Senate Bill No. 659
(By Senator Unger)
[Introduced February 20, 2012; referred to the Committee on he Judiciary.]
A BILL to amend and reenact §5A-3-3 of the Code of West Virginia, 1931, as amended, relating to powers and duties of the Director of Purchasing; removing outdated language; and requiring the director to require vendors, contractors, subcontractors and their employees conducting business with the state to submit to a criminal background check under certain circumstances.
Be it enacted by the Legislature of West Virginia:
That §5A-3-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3. PURCHASING DIVISION.
§5A-3-3. Powers and duties of Director of Purchasing.
The director, under the direction and supervision of the secretary, shall be is the executive officer of the Purchasing Division and shall have has the power and duty to:
(1) Direct the activities and employees of the Purchasing Division;
(2) Ensure that the purchase of or contract for commodities shall be are based, whenever possible, on competitive bid;
(3) Purchasing Purchase or contract for, in the name of the state, the commodities and printing required by the spending units of the state government;
(4) Apply and enforce standard specifications established in accordance with section five of this article as hereinafter provided;
(5) Transfer to or between spending units or sell commodities that are surplus, obsolete or unused as hereinafter provided;
(6) Have charge of central storerooms for the supply of spending units, as the director deems considers advisable;
(7) Establish and maintain a laboratory for the testing of commodities and make use of existing facilities in state institutions for that purpose as hereinafter provided, as the director deems considers advisable;
(8) Suspend the right and privilege of a vendor to bid on state purchases when the director has evidence that such the vendor has violated any of the provisions of the purchasing law or the rules and regulations of the director;
(9) Examine the provisions and terms of every contract entered into for and on behalf of the State of West Virginia that impose any obligation upon the state to pay any sums of money for commodities or services and approve each such contract as to such those provisions and terms; and the this duty of examination and approval herein set forth does not supersede the responsibility and duty of the Attorney General to approve such those contracts as to form: Provided, That the provisions of this subdivision do not apply in any respect whatever to construction or repair contracts entered into by the Division of Highways of the Department of Transportation; Provided, however, That the provisions of this subdivision do not apply in any respect whatever to contracts entered into by the University of West Virginia Board of Trustees or by the board of Directors of the state College System, except to the extent that such boards request the facilities and services of the director under the provisions of this subdivision; and
(10) Assure that the specifications and commodity descriptions in all “requests for quotations” are prepared so as to permit all potential suppliers-vendors who can meet the requirements of the state an opportunity to bid and to assure that the specifications and descriptions do not favor a particular brand or vendor. If the director determines that any such the specifications or descriptions as written favor a particular brand or vendor or if it is decided, either before or after the bids are opened, that a commodity having different specifications or quality or in different quantity can be bought, the director may rewrite the “requests for quotations” and the matter shall be rebid; and
(11) Require any vender, contractor, subcontractor and their respective employees who will be conducting business with the State of West Virginia and will be physically present at any state facility or grounds or who have access to sensitive or critical information submit to a fingerprint-based state and federal background inquiry through the state repository. The person submitting to the background inquiry shall pay any fee or cost associated with the inquiry.
NOTE: The purpose of this bill is to require vendors, contractors, subcontractors and their employees to submit to a criminal background check if they will be at a state facility or have access to sensitive or critical information.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.