ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 227
(Senators Craigo and Dittmar, original sponsors)
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[Passed March 11, 1995; in effect ninety days from passage.]
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AN ACT to amend article three, chapter five-a of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated
section thirty-seven-b, relating to prohibiting change
orders in excess of ten percent of the original successful
contract bid for certain state contracts.
Be it enacted by the Legislature of West Virginia:
That article three, chapter five-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
thirty-seven-b, to read as follows:
ARTICLE 3. PURCHASING DIVISION.
§5A-3-37b. Change orders in excess of ten percent of original
contract prohibited.
(a) Notwithstanding any provision of this chapter to the
contrary, and subject to the exceptions set forth in subsection (b) and (c) of this section, no change order executed or
approved by the purchasing division for commodities, business
service contracts or professional services may be made in excess
of ten percent of the original successful contract bid involving
such contracts with the state: Provided, That the provisions of
this article shall not apply to change orders entered into
pursuant to subsection (b) of this section.
(b) In the event there is a need for a change order in
excess of ten percent of the original contract, such change
order shall be negotiated between the two lowest competitive
bidders on a competitive basis.
(c) The provisions of this section shall not apply to
maintenance and construction contracts entered in to by the
division of highways.