COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 511
(By Senators Craigo, Wooton, Ball, Bowman, McCabe, Edgell,
Kessler, Fanning, Dittmar, Anderson, Bailey, Jackson, Prezioso,
Plymale, Minard, Sharpe, Chafin, Ross, Schoonover, Hunter,
Mitchell, Unger, Minear, Snyder and Tomblin, Mr. President)
____________
[Originating in the Committee on the Judiciary;
reported March 3, 1999.]
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A BILL to amend and reenact section one, article twenty-two,
chapter five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to amend and reenact section
eleven, article three, chapter five-a of said code; to amend
and reenact section eleven, article one, chapter seven of said
code; to amend chapter twelve of said code by adding thereto
a new article, designated article four-b; to amend and reenact
section nineteen, article four, chapter seventeen of said
code; to amend and reenact section fifteen, article nine-d,
chapter eighteen of said code; and to amend and reenact
section five, article five, chapter eighteen-b of said code, all relating to debarment of vendors from bidding on certain
government contracts; describing the duties of the state
auditor with respect to the debarment process; setting the
scope of the applicability of the debarment process; providing
for an administrative procedure for contesting debarment
decisions; and granting authority to promulgate regulations.
Be it enacted by the Legislature of West Virginia:
That section one, article twenty-two, chapter five of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted; that section eleven, article three,
chapter five-a of said code be amended and reenacted; that section
eleven, article one, chapter seven of said code be amended and
reenacted; that section nineteen, article four, chapter seventeen
of said code be amended and reenacted; that section fifteen,
article nine-d, chapter eighteen of said code be amended and
reenacted; that section five, article five, chapter eighteen-b of
said code be amended and reenacted; and that chapter twelve of said
code be amended by adding thereto a new article, designated four-b,
all to read as follows:
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 22. GOVERNMENT CONSTRUCTION CONTRACTS.
§5-22-1. Bidding required; government construction contracts to go
to qualified responsible bidder; debarment; exceptions.
As used in this section, "the state and its subdivisions"
means the state of West Virginia, every political subdivision
thereof, every administrative entity that includes such a
subdivision, all municipalities and all county boards of education.
The state and its subdivisions shall except as provided in
this section solicit competitive bids for every construction
project exceeding twenty-five thousand dollars in total cost;
Provided, That a vendor who has been debarred pursuant to the
provisions of article four-a, chapter twelve of this code may not
be permitted to bid on or be awarded a contract under this section.
Following the solicitation of such bids the construction
contract shall be awarded to the lowest qualified responsible
bidder, who shall furnish a sufficient performance and payment
bond:
Provided, That the state and its subdivisions may reject all
bids and solicit new bids on said project.
Nothing in this section shall apply to work performed on
construction or repair projects by regular full-time employees of
the state or its subdivisions, nor shall anything in this section
prevent students enrolled in vocational educational schools from
being utilized in construction or repair projects when such use is
a part of the students training program.
Nothing herein shall apply to emergency repairs to building
components and systems. For the purpose of this paragraph,
emergency repairs means repairs that if not made immediately will
seriously impair the use of such building components and systems,
or cause danger to those persons using such building components and
systems.
Nothing herein shall apply to any situation where the state or
a subdivision thereof shall come to an agreement with volunteers,
or a volunteer group, whereby the governmental body will provide
construction or repair materials, architectural, engineering,
technical or any other professional services and the volunteers
will provide the necessary labor without charge to, or liability
upon, the governmental body.
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
ARTICLE 3. PURCHASING DIVISION.
§5A-3-11. Purchasing in open market on competitive bids; bids to
be based on standard specifications; period for alteration or
withdrawal of bids; awards to lowest responsible bidder;
uniform bids; record of bids;and exception.
The director may make a purchase of commodities, printing, and
services of ten thousand dollars or less in amount in the open
market, but
such the purchase shall, wherever possible, be based on
at least three competitive bids.
The director may authorize spending units to purchase
commodities, printing and services in the amount of one thousand
dollars in the open market without competitive bids.
