Senate Bill No. 317
(By Senator Chafin)
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[Introduced February 10, 1995; referred to the Committee
on Finance.]
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A BILL 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 eleven-a, relating to allowing state agencies to purchase commodities outside of any existing statewide contract if the commodity to be purchased can be purchased for less expense from a resident vendor.

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 eleven-a, to read as follows:

ARTICLE 3. PURCHASING DIVISION.

§5A-3-11a. Permitting purchase of commodities, printing or services from resident vendors in spite of existing contracts.

Notwithstanding any provision of law to the contrary, a purchase of or contract for commodities, printing or services may be made by the director or other authorized person in spite of the existence of a contract or purchase order with another vendor to provide such commodities, printing or services, under the following conditions:
(1) The purchase is to be made from a resident vendor who will furnish commodities, printing or services that are equivalent in type, character and quality to those that are offered under the terms of the existing contract, or are equivalent in type and character while being superior in quality to those offered under such contract;
(2) The price of the commodities, printing or services to be purchased from the resident vendor is less than the price for same under the terms of the existing contract: Provided, That such reduced price shall be calculated inclusive with any transportation, delivery or other costs whether or not reflected in the unit or lump sum price of the subject item or items; and
(3) The existence and effect of this provision of law is clearly set forth in the terms of any existing contract effected hereby: Provided, That, upon the effective date of this section, all contracts or purchase orders, in which this state or any of its subdivisions is a party, shall clearly set forth the terms of this section or language of like meaning and effect within the written provisions of such contract or purchase order: Provided, however, That the provisions of this section shall not be waived.

NOTE: The purpose of this bill is to authorize the state or its agencies to purchase goods, services or printing from resident vendors in spite of an existing contract for the same goods, services or printing when the subject item can be purchased at less cost from the resident vendor.

This section is new; therefore, strike-throughs and underscoring have been omitted.