As used in this article, unless the context clearly requires a different meaning, the term:
(a) "Commissioner" means the commissioner of the Division of Corrections.
(b) "Contracting agency" means the appropriate governmental agency with the authority to enter into a contract with a prison vendor for correctional services. A contracting agency shall include, but not be limited to, the State of West Virginia and its political subdivisions, the federal government, any federal agency, one or more of the remaining United States, or a political subdivision of one or more of the remaining United States.
(c) "Correctional services" means the following functions, services and activities, when provided within a prison or otherwise:
(1) Design and modification or construction of prison facilities;