Bids shall be based on the standard specifications promulgated
and adopted in accordance with the provisions of section five of
this article, and
shall may not be altered or withdrawn after the
appointed hour for the opening of
such the bids. All open market
orders, purchases based on advertised bid requests or contracts
made by the director or by a state department shall be awarded to
the lowest responsible bidder, taking into consideration the
qualities of the articles to be supplied, their conformity with
specifications, their suitability to the requirements of the
government and the delivery terms:
Provided, That state bids on
school buses shall be accepted from all bidders who shall then be
awarded contracts if they meet the state board's "Minimum Standards
for Design and Equipment of School Buses". County boards of
education may select from those bidders who have been awarded
contracts and shall pay the difference between the state aid
formula amount and the actual cost of bus replacement. Any or all
bids may be rejected. If all bids received on a pending contract
are for the same unit price or total amount, the director
shall
have has authority to reject all bids, and to purchase the required
commodities, printing and services in the open market, if the price paid in the open market does not exceed the bid prices:
Provided,
That a vendor who has been debarred under the provisions of article
four-b, chapter twelve of this code may not bid on or be awarded a
contract under this section.
Both copies must be received at the respective offices prior
to the specified date and time of the bid openings. The failure to
deliver or the nonreceipt of these bid forms at either of these
offices prior to the appointed date and hour are grounds for
rejection of the bids. In the event of any deviation between the
copies submitted to the purchasing division and the state auditor,
such the bids as to which there is
such a deviation shall be
rejected, if the deviation relates to the quantity, quality or
specifications of the commodities, printing or services to be
furnished or to the price therefor or to the date of delivery or
performance. After the award of the order or contract, the
director, or someone appointed by him
or her for that purpose,
shall indicate upon the successful bid and its copy in the office
of the state auditor that it was the successful bid. Thereafter,
the copy of each bid in the possession of the director and the
state auditor shall be maintained as a public record by both of
them, shall be open to public inspection in the offices of both the
director and the state auditor and
shall may not be destroyed by
either of them without the written consent of the legislative auditor:
Provided, That
the board of regents the governing board
as defined in section two, article one, chapter eighteen-b of this
code, may certify in writing to the director the need for a
specific item essential to a particular usage either for
instructional or research purposes at an institution of higher
education and the director upon review of such certification may
provide for the purchase of said specific items in the open market
without competitive bids. If the director permits bids by
facsimile transmission machine to be accepted in lieu of sealed
bids pursuant to the provisions of section ten of this article, a
duplicate facsimile transmission machine bid shall be transmitted
to the state auditor pursuant to this section, provided that an
original bid is received by the state auditor within two working
days following the date specified for bid opening.
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-11. Purchasing in open market or competitive bids.
County commissions may make a purchase of commodities and
printing of five thousand dollars or less in amount in the open
market, but a purchase of and contract for commodities and printing
over five thousand dollars shall be based on competitive bids,
except in case of emergency.
The county commission of any county is hereby authorized and empowered to promulgate rules and regulations governing the
procedure of competitive bids:
Provided, That a vendor who has
been debarred pursuant to the provisions of article four-b, chapter
twelve of this code may not be permitted to bid on or be awarded a
contract under this section.
As used in this section, the terms "commodities" and
"printing" shall have the same meaning as those terms are defined
in section one, article one, chapter five-a of this code.
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.
ARTICLE 4B. DEBARMENT OF VENDORS
§12-4B-1. Definitions.
For purposes of this article:
1) "Debarment" means the exclusion of a vendor from the right
to bid on contracts to sell goods or supply services to the State
or its subdivisions for a specified period of time.
(2) "The state and its subdivisions" means the state of West
Virginia, every political subdivision thereof, every administrative
entity that includes such a subdivision, all municipalities and all
county boards of education.
(3) "Vendor" means any person or entity that is eligible to
bid on contracts to supply the state or its subdivisions with
commodities or services, including contracting services for the
construction and improvement of roads and buildings.
§12-4B-2. Scope of article.
