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.