reglab/housing_qa huggingface dataset:
WV Code § 5A-3-30 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-30. Statement of Purpose; Obtaining Money and Property Under False Pretenses or by Fraud From the State; Penalties; Definition

(a) The Legislature of the State of West Virginia hereby declares that the purpose of this statute is to promote equal and fair bidding for the purchase of commodities and services by the state, to eliminate fraud in the procurement of commodities and services by the state.(b) It is unlawful for any person to obtain any services, money, goods or other property from the state under any contract made under the provisions of this article, by false pretense, token or representation, or by delivery of inferior commodities, with intent to defraud. A person who violates this subsection is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility for not less than one year nor more than five years, and shall be fined not exceeding $10,000.(c) It shall not be a defense to a charge under this section that: (1) The commodities or services purchased were accepted and used, or are being used, by the state; or (2) the commodities or services are functional or suitable for the purpose for which the commodities or services were purchased by the state notwithstanding the standard or specification issued by the purchasing agency or the division of purchasing.(d) For the purpose of this section, "inferior commodities" includes, but shall not be limited to: (1) Any commodity which does not meet the specification or standard issued by the purchasing agency and the Division of Purchasing, or any change order approved by both the purchasing agency and Division of Purchasing; and (2) any commodity which is of a lesser quality, quantity or measure of any kind set forth within the specification or standard issued by the purchasing agency and the Division of Purchasing.
WV Code § 5A-3-31 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-31. Corrupt Actions, Combinations, Collusions or Conspiracies Prohibited; Penalties

(a) It shall be unlawful for any person to corruptly act alone or combine, collude or conspire with one or more other persons with respect to the purchasing or supplying of services, commodities or printing to the state under the provisions of this article if the purpose or effect of such action, combination, collusion or conspiracy is either to: (1) Lessen competition among prospective vendors; or (2) cause the state to pay a higher price for such services, commodities or printing than would be or would have been paid in the absence of such action, combination, collusion or conspiracy; or (3) cause one prospective vendor or vendors to be preferred over one or more other prospective vendor or vendors.(b) Any person who violates any provision of this section is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than one nor more than five years, and be fined not exceeding $10,000.
WV Code § 5A-3-32 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-32. Power of Director to Suspend Right to Bid; Notice of Suspension

The director shall have the power and authority to suspend, for a period not to exceed one year, the right and privilege of a vendor to bid on state purchases when the director has reason to believe that such vendor has violated any of the provisions of the purchasing law or the rules and regulations of the director. Every vendor whose right to bid has been so suspended shall be notified thereof by a letter posted by certified mail containing the reason for such suspension.
WV Code § 5A-3-33 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-33. Review of Suspension by Secretary

Any vendor whose right to bid on state purchases has been suspended by the director under the authority of the preceding section shall have the right to have the director's action reviewed by the secretary, who shall have the power and authority to set aside such suspension.
WV Code § 5A-3-33b (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-33b. Scope

The provisions of sections thirty-three-a through thirty-three-f of 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;(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.
WV Code § 5A-3-33c (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-33c. Duties

The director has primary responsibility for administering the debarment process. The director'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;(c) 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;(d) Investigating complaints about vendors from the officials of the state and its subdivisions responsible for contracting with vendors for supplies and services;(e) Initiating and conducting debarment procedures;(f) Proposing rules for legislative approval, pursuant to the provisions of article three, chapter twenty-nine-a of this code, for the operation of the debarment process described in the provisions of sections thirty-three-a through thirty-three-f of this article.
WV Code § 5A-3-33e (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-33e. Debarment Procedure

(a) The director shall obtain lists of vendors declared ineligible under federal laws and regulation and lists of vendors who are in default on state obligations, and shall initiate debarment proceedings with respect to such vendors, except when good cause is shown which includes evidence that the vendor has become responsible. (1) In the case of federal ineligibility restrictions applicable to state agencies, the director shall also notify the appropriate agencies of any ineligibility determined under federal authority. (2) The director may also initiate debarment proceedings if he or she finds probable cause for debarment for any ground set forth in section thirty-three-d of this article.(3) The director shall initiate debarment proceedings when any state agency requests debarment of a vendor and the director finds that probable cause for debarment exists.(b) The director shall notify the vendor 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; and(5) The potential effect of the proposed debarment. (c) In the event a vendor wishes to contest the debarment decision, the director shall decide the matter in accordance with the provisions of article five, chapter twenty-nine-a of this code.(d) In any debarment decision, the director shall make a specific finding, based on the substantial record, whether the public interest requires that the debarment decision extend to all commodities and services of the vendor, or whether the public interest allows the debarment decision to be limited to specific commodities or services.(e) In any debarment decision, the director shall specify the length of the debarment period. The debarment period must be for the period of time that the director finds necessary and proper to protect the public from an irresponsible vendor.(f) Proof of grounds for debarment must be clear and convincing.
WV Code § 5A-3-34 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-34. Authority Over Inventories and Property

The director shall, under the direction and supervision of the secretary, have full authority over inventories and property.
WV Code § 5A-3-35 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-35. Submission of Annual Inventories

The head of every spending unit of state government shall, on or before July 15, of each year, file with the director an inventory of all real and personal property, and of all equipment, supplies and commodities in its possession as of the close of the last fiscal year, as directed by the director.
WV Code § 5A-3-36 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-36. Inventory of Removable Property

The director has the power and duty to make and keep current an inventory of all removable property belonging to the state. Such inventory shall be kept on file in the office of the director as a public record. The inventory shall disclose the name and address of the vendor, the date of purchase, the price paid for the property therein described and the disposition thereof.
WV Code § 5A–3-37a (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A–3-37a.