The provisions in this article govern the debarment of vendors
with regard to bids under the following provisions of this code:
(a) Section one, article twenty-two, chapter five, relating to
bids for construction contracts by the State and its subdivisions;
(b) Section eleven, article three, chapter five-a, relating to
the purchase of supplies and printing by the state;
(c) Section eleven, article one, chapter seven, relating to
bids for the purchase of commodities and printing by county
commissions; and
(d) Sections nineteen and twenty, article four, chapter
seventeen, relating to bids for construction and reconstruction of
state roads and bridges and the furnishing of materials and
supplies therefor.
(e) Article nine-d, chapter eighteen, relating to the awarding
of contracts by the school building authority; and
(f) Sections four and five, article five, chapter eighteen-b,
relating to expenditures by the governing boards for higher
education.
§12-4B-3. Duties of the state auditor.
The state auditor has primary responsibility for administering
the debarment process. The auditor's duties include:
(a) Obtaining lists of vendors declared ineligible under federal laws and regulations;
(b) Notification of all contracting officials for the State
and its subdivisions regarding debarred vendors;
(b) Compiling and maintaining a current, consolidated list of
all vendors that have been debarred or declared ineligible, the
period of such debarment, and the reasons therefor.
(c) Investigating complaints about vendors from the officials
of the state and its subdivisions responsible for contracting with
vendors for supplies and services.
(d) Initiating and conducting debarment procedures.
(e) Promulgating rules for the operation of the debarment
process described in this article.
§12-4B-4. Grounds for debarment.
Grounds for debarment include:
(1) Conviction of an offense involving fraud or a criminal
offense in connection with obtaining, attempting to obtain or
performing a public contract or subcontract.
(2) Conviction of any federal or state antitrust statute
relating to the submission of offers.
(3) Conviction of an offense involving embezzlement, theft,
forgery, bribery, falsification or destruction of records, making
false statements or receiving stolen property in connection with
the performance of a vending contract.
(4) Conviction of, or civil judgment for, commission of any
other offense indicating a lack of business integrity or business
honesty that seriously and directly affects the present
responsibility of the vendor or subcontractor.
(5) Violation of the term of a state contract or subcontract
so serious as to justify debarment, such as willful failure to
perform in accordance with the terms of one or more state
contracts, a history of failure to perform or unsatisfactory
performance on one or more state contracts.
(6) Conviction of provisions of the West Virginia workers'
compensation act, convictions of the West Virginia unemployment
compensation act, convictions of the West Virginia state tax and
revenue laws, convictions of the provisions of the West Virginia
vendor's licensing statutes and convictions of the West Virginia
division of labor statutes and rules.
(7) Violation of the terms of a government contract or
subcontract so serious as to justify debarment, including but not
limited to:
(A) Willful failure to perform in accordance with the terms
of one or more contracts.
(B) A history of failure to perform, or of unsatisfactory
performance of one or more contracts.
(C) Willful failure to perform, or a history of unsatisfactory
performance of any contract obligations regarding disadvantaged business enterprise participation in department contracts under the
state or federal programs concerning disadvantaged business
enterprises.
(D) Use of substandard materials or failure to furnish or
install materials in accordance with the contract in a department
project, even if the discovery of the defect is subsequent to
acceptance of the project and expiration of the warranty thereof,
if such defect amounts to intentionally deficient or grossly
negligent performance of the contract under which the defect was a
consequence.
(8) Any other cause of a serious or compelling nature that
affects the present responsibility of the vendor or subcontractor.
§12-4B-5. Debarment procedure.
(a) The auditor shall initiate debarment proceedings by
notifying the vendor and any specifically named affiliates by
certified mail, return receipt requested, of the following:
(1) The reasons for the proposed debarment in sufficient
detail to put the vendor on notice of the conduct or transactions
upon which the proposed debarment is based;
(2) The causes relied upon for the proposed debarment;
(3) That within thirty working days after receipt of the
notice, the vendor may submit in writing information and argument
in opposition to the proposed debarment;
(4) The procedures governing debarment decision-making;
(5) The potential effect of the proposed debarment; and
(b) In the event a vendor wishes to contest the debarment
decision, the auditor shall decide the matter in accordance with
the provisions of article five, chapter twenty-nine-a of this code.
