Senate Bill No. 651
(By Senator Kessler)
[Introduced February 22, 2010; referred to the Committee on
Government Organization; and then to the Committee on Finance.]
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 license or 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
ARTICLE 3. PURCHASING DIVISION.
§5A-3-37b. Preference for certain current license or permit
In addition to any other preference afforded in this code, a
person holding a license or permit under a state owned and operated
program to acquire and operate equipment on behalf of the state by
competitive bid, 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 license or permit in lieu of a person not
currently holding such a license or permit at the time of the bid
by matching the bid price submitted by the person not then holding
the license or permit, and the particular license or permit shall
then be awarded to the person already holding a license or permit
under the program, such that the license or permit shall not be
awarded to the new bidder. If more than one current license or
permit holder wishes to match a new bidder, the bid shall be
awarded by lot to a current license or permit holder, except that
where a person holding a license or permit for equipment under the
program has a contract to lease such equipment which is in effect
at the time of the bid, and the new bidder with whom he has the
contract also submits a bid, only the current license or permit
holder with the contract may exercise the preference under this
section with respect to that new bidder.
NOTE: The purpose of this bill is to provide a preference for
current license or permit holders in obtaining bids under state
programs offering them to match the bids submitted by newcomers.
§5A-3-37b is new; therefore, strike-throughs and underscoring
have been omitted.