§5A-3-4. Rules of director


Published: 2015

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WVC 5 A- 3 - 4

§5A-3-4. Rules of director.

     (a) The director shall propose rules for legislative approval

in accordance with the provisions of article three, chapter

twenty-nine-a of this code to:

     (1) Authorize a spending unit to purchase specified

commodities and services directly and prescribe the manner in which

such purchases shall be made;

     (2) Authorize, in writing, a spending unit to purchase

commodities and services in the open market for immediate delivery

in emergencies, define emergencies and prescribe the manner in

which such purchases shall be made and reported to the director;

     (3) Prescribe the manner in which commodities and services

shall be purchased, delivered, stored and distributed;

     (4) Prescribe the time for making requisitions and estimates

of commodities and services, the future period which they are to

cover, the form in which they shall be submitted and the manner of

their authentication;

     (5) Prescribe the manner of inspecting all deliveries of

commodities, and making chemical and physical tests of samples

submitted with bids and samples of deliveries to determine

compliance with specifications;

     (6) Prescribe the amount and type of deposit or bond to be

submitted with a bid or contract and the amount of deposit or bond

to be given for the faithful performance of a contract;

     (7) Prescribe a system whereby the director shall be required,

upon the payment by a vendor of an annual fee established by the

director, to give notice to such vendor of all bid solicitations

for commodities and services of the type with respect to which such

vendor specified notice was to be given, but no such fee shall

exceed the cost of giving the notice to such vendor, nor shall such

fee exceed the sum of $125 per fiscal year nor shall such fee be

charged to persons seeking only reimbursement from a spending unit;

     (8) Prescribe that each state contract entered into by the

Purchasing Division shall contain provisions for liquidated

damages, remedies or provisions for the determination of the amount

or amounts which the vendor shall owe as damages, in the event of

default under such contract by such vendor, as determined by the

director;

     (9) Prescribe contract management procedures for all state

contracts except government construction contracts including, but

not limited to, those set forth in article twenty-two, chapter five

of this code;

     (10) Prescribe procedures by which oversight is provided to

actively monitor spending unit purchases, including, but not

limited to, all technology and software commodities and services

exceeding $1 million, approval of change orders and final

acceptance by the spending units;

     (11) Prescribe that each state contract entered into by the Purchasing Division contain provisions for the cancellation of the

contract upon thirty days' notice to the vendor;

     (12) Prescribe procedures for selling surplus commodities to

the highest bidder by means of an Internet auction site;

     (13) Provide such other matters as may be necessary to give

effect to the foregoing rules and the provisions of this article;

and

     (14) Prescribe procedures for encumbering purchase orders to

ensure that the proper account may be encumbered before sending

purchase orders to vendors.

     (b) The director shall propose rules for legislative approval

in accordance with the provisions of article three, chapter

twenty-nine-a of this code to prescribe qualifications to be met by

any person who is to be employed in the Purchasing Division as a

state buyer. The rules must provide that a person may not be

employed as a state buyer unless he or she at the time of

employment either is:

     (1) A graduate of an accredited college or university; or

     (2) Has at least four years' experience in purchasing for any

unit of government or for any business, commercial or industrial

enterprise.

     Persons serving as state buyers are subject to the provisions

of article six, chapter twenty-nine of this code.





Note: WV Code updated with legislation passed through the 2015 Regular Session

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