§12-4B-6. Effects of debarment.
(a) Unless the auditor determines in writing that there is a
compelling reason to do otherwise, the state and its subdivisions
may not solicit offers from, award contracts to, or consent to
subcontract with a debarred vendor during the debarment period.
(b) The contracting officer may not exercise an option to
renew or otherwise extend a current contract with a debarred
vendor, or a contract which is being performed in any part by a
debarred subcontractor, unless the auditor approves the action in
writing, based on compelling reasons for exercise of the option or
extension.
(c) Debarment shall constitute debarment of all divisions or
other organizational elements of the vendor, unless the debarment
decision is limited by its terms to specific divisions,
organizational elements or commodities.
(d) The auditor may extend the debarment decision to include
any affiliates of the vendor by specifically naming the affiliate
and giving the affiliate written notice of the proposed debarment and an opportunity to respond in accordance with the provisions of
this chapter.
(d) The auditor may reduce the period or extent of debarment,
upon the vendor's request supported by documentation, for the
following reasons:
(1) Newly discovered material evidence;
(2) Reversal of the conviction or judgment upon which
debarment was based; or
(3) Elimination of the causes for which the debarment was
imposed.
(e) The auditor may extend the debarment period for an
additional period if the auditor determines that the extension is
necessary to protect the interests of the state.
(f) A debarment under this article may be waived by the
auditor with respect to a particular contract if the auditor
determines the debarment of the vendor would severely disrupt the
operation of a governmental entity to the detriment of the general
public or would not be in the public interest.
CHAPTER 17. ROADS AND HIGHWAYS.
ARTICLE 4. STATE ROAD SYSTEM
§17-4-19. Contracts for construction, materials, etc.; work by
prison labor, etc.; bidding procedure
All work of construction and reconstruction of state roads and bridges, and the furnishing of all materials and supplies therefor,
and for the repair thereof shall be done and furnished pursuant to
contract except that the commissioner shall not be required to
award any contract for work, which can be done advantageously,
economically and practicably by commission forces or prison labor
and by use of state road equipment, or for materials and supplies,
which are manufactured, processed or assembled by the commissioner:
Provided, That the commissioner shall not be required to award any
contract for work, materials or supplies for an amount less than
three thousand dollars. In all such work, the commissioner shall
utilize state road forces or prison labor and state road equipment
and shall manufacture, process and assemble all such materials and
supplies for such work whenever and wherever the commissioner, in
his discretion, finds such work and services advantageous,
economical and practicable in the state road program.
When the commissioner is about to construct, reconstruct, or
improve any road or highway, he shall cause to be filed with the
clerk of the county court, or of the municipality, as the case may
be, in which such road lies, a certified copy of the plans and
specifications therefor, and a notice that the commissioner is
about to enter upon and proceed with the work in question. If the
work is to be done, or the materials therefor are to be furnished
by contract, the commissioner shall thereupon publish the following described advertisement as a Class II legal advertisement in
compliance with the provisions of article three, chapter fifty-nine
of this code, and the publication area for such publication shall
be the county or municipality in which the road lies. Such
advertisement shall also be published at least once in at least one
daily newspaper published in the city of Charleston and in such
other journals or magazines as may to the commissioner seem
advisable. The advertisement shall solicit sealed proposals for the
construction or other improvement of such road, and for the
furnishing of materials therefor, accurately describing the same,
and stating the time and place for opening such proposals and
reserving the right to reject any and all proposals:
Provided,
however, That whenever the estimated amount of any contract for
work or for materials or supplies is less than three thousand
dollars, the commissioner shall not be required to advertise the
letting of said contract in newspapers as above required, but may
award the contract to the lowest responsible bidder, when two or
more sealed proposals or bids have been received by him without
such advertisement, but such contract shall not be so awarded
unless the bid of the successful bidder is three thousand dollars
or less. The commissioner shall have the power to prescribe proper
prequalifications of contractors bidding on state road construction
work. To all sealed proposals there shall be attached the certified check of the bidder or bidder's bond acceptable to the
commissioner, in such amount as the commissioner shall specify in
the advertisement, but not to exceed five percent of the aggregate
amount of the bid; but such amount shall never be less than five
hundred dollars. Such proposals shall be publicly opened and read
at the time and place specified in the advertisement, and the
contract for such work, or for the supplies or materials required
therefor shall, if let, be awarded by the commissioner to the
lowest responsible bidder for the type of construction selected:
Provided, however, That a vendor who has been debarred pursuant to
the provisions of article four-b, chapter twelve of this code may
not be permitted to bid on or be awarded a contract under this
section. In case all bids be rejected, the commissioner may
thereafter do the work with commission forces or with prison labor,
or may readvertise in the same manner as before and let a contract
for such work pursuant thereto.
