CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
ARTICLE 19. DOMESTIC ALUMINUM, GLASS AND STEEL IN PUBLIC WORKS
Unless the context in which used clearly requires a different
meaning, as used in this article:
"Public agency" means the state of West Virginia, counties,
municipalities, towns, boards of education, public service
districts and other political subdivisions of this state.
"Public works" includes roads, highways, streets, bridges,
sidewalks, sewage systems, buildings, engineering and architectural
works, and any other structure, facility or improvement constructed
or undertaken by a public agency.
"Aluminum, glass and steel products" means products rolled,
formed, shaped, drawn, extruded, forged, cast, fabricated, or
otherwise similarly processed from aluminum, glass and
steel;"domestic aluminum, glass and steel products" means aluminum,
glass and steel products made in the United States.
§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.
§5-19-3. Contract payments; recovery in cases of violation of
A public agency may not authorize or make any payments to a
contractor under a contract which contains or should contain the
provision required by section two of this article unless such
contractor has fully complied with such provision. Prior to such
payment, the public agency shall require sworn certificates of
compliance from all contractors, subcontractors and suppliers whose
work involved the supplying of aluminum, glass or steel products.
Payments made by a public agency to any contractor who did not
comply with this article may be recovered by such agency.
§5-19-4. Bid or offered price of steel products of foreign origin.
If prior to the award of a contract under this article, the
spending officer, as defined in chapter five-a, determines that
there exists a bid or offered price of like aluminum, glass or
steel products of foreign origin that is reasonable and lower than
the lowest bid or offered price of aluminum, glass or steel
products of domestic origin, the spending officer, as defined in
chapter five-a, may request in writing a reevaluation and reduction
in the lowest bid offered price of such products of domestic