Senate Bill No. 626

(By Senator Deem and Craigo)


[Introduced February 21, 2000; referred to the Committee on Government Organization.]

A BILL to amend and reenact section ten, article three, chapter five-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to purchasing procedures; requiring certain request for bids to be posted on agency internet web sites; and requiring that the West Virginia development office be notified of certain requisitions.

Be it enacted by the Legislature of West Virginia:
That section ten, article three, chapter five-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

§5A-3-10. Competitive bids; publication of solicitations for sealed bids; purchase of products of nonprofit workshops; employee to assist in dealings with nonprofit workshops.

A purchase of and contract for commodities, printing and services shall be based, whenever possible, on competitive bids.
The director shall solicit sealed bids for the purchase of commodities and printing which is estimated to exceed ten thousand dollars. No spending unit shall may issue a series of requisitions which would circumvent this ten thousand dollar maximum. Any spending unit which issues a requisition in excess of five hundred thousand dollars shall notify the West Virginia development office. The director may permit bids by facsimile transmission machine to be accepted in lieu of sealed bids: Provided, That an original bid is received within two working days following the date specified for bid opening. Bids shall be obtained by public notice. The notice may be published by any advertising medium the director deems considers advisable. The request for bids shall also be listed on the internet web page of the agency or political subdivision for which the purchase is being made. The director may also solicit sealed bids by sending requests by mail to prospective suppliers and by posting notice on a bulletin board in his or her office: Provided, however, That the director shall, without competitive bidding, purchase commodities and printing produced and offered for sale by nonprofit workshops, as defined in section one, article one of this chapter, which are located in this state: Provided further, That such the commodities and printing shall be of a fair market price and of like quality comparable to other commodities and printing otherwise available as determined by the director with the advice of the committee on the purchase of commodities and services from the handicapped.
Toward the end of effecting the making of contracts for commodities and printing of nonprofit workshops, the director shall employ a person whose responsibilities in addition to other duties shall be to identify all commodities and printing available for purchase from such the nonprofit workshops, to evaluate the need of the state for such the commodities and printing to coordinate the various nonprofit workshops in their production efforts and to make available to such the workshops information about available opportunities within state government for purchase of commodities or printing which might be produced and sold by such the workshops. Funds to employ such a the person shall be included annually in the budget.

NOTE: The purpose of this bill is to require the posting of request for bids on agency internet web sites. The bill also requires agencies requesting requisitions in excess of five hundred thousand dollars to notify the West Virginia Development Office.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.