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Enrolled Version - Final Version Senate Bill 651 History

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SB651 SUB1 enr
ENROLLED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 651

(Senator Kessler, original sponsor)

____________

[Passed March 11, 2010; in effect ninety days from passage.]

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AN ACT 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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