Chapter 5A, Chapter 5A

The director, under the direction and supervision of the secretary, is the executive officer of the Purchasing Division and has the authority to: (1) Direct the activities and employees of the Purchasing Division; (2) Ensure that the purchase of or contract for commodities and se…

(a) The Legislature of the State of West Virginia hereby declares that the purpose of this statute is to promote equal and fair bidding for the purchase of commodities and services by the state, to eliminate fraud in the procurement of commodities and services by the state. (b) I…

(a) It shall be unlawful for any person to corruptly act alone or combine, collude or conspire with one or more other persons with respect to the purchasing or supplying of services, commodities or printing to the state under the provisions of this article if the purpose or effec…

The director shall have the power and authority to suspend, for a period not to exceed one year, the right and privilege of a vendor to bid on state purchases when the director has reason to believe that such vendor has violated any of the provisions of the purchasing law or the …

Any vendor whose right to bid on state purchases has been suspended by the director under the authority of the preceding section shall have the right to have the director's action reviewed by the secretary, who shall have the power and authority to set aside such suspension.

The provisions of sections thirty-three-a through thirty-three-f of this article govern the debarment of vendors with regard to bids under the following provisions of this code: (a) Section one, article twenty-two, chapter five, relating to bids for construction contracts by the …

The director has primary responsibility for administering the debarment process. The director's duties include: (a) Obtaining lists of vendors declared ineligible under federal laws and regulations; (b) Notification of all contracting officials for the state and its subdivisions …

(a) Grounds for debarment are: (1) Conviction of an offense involving fraud or a felony offense related to obtaining or attempting to obtain a public contract or subcontract; (2) Conviction of any federal or state antitrust statute relating to the submission of offers; (3) Convic…

(a) The director shall obtain lists of vendors declared ineligible under federal laws and regulation and lists of vendors who are in default on state obligations, and shall initiate debarment proceedings with respect to such vendors, except when good cause is shown which includes…

(a) Unless the director determines in writing that there is a compelling reason to do otherwise, the state and its subdivisions may not solicit offers from, award contracts to, nor consent to subcontract with a debarred vendor during the debarment period. (b) The contracting offi…

The director shall, under the direction and supervision of the secretary, have full authority over inventories and property.

The head of every spending unit of State government shall, on or before July 15, of each year, make an accounting and inventory of, and file with the director, all real and personal property, and of all equipment, supplies and commodities in its possession as of the close of the …

The director has the power and duty to make and keep current an inventory of all removable property belonging to the state. Such inventory shall be kept on file in the office of the director as a public record. The inventory shall disclose the name and address of the vendor, the …

(a) For purposes of this section, a vendor shall be deemed to be a resident of this state if such vendor: (1) Is registered in accordance with §11-12-1 et seq. of this code to transact business within the State of West Virginia; (2) Maintains its headquarters or principal place o…

(a) The provisions of §5A-3-3(9) of this code do not apply to the Division of Emergency Management created by §15-5-1 et seq. of this code: Provided, That if work on a purchase or contract has been started by the Purchasing Division, on behalf of the Division of Emergency Managem…

Notwithstanding any provisions of section one or three of this article to the contrary, the provisions of this article do not apply to facilities providing direct patient care services that are managed, directed, controlled and governed by the Secretary of the Department of Healt…

(a) The provisions of this article do not apply to contracts entered into during a state of emergency declared by the Governor pursuant to §15-5-6 of this code, so long as the contract is directly and solely related to the recovery from the declared state of emergency. (b) The pr…

The committee shall have the following duties and responsibilities: (a) Determining the fair market price of all commodities, printing and services produced by nonprofit workshops and offered for sale by the central nonprofit agency to the various departments and political subdiv…

(a) The director shall propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. 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 mad…

There is hereby established within the Purchasing Division and under the supervision of the director of the Purchasing Division the state agency for surplus property.

(a) The state agency for surplus property is hereby authorized and empowered (1) to acquire from the United States of America such property, including equipment, materials, books or other supplies under the control of any department or agency of the United States of America as ma…

(a) The State agency for surplus property has the exclusive power and authority to make disposition of commodities or expendable commodities now owned or in the future acquired by the State when the commodities are or become obsolete or unusable or are not being used or should be…

Any charges made or fees assessed by the state agency for surplus property for the acquisition, warehousing, distribution or transfer of any property acquired by donation from the United States of America for educational purposes or public health purposes, including research, sha…

Notwithstanding any provisions or limitations of this article, the state Department of Agriculture and any other state departments or agencies hereafter so designated are authorized and empowered to distribute food, food stamps, surplus commodities and agricultural products under…

(a) The Secretary of Administration shall promulgate rules, including emergency rules, relating to the ownership, purchase, use, storage, maintenance and repair of all motor vehicles and aircraft owned or possessed by the State of West Virginia or any of its departments, division…

The committee may adopt rules for the implementation, extension, administration, or improvement of the program authorized by this article.

