ENROLLED
Senate Bill No. 636
(By Senators Kessler, Snyder, Rowe, Ross, Deem, Oliverio, McKenzie, Smith,
White, Harrison, Minard, Weeks, Hunter and Jenkins)
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[Passed March 8, 2003; in effect from passage.]
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AN ACT to amend and reenact section ten, article three, chapter
five-a of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; and to amend and reenact section six,
article three-a of said chapter, all relating to exemption of
commodities and services offered or produced by nonprofit
workshops from competitive bidding requirement.
Be it enacted by the Legislature of West Virginia:
That section ten, article three, chapter five-a of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted; and that section six, article three-a of
said chapter be amended and reenacted, all to read as follows:
ARTICLE 3. PURCHASING DIVISION.
§5A-3-10. Competitive bids; publication of solicitations for
sealed bids; purchase of products of nonprofit workshops;
employee to assist in dealings with nonprofit workshops.
A purchase of and contract for commodities, printing and services shall be based, whenever possible, on competitive bids.
The director shall solicit sealed bids for the purchase of
commodities and printing which is estimated to exceed ten thousand
dollars. No spending unit shall issue a series of requisitions
which would circumvent this ten thousand-dollar maximum. The
director may permit bids by facsimile transmission machine to be
accepted in lieu of sealed bids:
Provided, That an original bid is
received within two working days following the date specified for
bid opening. Bids shall be obtained by public notice. The notice
may be published by any advertising medium the director deems
advisable. The director may also solicit sealed bids by sending
requests by mail to prospective suppliers and by posting notice on
a bulletin board in his office:
Provided, however, That the
director shall, without competitive bidding, purchase commodities
and services produced and offered for sale by nonprofit workshops,
as defined in section one, article one of this chapter, which are
located in this state:
Provided further, That such commodities and
services shall be of a fair market price and of like quality
comparable to other commodities and services otherwise available as
determined by the director with the advice of the committee on the
purchase of commodities and services from the handicapped.
Toward the end of effecting the making of contracts for
commodities and services of nonprofit workshops, the director shall
employ a person whose responsibilities in addition to other duties shall be to identify all commodities and services available for
purchase from such nonprofit workshops, to evaluate the need of the
state for such commodities and services to coordinate the various
nonprofit workshops in their production efforts and to make
available to such workshops information about available
opportunities within state government for purchase of commodities
or services which might be produced and sold by such workshops.
Funds to employ such a person shall be included annually in the
budget.
ARTICLE 3A. CENTRAL NONPROFIT COORDINATING AGENCY AND COMMITTEE
FOR THE PURCHASE OF COMMODITIES AND SERVICES FROM THE
HANDICAPPED.
§5A-3A-6. Exceptions.
The purchasing unit is exempt from the operation of the
mandatory provisions of section ten, article three of this chapter
when:
(1) The director of purchasing determines that the commodity
or service so produced or provided does not meet the reasonable
requirements of the purchasing unit;
(2) The committee or central nonprofit agency determines that
a nonprofit workshop cannot reasonably provide the commodity or
service;
(3) The purchasing director determines, after considering any
recommendation of the committee or bids which may have been offered, that the commodity or service is not of a fair market
price; or
(4) The purchasing director determines, after consulting with
the committee, that the commodity or service is not of like quality
to other commodities or services available.
No purchasing unit may evade the intent of this section when
required goods or services are reasonably available from nonprofit
workshops:
Provided, That if a purchasing unit is required or may
be required by federal statute or regulations to purchase
commodities or services with competitive bidding, or may otherwise
be disqualified from federal funding or assistance if it fails to
purchase commodities or services with competitive bidding, the
purchasing unit shall not be required to purchase commodities or
services from nonprofit workshops. Such purchasing units not
required to purchase commodities or services from nonprofit
workshops include military installations of the national guard.
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