§5A-3-20. Spending Units to Submit Lists of Expendable Commodities
The head of every spending unit shall submit a list of expendable commodities such spending unit has on hand whenever requested to do so by the director.
§5A-3-28. Financial Interest of Secretary, etc.; Receiving Reward From Interested Party; Penalty; Application of Bribery Statute
(a) Neither the secretary, nor the director nor any employee of the Division of Purchasing, shall be financially interested, or have any beneficial personal interest, directly or indirectly, in the purchase of any commodities, services or printing, nor in any firm, partnership, corporation or association furnishing them. Neither the secretary, nor the director nor any […]
§5A-3-29. Penalty for Violation of Article
Any person who knowingly and willfully violates a provision of this article, except where another penalty is prescribed, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail not less than ten days nor more than one year, or fined not less than ten nor more than $500, or both, […]
§5A-3-3. Authority of Director of Purchasing
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;
§5A-3-30. Statement of Purpose; Obtaining Money and Property Under False Pretenses or by Fraud From the State; Penalties; Definition
(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) It is unlawful for any person to […]
§5A-3-31. Corrupt Actions, Combinations, Collusions or Conspiracies Prohibited; Penalties
(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 effect of such action, combination, collusion or […]
§5A-3-32. Power of Director to Suspend Right to Bid; Notice of Suspension
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 rules and regulations […]
§5A-3-33. Review of Suspension by Secretary
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.
§5A-3-33b. Scope
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 state and its subdivisions; (b) Section eleven, article three, chapter five-a, relating to the […]
§5A-3-33c. Duties
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 regarding debarred vendors; (c) Compiling and maintaining a current, consolidated list of all vendors that have been […]
§5A-3-33d. Grounds for Debarment
(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;
§5A-3-33e. Debarment Procedure
(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 evidence that the vendor has become responsible. (1) In the case […]
§5A-3-33f. Effects of Debarment
(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 officer may not exercise an option to renew or otherwise extend […]
§5A-3-34. Authority Over Inventories and Property
The director shall, under the direction and supervision of the secretary, have full authority over inventories and property.
§5A-3-35. Submission of Annual Inventories
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 last fiscal year.
§5A-3-36. Inventory of Removable Property
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 date of purchase, the […]
§5A-3-37. Reciprocal Preference; Preference for Resident Vendors for Certain Contracts
(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;
§5A-3-3a. Additional Exemptions From Purchasing Requirements
(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 Management, prior to the effective date of […]
§5A-3-3b. Exemption of Facilities Providing Direct Patient Care Services That Are Managed, Directed, Controlled and Governed by the Secretary of the Department of Health and Human Resources
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 Health and Human Resources: Provided, That on or before July 1, 2020, […]
§5A-3-3c. Exemptions From Purchasing Requirements for Contracts Entered Into as Part of Recovery From a Declared State of Emergency
(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 provisions of this article do not […]