ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 651
(By Senator Kessler)
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[Originating in the Committee on Government Organization;
reported February 26, 2010.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §5A-3-37b, relating
to preference for certain current permit holders.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §5A-3-37b, to read as
follows:
ARTICLE 3. PURCHASING DIVISION.
§5A-3-37b. Preference for certain current permit holders.
(a) In addition to any other preference afforded in this code,
a person holding a permit under a state owned and operated program
to acquire and operate equipment on behalf of the state by
competitive bid on a regular ten year basis, where a copy of the
bid is to be filed with the Director of Purchasing as well as with
the appropriate agency, may obtain the particular permit in lieu of a person not currently holding such a permit at the time of a bid
by matching the bid price submitted by the person not then holding
the permit and adding ten percent to that price, and the particular
permit shall then be awarded to the person already holding a permit
under the program, such that the permit shall not be awarded to the
new bidder. If more than one current permit holder wishes to
exercise the preference under this section, the bid shall be
awarded by lot to a current permit holder, except that where a
person holding a permit for equipment under the program has a
contract to lease such equipment which is in effect at the time of
a bid, and the new bidder with whom he or she has the contract also
submits a bid, only the current permit holder with the contract may
exercise the preference under this section with respect to that new
bidder.
(b) Any current permit holder wishing to have the opportunity
to match a particular bid pursuant to subsection (a) of this
section must:
(1) Have made a bid for a permit;
(2) Inform the agency in writing within five business days of
receipt of the official notice of the bids received by the opening
that he or she will match a particular bid;
And,
(3) Make payment in full to the agency of the amount of the
bid to be matched plus the required ten percent within thirty days
of receipt of the official notice of the bids received.
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