Repealed.Acts, 2010 Reg. Sess., Ch. 169.
WV Code § 5A–3-38 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A–3-38.

Repealed.Acts, 2010 Reg. Sess., Ch. 169.
WV Code § 5A–3-39 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A–3-39.

Repealed.Acts, 2010 Reg. Sess., Ch. 169.
WV Code § 5A–3-40 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A–3-40.

Repealed.Acts, 2010 Reg. Sess., Ch. 169.
WV Code § 5A–3-41 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A–3-41.

Repealed.Acts, 2010 Reg. Sess., Ch. 169.
WV Code § 5A–3-42 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A–3-42.

Repealed.Acts, 2010 Reg. Sess., Ch. 169.
WV Code § 5A-3-43 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-43. State Agency for Surplus Property Created

There is hereby established within the Purchasing Division and under the supervision of the director of the Purchasing Division the state agency for surplus property.
WV Code § 5A-3-46 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-46. Warehousing, Transfer, etc., Charges

Any charges made or fees assessed by the state agency for surplus property for the acquisition, warehousing, distribution or transfer of any property acquired by donation from the United States of America for educational purposes or public health purposes, including research, shall be limited to those reasonably related to the costs of care and handling in respect to its acquisition, receipts, warehousing, distribution or transfer by the state agency for surplus property. All charges designated herein shall be used by the state agency for surplus property to defray the general operating expenses of the state agency for surplus property.
WV Code § 5A-3-47 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-47. Department of Agriculture and Other Agencies Exempted

Notwithstanding any provisions or limitations of this article, the state Department of Agriculture and any other state departments or agencies hereafter so designated are authorized and empowered to distribute food, food stamps, surplus commodities and agricultural products under contracts and agreements with the federal government or any of its departments or agencies, and the state Department of Agriculture and any other state departments or agencies hereafter so designated are authorized and empowered to adopt rules and regulations in order to conform with federal requirements and standards for such distribution and also for the proper distribution of such food, food stamps, commodities and agricultural products. To the extent set forth in this section, the provisions of this article shall not apply to the state Department of Agriculture and any other state departments or agencies hereafter so designated for the purposes set forth in this section.
WV Code § 5A-3-48 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-48. Travel Rules; Exceptions

(a) The Secretary of Administration shall promulgate rules, including emergency rules, relating to the ownership, purchase, use, storage, maintenance and repair of all motor vehicles and aircraft owned or possessed by the State of West Virginia or any of its departments, divisions, agencies, bureaus, boards, commissions, offices or authorities.(b) If, in the judgment of the Secretary of Administration, economy or convenience indicate the expediency thereof, the secretary may require all vehicles and the aircraft subject to regulation by this article, or those he or she may designate, to be kept in garages and other places of storage and to be made available in a manner and under the terms necessary for the official use of any departments, institutions, agencies, officers, agents and employees of the state as designated by the secretary in rules promulgated pursuant to this section.(c) The secretary may administer the travel regulations promulgated by the Governor in accordance with section eleven, article three, chapter twelve of this code, unless otherwise determined by the Governor.
WV Code § 5A-3-50 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-50. Acquiring and Disposing of Vehicles and Aircraft

The secretary shall be empowered to purchase new vehicles and aircraft and dispose of old vehicles and aircraft as is practical from time to time.
WV Code § 5A-3-51 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-51. Maintenance and Service to Vehicles and Aircraft

The secretary may utilize any building or land owned by the state, any department, institution or agency thereof, for the storing, garaging, and repairing of such motor vehicles and aircraft. The secretary shall provide for the employment of personnel needed to manage said motor pool and to repair and service such vehicles and aircraft and for the purchase of gasoline, oil, and other supplies for use in connection therewith, and may utilize the facilities, services and employees of any department, institution or agency of the state to effectuate the purposes thereof.
WV Code § 5A-3-52 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-52. Division; Fund