(a) The director shall promulgate and adopt standard specifications based on scientific and technical data for appropriate commodities and services, which shall establish the quality to which commodities to be purchased and services to be contracted for by the state must conform.…

The secretary shall be empowered to purchase new vehicles and aircraft and dispose of old vehicles and aircraft as is practical from time to time.

The secretary may utilize any building or land owned by the state, any department, institution or agency thereof, for the storing, garaging, and repairing of such motor vehicles and aircraft. The secretary shall provide for the employment of personnel needed to manage said motor …

(a) The secretary may establish an aviation division within the Department of Administration to: (1) Manage all aircraft owned or possessed by the State of West Virginia or any of its departments, divisions, agencies, bureaus, boards, commissions, offices or authorities: Provided…

If any state officer, agent or employee fails to comply with any rule or regulation of the secretary made pursuant to section forty-eight of this article, the State Auditor shall, upon order of the secretary, refuse to issue any warrant or warrants on account of expenses incurred…

(a)(1) Except when authorized pursuant to the provisions of subsection (b) of this section, no contractor may use or supply steel products for a state contract project other than those steel products made in the United States. (2) As used in this section: (A) "State contract proj…

(a) Findings. -- The Legislature finds that: (1) The production of iron, steel, manufactured goods, coal and timber provides jobs and family income to many individuals in this state and, in turn, the jobs and family incomes of millions of persons in the United States; (2) The tax…

There is hereby created in the state Treasury a special revenue account to be known as the Purchasing Improvement Fund. The Purchasing Improvement Fund shall receive funds transferred from the Purchasing Card Administration Fund by the Auditor pursuant to section ten-d, article t…

(a) As used in this section: (1) "Minority individual" means an individual who is a citizen of the United States or a noncitizen who is in full compliance with United States immigration law and who satisfies one or more of the following definitions: (A) "African American" means a…

The purchasing unit is exempt from the operation of the mandatory provisions of section ten, article three of this chapter when: (1) The director of purchasing determines that the commodity or service so produced or provided does not meet the reasonable requirements of the purcha…

The secretary may from time to time request any official or employee of any spending unit to aid and advise the director in formulating, revising or amending the schedule of standard specifications provided for in section five of this article. Such official or employee shall act …

(a) All executive department secretaries, commissioners, deputy commissioners, assistant commissioners, directors, deputy directors, assistant directors, department heads, deputy department heads and assistant department heads are hereby required to take two hours of training on …

(a) Notwithstanding any provision in this article to the contrary, a spending unit may utilize the process described in this section to standardize purchases of commodities used by the spending unit on a repeated basis. Such standardization may result in a determination that only…

(a) Any term or condition in any contract entered into by the state shall be void ab initio to the extent that it requires the state to: (1) Indemnify or hold harmless any entity; (2) Agree to binding arbitration or any other binding extra-judicial dispute resolution process; (3)…

(a) The Legislature finds that: (1) The State of Israel is one of the United States’ closest allies and international trading partners; and (2) In recent years, the State of Israel and Israeli-owned businesses have been the target of boycotts that attempt to isolate Israel within…

(a) This section shall be known and may be cited as the First Amendment Preservation Act and is hereby established by the Legislature for the purpose of preventing the state and its agencies from contracting with advertising agencies that use the services of misinformation or dis…

The director shall advise with the heads of the various state and other institutions producing commodities, services and printing, with the view to making these articles suitable for the needs of state spending units. Notwithstanding any provision of this code to the contrary, in…

The director shall make available the facilities and services of his or her division to counties, county schools, municipalities, urban mass transportation authorities, created pursuant to §8-27-1 et seq. of this code, mass transportation divisions of county and municipal governm…

The director shall make available the facilities and services of his or her division to fire departments and companies, including volunteer and part-volunteer departments and companies, as well as to emergency medical services agencies that are designated to provide emergency res…

Within the limit of funds available, the director, or some person appointed by the director, shall determine whether commodities delivered or services performed conform to contractual requirements. Nonconformity shall be reported to the director and chief officer of the spending …

The "Vendor Registration Payment Fund" is hereby redesignated and continued as the "Vendor Fee Fund," and the balance remaining upon the effective date of this section shall remain upon redesignation. Moneys deposited in this fund shall be administered by the Purchasing Division …

There is hereby created a new General Services Division of the Department of Administration for the purpose of having the care, custody and control of the capitol buildings. The division shall be under the supervision of a director.

(a) The director has the full responsibility for the care, control and custody of the capitol buildings and in this connection he or she shall: (1) Furnish janitorial services, which are to be provided by employees of the Department of Administration for the main capitol building…

In addition to the other powers given and assigned to the secretary in this chapter, he is hereby authorized to appoint bona fide residents of this state to act as security officers upon any premises owned or leased by the State of West Virginia and under the jurisdiction of the …