CHAPTER 18. EDUCATION.
ARTICLE 9D. SCHOOL BUILDING AUTHORITY.
§18-9D-15. Legislative intent; distribution of money.
(a) It is the intent of the Legislature to empower the school
building authority to facilitate and provide state funds and to
administer all federal funds provided for the construction and
major improvement of school facilities so as to meet the educational needs of the people of this state in an efficient and
economical manner. The authority shall make funding determinations
in accordance with the provisions of this article and shall assess
existing school facilities and each facility's school major
improvement plan in relation to the needs of the individual
student, the general school population, the communities served by
the facilities and facility needs statewide.
(b) An amount that is no more than three percent of the sum of
moneys that are determined by the authority to be available for
distribution during the then current fiscal year from: (1) Moneys
paid into the school building capital improvements fund pursuant to
section ten, article nine-a of this chapter; (2) the issuance of
revenue bonds for which moneys in the school building debt service
fund are pledged as security; (3) moneys paid into the school
construction fund pursuant to section six of this article; and (4)
any other moneys received by the authority, except moneys paid into
the school major improvement fund pursuant to section six of this
article, may be allocated and may be expended by the authority for
projects that service the educational community statewide or, upon
application by the state board, for educational programs that are
under the jurisdiction of the state board. In addition, upon
application by the state board or the administrative council of an
area vocational educational center established pursuant to article
two-b of this chapter, the authority may allocate and expend under this section moneys for school major improvement projects proposed
by the state board or an administrative council for school
facilities under the direct supervision of the state board or an
administrative council, respectively:
Provided, That the authority
may not expend any moneys for a school major improvement project
proposed by the state board or the administrative council of an
area vocational educational center unless the state board or an
administrative council has submitted a ten-year school major
improvement plan, to be updated annually, pursuant to section
sixteen of this article:
Provided, however, That the authority
shall, before allocating any moneys to the state board or the
administrative council of an area vocational educational center for
a school improvement project, consider all other funding sources
available for the project.
(c) An amount that is no more than two percent of the moneys
that are determined by the authority to be available for
distribution during the current fiscal year from: (1) Moneys paid
into the school building capital improvements fund pursuant to
section ten, article nine-a of this chapter; (2) the issuance of
revenue bonds for which moneys in the school building debt service
fund are pledged as security; (3) moneys paid into the school
construction fund pursuant to section six of this article; and (4)
any other moneys received by the authority, except moneys deposited into the school major improvement fund, shall be set aside by the
authority as an emergency fund to be distributed in accordance with
the guidelines adopted by the authority.
(d) The remaining moneys determined by the authority to be
available for distribution during the then current fiscal year
from: (1) Moneys paid into the school building capital
improvements fund pursuant to section ten, article nine-a of this
chapter; (2) the issuance of revenue bonds for which moneys in the
school building debt service fund are pledged as security; (3)
moneys paid into the school construction fund pursuant to section
six of this article; and (4) any other moneys received by the
authority, except moneys deposited into the school major
improvement fund, shall be allocated and expended on the basis of
need and efficient use of resources, the basis to be determined by
the authority in accordance with the provisions of section sixteen
of this article.