 (a) The secretary may establish an aviation division within the Department of Administration to:(1) Manage all aircraft owned or possessed by the State of West Virginia or any of its departments, divisions, agencies, bureaus, boards, commissions, offices or authorities: Provided, That, such aircraft shall not be used for personal purposes;(2) Administer the rules, including emergency rules, promulgated under the provisions of §5A-3-48 of this code; and(3) Perform any duties relating to aircraft owned or possessed by the State of West Virginia assigned by the secretary, which duties may include those set out in §5A-3-50 through §5A-3-53 of this code. (b) The special revenue account, known as the Aviation Fund, is hereby continued and shall be administered by the director of the division, or in the absence of a director, by the secretary. Expenditures from this fund are authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of §12-3-1 et seq. of this code and upon fulfillment of the provisions of §11B-2-1 et seq. of this code. Any balance remaining in the special revenue account at the end of any state fiscal year does not revert to the General Revenue Fund but remains in the special revenue account and shall be used solely in a manner consistent with this article. All costs and expenses incurred pursuant to §5A-3-52 of this code, including administrative, shall be paid from those funds. Charges for operating, repairing and servicing aircraft made against any institution, agency, or department shall be paid into the Aviation Fund by that institution, department, or agency.
WV Code § 5A-3-53 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-53. Enforcement of Travel Management Regulations

If any state officer, agent or employee fails to comply with any rule or regulation of the secretary made pursuant to section forty-eight of this article, the State Auditor shall, upon order of the secretary, refuse to issue any warrant or warrants on account of expenses incurred, or to be incurred, in the purchase, operation, maintenance, or repairs of any motor vehicle or aircraft now or to be in the possession or under the control of such officer, agent or employee. The secretary may take possession of any state-owned vehicle or aircraft and transfer it to the central motor pool or to make such other disposition thereof as the secretary may direct.
WV Code § 5A–3-54 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A–3-54.

Repealed.Acts, 2010 Reg. Sess., Ch. 169.
WV Code § 5A–3-55 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A–3-55.

Repealed.Acts, 2010 Reg. Sess., Ch. 169.
WV Code § 5A–3-55a (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A–3-55a.

Repealed.Acts, 2010 Reg. Sess., Ch. 169.
WV Code § 5A-3-58 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-58. Creation of the Purchasing Improvement Fund

There is hereby created in the state Treasury a special revenue account to be known as the Purchasing Improvement Fund. The Purchasing Improvement Fund shall receive funds transferred from the Purchasing Card Administration Fund by the Auditor pursuant to section ten-d, article three, chapter twelve of this code and shall be administered by the secretary. Expenditures from the fund shall be for the purposes set forth in this article and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon fulfillment of the provisions of article two, chapter eleven-b of this code: Provided, That for the fiscal year ending June 30, 2008, expenditures are authorized from collections rather than pursuant to appropriation by the Legislature.
WV Code § 5A-3-60 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-60. Annual Purchasing Training

(a) All executive department secretaries, commissioners, deputy commissioners, assistant commissioners, directors, deputy directors, assistant directors, department heads, deputy department heads and assistant department heads are hereby required to take two hours of training on purchasing procedures and purchasing cards annually.(b) The Director of the Purchasing Division and the Auditor shall offer the two-hour training required by this section at least two times per year and shall develop its substance in accordance with the requirements of this article and other relevant provisions of this code. The training shall be recorded by audio and visual means and shall be made available to the individuals listed in subsection (a) of this section in the event they are unable to attend the training in person.(c) All individuals listed in subsection (a) of this section shall certify, in writing and on a form developed by the Director of the Purchasing Division, the date, time, location and manner in which they took the training. Completed forms shall be returned to the director and maintained in his or her office.
WV Code § 5A-3-62 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-62. Prohibited Contract Clauses

(a) Any term or condition in any contract entered into by the state shall be void ab initio to the extent that it requires the state to:(1) Indemnify or hold harmless any entity;(2) Agree to binding arbitration or any other binding extra-judicial dispute resolution process;(3) Limit liability for direct damages for bodily injury, death, or damage to property (tangible or intangible) caused by the negligence or willful misconduct of such person’s employees or agents;(4) Agree to shorten statutes of limitation established by this code;(5) Allow automatic renewal of contracts without express written consent of the state;(6) Agree to payment in advance (unless specifically authorized by statute or the policy of the West Virginia State Auditor);(7) Agree to jurisdiction anywhere other than a court authorized by the West Virginia Legislature to hear the dispute;(8) Be governed by any law other than the laws of the State of West Virginia or required federal law;(9) Pay court costs;(10) Pay taxes;(11) Waive defenses;(12) Permit assignment of contracts without express written consent from the state;(13) Treat information as confidential contrary to the state’s disclosure responsibilities under any applicable bid disclosure laws and the Freedom of Information Act;(14) Agree to unsigned third-party terms and conditions;(15) Limit the state’s ability to cancel a contract for convenience with 30 days’ notice;(16) Give up its ownership rights or interest in any information or data, including confidential information, provided to, or collected by, a vendor on behalf of the state;(17) Maintain any type of insurance; or(18) Permit modification of contract terms without prior approval from the state.(b) No official, employee, agent, or representative of the state has the authority to contravene this section, and no oral or written expression of consent to any term or condition declared void ab initio by this section, or signature on a contract, may be deemed as such. Any contract that contains a term or condition declared void ab initio by this section shall otherwise be enforceable as if it did not contain such term or condition. All contracts entered into by the state, except for contracts with another government, shall be governed by West Virginia law notwithstanding any term or condition to the contrary.