ENGROSSED
Senate Bill No. 786
(By Senators Craigo, Anderson, Bailey, Chafin, Helmick,
Jackson, Love, Macnaughtan, Plymale, Prezioso, Sharpe,
Walker, Boley, Dugan, McKenzie, Minear and Sprouse)
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[Originating in the Committee on Finance;
reported March 14, 1998.]
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A BILL to amend and reenact article three, chapter five-a of the
code of West Virginia, one thousand nine hundred thirty-one,
as amended, by adding thereto two new sections, designated
sections fifty-five and fifty-five-a, all relating to
intrastate air transportation services for state employees,
legislators, members of various state boards and commissions,
and members of the general public; directing the solicitation
of bids to provide the same; outlining minimum bid
specifications; authorizing the limited underwriting of the
cost of the same; and making certain findings in relation
thereto.
Be it enacted by the Legislature of West Virginia:
That article three, chapter five-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto two new sections, designated sections fifty-five and fifty-five-a, all to read as follows:
ARTICLE 3. PURCHASING DIVISION.
§5A-3-55.Legislative findings.
The Legislature hereby finds that the absence of regularly
scheduled intrastate commercial passenger air service in the state
inhibits participation on state boards and commissions by citizens
living in distant areas of the state; results in the loss of
productivity by state employees and legislators traveling to and
from distant communities; and hampers economic development. The
Legislature further finds that it would well serve the state's
interests to partially underwrite the cost of providing air service
by soliciting competitive bids from responsible bidders in the
private sector to provide air service to the state.
§5A-3-55a. Director to solicit competitive bids to provide
partially underwritten intrastate passenger air service at the
lowest underwriting costs.
(a)The director may exercise the authority provided in this
article to solicit, from responsible bidders, bids to provide, for
a twelve-month period, partially underwritten, reliable, regularly
scheduled public passenger air service to state employees,
legislators, members of various state boards and commissions, and
members of the general public between and among communities in the
state.
(b) To be eligible to respond to such solicitation, a bidder
must offer to provide at a minimum: (1) Twenty non-stop or one-stop flights per calendar week between and among at least three
airports located in West Virginia; (2) round trip prices per
passenger which do not exceed three hundred dollars; (3) a flight
departure and arrival schedule which is determined by the director
to be efficient and appropriate to achieve optimum cost-benefit in
light of the official duties, responsibilities and work schedules
of the passengers using such service; (4) aircraft which seats at
least twelve passengers, and which meets other safety and comfort
specifications determined by the director; and (5) such other
requirements and specifications determined by the director.
(c) At the conclusion of the bidding process, the director
may, pursuant to the procedures provided in this article, award a
contract to the lowest bidder, taking into consideration the
qualities of the articles to be supplied, their conformity to the
specifications, their suitability to the requirements of government
and the delivery terms. Any or all bids may be rejected. The
director may accept a bid and enter into a contract in which the
guarantee amount shall not exceed the amount that the Legislature
shall appropriate to the director for such air service for that
fiscal year: Provided, That such contract shall provide that the
administration of the air service to be rendered pursuant thereto
shall be in accordance with such emergency regulations as the
director may promulgate for such purposes.