(e) If a county board of education proposes to finance a
project that is approved pursuant to section sixteen of this
article through a lease with an option to purchase leased premises
upon the expiration of the total lease period pursuant to an
investment contract, the authority may allocate no moneys to the
county board in connection with the project:
Provided, That the
authority may transfer moneys to the state board of education, which, with the authority, shall lend the amount transferred to the
county board to be used only for a one-time payment due at the
beginning of the lease term, made for the purpose of reducing
annual lease payments under the investment contract, subject to the
following conditions:
(1) The loan shall be secured in the manner required by the
authority, in consultation with the state board, and shall be
repaid in a period and bear interest at a rate as determined by the
state board and the authority and shall have such terms and
conditions as are required by the authority, all of which shall be
set forth in a loan agreement among the authority, the state board
and the county board;
(2) The loan agreement shall provide for the state board and
the authority to defer the payment of principal and interest upon
any loan made to the county board during the term of the investment
contract, and annual renewals of the investment contract, among the
state board, the authority, the county board and a lessor:
Provided, That in the event a county board, which has received a
loan from the authority for a one-time payment at the beginning of
the lease term, does not renew the subject lease annually until
performance of the investment contract in its entirety is
completed, the county board is in default and the principal of the
loan, together with all unpaid interest accrued to the date of the default, shall at the option of the authority, in consultation with
the state board, become due and payable immediately or subject to
renegotiation among the state board, the authority and the county
board:
Provided, however, That if a county board renews the lease
annually through the performance of the investment contract in its
entirety, the county board shall exercise its option to purchase
the leased premises:
Provided further, That the failure of the
county board to make a scheduled payment pursuant to the investment
contract constitutes an event of default under the loan agreement:
And provided further, That upon a default by a county board, the
principal of the loan, together with all unpaid interest accrued to
the date of the default, shall at the option of the authority, in
consultation with the state board, become due and payable
immediately or subject to renegotiation among the state board, the
authority and the county board:
And provided further, That if the
loan becomes due and payable immediately, the authority, in
consultation with the state board, shall use all means available
under the loan agreement and law to collect the outstanding
principal balance of the loan, together with all unpaid interest
accrued to the date of payment of the outstanding principal
balance; and
(3) The loan agreement shall provide for the state board and
the authority to forgive all principal and interest of the loan upon the county board purchasing the leased premises pursuant to
the investment contract and performance of the investment contract
in its entirety.
(f) To encourage county boards to proceed promptly with
facilities planning and to prepare for the expenditure of any state
moneys derived from the sources described in this subsection, any
county board failing to expend money within three years of the
allocation to the county board shall forfeit the allocation and
thereafter is ineligible for further allocations pursuant to this
subsection until the county board is ready to expend funds in
accordance with an approved facilities plan:
Provided, That the
authority may authorize an extension beyond the three-year
forfeiture period not to exceed an additional two years. Any
amount forfeited shall be added to the total funds available in the
school construction fund of the authority for future allocation and
distribution.
(g) The remaining moneys that are determined by the authority
to be available for distribution during the then current fiscal
year from moneys paid into the school major improvement fund
pursuant to section six of this article shall be allocated and
distributed on the basis of need and efficient use of resources,
the basis to be determined by the authority in accordance with the
provisions of section sixteen of this article:
Provided, That the moneys may not be distributed to any county board that does not
have an approved school major improvement plan or to any county
board that is not prepared to commence expenditures of the funds
during the fiscal year in which the moneys are distributed:
Provided, however, That any moneys allocated to a county board and
not distributed to that county board shall be deposited in an
account to the credit of that county board, the principal amount to
remain to the credit of and available to the county board for a
period of two years. Any moneys which are unexpended after a two- year period shall be redistributed on the basis of need from the
school major improvement fund in that fiscal year.
