§5-19-2. Preference for domestic aluminum, glass and steel
products; mandatory contract provisions; exceptions.
(a) Every state spending unit, as defined in chapter five-a,
shall require that every contract or subcontract for the
construction, reconstruction, alteration, repair, improvement or
maintenance of public works or for the purchase of any item of
machinery or equipment to be used at sites of public works contain
a provision that, if any aluminum, glass or steel products are to
be supplied in the performance of the contract, or subcontract,
only domestic aluminum, glass or steel products shall be supplied
unless the spending officer, as defined in chapter five-a,
determines, in writing, after the receipt of offers or bids, that
the cost of domestic aluminum, glass or steel products is
unreasonable or inconsistent with the public interest or that
domestic aluminum, glass or steel products are not produced in
sufficient quantities to meet the contract requirements: Provided,
That this article applies to any public works contract awarded in
an amount more than fifty thousand dollars, and with regard to
steel only, this article applies to any public works contract
awarded in an amount more than fifty thousand dollars or requiring
more than ten thousand pounds of steel products.
(b) The commissioner of finance and administration shall issue
rules which provide that, for purposes of this article, the bid or
offered price of any aluminum, glass or steel products of domestic
origin, as defined in section one of this article (including any applicable duty), is not unreasonable if it does not exceed the sum
of a differential of twenty percent of the bid or offered price of
the aluminum, glass or steel products of foreign origin: Provided,
That if such products are produced in a "substantial labor surplus
area" as defined by the United States department of labor, the
differential applied under this article shall be thirty percent.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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