(h) No local matching funds may be required under the
provisions of this section. However, the responsibilities of the
county boards of education to maintain school facilities are not
negated by the provisions of this article. To be eligible to
receive an allocation of school major improvement funds from the
authority, a county board must have expended in the previous fiscal
year an amount of county moneys equal to or exceeding the lowest
average amount of money included in the county board's maintenance
budget over any three of the previous five years and must have
budgeted an amount equal to or greater than the average in the
current fiscal year:
Provided, That the state board of education
shall promulgate rules relating to county boards' maintenance budgets, including items which shall be included in the budgets.
(i) Any county board may use moneys provided by the authority
under this article in conjunction with local funds derived from
bonding, special levy or other sources. Distribution to a county
board, or to the state board or the administrative council of an
area vocational educational center pursuant to subsection (b) of
this section, may be in a lump sum or in accordance with a schedule
of payments adopted by the authority pursuant to guidelines adopted
by the authority.
(j) Funds in the school construction fund shall first be
transferred and expended as follows:
Any funds deposited in the school construction fund shall be
expended first in accordance with an appropriation by the
Legislature. To the extent that funds are available in the school
construction fund in excess of that amount appropriated in any
fiscal year, the excess funds may be expended in accordance with
the provisions of this article. Any projects which the authority
identified and announced for funding on or before the first day of
August, one thousand nine hundred ninety-five, or identified and
announced for funding on or before the thirty-first day of
December, one thousand nine hundred ninety-five, shall be funded by
the authority in an amount which is not less than the amount
specified when the project was identified and announced.
(k) It is the intent of the Legislature to encourage county boards to explore and consider arrangements with other counties
that may facilitate the highest and best use of all available
funds, which may result in improved transportation arrangements for
students, or which otherwise may create efficiencies for county
boards and the students. In order to address the intent of the
Legislature contained in this subsection, the authority shall grant
preference to those projects which involve multicounty arrangements
as the authority shall determine reasonable and proper.
(l) County boards shall submit all designs for construction of
new school buildings to the school building authority for review
and approval prior to preparation of final bid documents:
Provided, That a vendor who has been debarred pursuant to the
provisions of article four-b, chapter twelve of this code may not
be permitted to bid on or be awarded a contract under this article.
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 5. HIGHER EDUCATION BUDGETS AND EXPENDITURES.
§18B-5-5. Prequalification disclosure by vendors; register of
vendors; exceptions; suspension of vendors.
(a) Every person, firm or corporation selling or offering to
sell to the governing boards, upon competitive bids or otherwise,
any materials, equipment or supplies in excess of fifteen thousand
dollars shall comply with all of the provisions of section twelve,
article three, chapter five-a of this code and shall file with the director of the purchasing division of the state of West Virginia
the affidavit required herein:
Provided, That every such person,
firm or corporation who is presently in compliance with said
section shall not be required to requalify thereunder to be able to
transact business with the governing boards.
(b) Any person, firm or corporation failing or refusing to
comply with said statute as herein required shall be ineligible to
sell or offer to sell commodities or printing to the governing
boards as hereinafter set forth:
Provided, That any person
suspended under the provisions of section thirty-nine, article
three, chapter five-a of this code shall not be eligible to sell or
offer to sell commodities or printing to the governing boards:
Provided, however, That the governing boards shall have the power
and authority to suspend, for a period not to exceed one year, the
right and privilege of a person to bid on purchases of the
governing boards when there is reason to believe that such person
has violated any of the provisions in sections four through seven
of this article or the rules of the governing boards pursuant
thereto. Every person whose right to bid has been so suspended
shall be notified thereof by a letter posted by registered mail
containing the reason for such suspension and shall have the right
to have the appropriate governing board's action reviewed in
accordance with section forty, article three, chapter five-a of this code:
Provided further, That a vendor who has been debarred
pursuant to the provisions of article four-b, chapter twelve of
this code may not be permitted to bid on or be awarded a contract
under this article.
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(NOTE: The purpose of this bill is to provide procedures and
guidelines concerning the debarment of vendors which contract to
supply goods or services to the state or its subdivisions.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
Article four-b, chapter twelve is new; therefor, strike- throughs and underlining have been omitted.)