reglab/housing_qa huggingface dataset:
WV Code § 5A-3-9 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-9. Examination and Testing of Purchases; Report Required

Within the limit of funds available, the director, or some person appointed by the director, shall determine whether commodities delivered or services performed conform to contractual requirements. Nonconformity shall be reported to the director and chief officer of the spending unit purchasing such commodities or services for remedial action.
WV Code § 5A-3-9a (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-9a. Creation of a Fund

The "Vendor Registration Payment Fund" is hereby redesignated and continued as the "Vendor Fee Fund," and the balance remaining upon the effective date of this section shall remain upon redesignation. Moneys deposited in this fund shall be administered by the Purchasing Division and used for the purposes established in this article. Expenditures 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 the fulfillment of the provisions of article two, chapter eleven-b of this code: Provided, That for the fiscal year beginning July 1, 2006, expenditures are authorized from deposits rather than pursuant to appropriations by the Legislature.Amounts collected which are found from time to time to exceed the funds needed for purposes set forth in this article may be transferred to other accounts or funds and used for other purposes by appropriation of the Legislature.
WV Code § 5A-3-10b (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-10b. Best Value Procurement

(a) The director may utilize best value procurement to enter into a contract when he or she determines in writing that it is advantageous to the state.(b) A solicitation for bids under best value procurement shall be made in the same manner as provided in §5A-3-10 of this code.(c) Best value procurement awards shall be based on criteria set forth in the solicitation and information contained in the proposals submitted in response to the solicitation. Those criteria include, but are not limited to, price and the total cost of acquiring, operating, maintaining, and supporting a commodity or service over its projected lifetime, as well as technical criteria. The technical criteria may include, but are not limited to, the evaluated technical merit of the bidder’s bid or proposal, the bidder’s past performance, the degree to which a proposal exceeds other proposals in technical merit, the utility of any novel or unrequested items in the proposal, and the evaluated probability of performing the requirements stated in the solicitation on time, with high quality, and in a manner that accomplishes the business objectives set forth in the solicitation.(d) The award must be made to the highest scoring responsive and responsible bidder whose bid is determined, in writing, to be most advantageous to the state, taking into consideration all evaluation factors set forth in the best value solicitation.(e) The director may not use best value procurement to enter into government construction contracts, including, but not limited to, those set forth in §5-22-1 et seq. of this code.
WV Code § 5A-3-10c (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-10c. Direct Award Procurement

(a) The director may make a direct award of a contract without competitive bidding if:(1) The spending unit requests a direct award in writing;(2) The spending unit provides written justification showing that the direct award is in the best interest of the state; (3) The spending unit provides written confirmation that competition is not available because there is no other source for the commodity or service, or that no other source would be willing or able to replace the existing source without a detrimental effect on the spending unit, the existence of a detrimental effect being determined by the director in his or her sole discretion;(4) The director publicly advertises a notice of intent to make a direct award without competition in the state’s official bid notification system, as well as any other public advertisement that the director deems appropriate, for no less than 10 business days; and (5) No other vendor expresses an interest in providing the commodity or service in question.(b) If a vendor expresses an interest in providing the commodity or service described in the notice of intent to make a direct award, then the spending unit must convert the direct award to a competitive bid, unless the director determines that the interest expressed by a vendor is unreasonable. The competitive bid may, at the discretion of the director, be either a request for quotation or request for proposal.(c) The notice of intent to make a direct award shall contain the following information:(1) A description of the commodity or service for which a direct award will be made;(2) A time period by which delivery must be made or performance must occur;(3) The price that will be paid for the commodity or service;(4) Any limitations that a competing vendor would need to satisfy;(5) An invitation to all vendors interested in providing the commodity or service to make that interest known; and(6) Contact information for the director or his or her designee, and instructions to submit a statement of interest to the director or his or her designee.(d) The director may refuse a spending unit’s request to utilize a direct award procurement if the commodities or services have previously been obtained through competitive bidding.(e) On or before December 1, 2018, and annually thereafter, the director shall report to the Governor and the Joint Committee on Government and Finance on the spending units that have requested a direct award for their commodities or services, the type of commodity or service, and results of the direct award process.
WV Code § 5A-3-10d (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-10d. Reverse Auctions

(a) Notwithstanding any other provision of this code, the director is hereby authorized to initiate reverse auctions to procure commodities. The director may not use reverse auctions for the procurement of services under any circumstances.(b) Reverse auctions may be utilized if the director determines their use would be fair, economical and in the best interests of the state, and the commodities to be procured:(1) Are subject to low price volatility;(2) Have specifications that are common and not complex;(3) Vary little between suppliers;(4) Are sourced primarily based on price, with limited ancillary considerations;(5) Require little collaboration from suppliers; and(6) Are sold by a large, competitive supply base.(c) For purposes of this section, "reverse auction" means a process by which bidders compete to provide commodities in an open and interactive market, including but not limited to the Internet. Reverse auction bids are opened and made public upon receipt by the director, and then bidders are given the opportunity to submit revised bids until the bidding process is complete. The contract is awarded to the lowest responsible bidder.(d) The director may contract with qualified, industry-recognized third-party vendors to conduct reverse auctions on behalf of the director.(e) The director shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to establish the procedures for conducting reverse auctions. The rules shall include procedures for contracting with qualified, industry-recognized third-party vendors.
WV Code § 5A-3-11a (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-11a. Negotiation When All Bids Exceed Budget in Requisition

(a) Spending units shall include the maximum budgeted amount available for each purchase in a requisition submitted to the Purchasing Division. No person may disclose this maximum budgeted amount to any vendor prior to the award of a contract. If all bids submitted pursuant to a solicitation exceed the funds available for the purchase, then a negotiated award may be made as set forth in this section.(1) If the director determines in writing that there is only one responsive and responsible bidder, he or she may negotiate the price for a noncompetitive award or the specifications for a noncompetitive award based solely on the original purpose of the solicitation.(2) If the Purchasing Division solicits bids with a request for quotation and there is more than one bidder, the director may negotiate with bidders determined in writing to be responsive and responsible, based on criteria contained in the bid invitation: Provided, That the director must negotiate first with the lowest bidder. If the director does not award the bid to the lowest bidder, he or she may close negotiations with that bidder and enter into negotiations with the next lowest bidder, and may continue to do so in like manner with the remaining responsive and responsible bidders. The director may not extend an offer to any bidder that is not first extended to the prior bidders in order of rank.(3) If the Purchasing Division solicits bids utilizing a best value procurement, as set forth in section ten-b of this section, and there is more than one bidder, the director may negotiate with bidders determined in writing to be responsive and responsible, based on criteria contained in the bid invitation: Provided, That the director must negotiate first with the highest scoring bidder. If the director does not award the bid to the highest scoring bidder, he or she may close negotiations with that bidder and enter into negotiations with the next highest scoring bidder, and may continue to do so in like manner with the remaining responsive and responsible bidders. The director may not extend an offer to any bidder that is not first extended to the prior bidders in order of rank.(b) After negotiations occur pursuant to subsection (a) of this section, if the director determines that more than fifteen percent of the value of the bid must be renegotiated by revising the specifications of the original solicitation, only a resolicitation may be initiated or the solicitation may be withdrawn.(c) The director may not renegotiate with any bidder after closing negotiations with that bidder and entering into negotiations with the next bidder.
WV Code § 5A-3-11b (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-11b. Discussion and Final Offers

(a) As provided in the bid solicitation, the director may conduct discussions with, and obtain best and final offers from, responsive and responsible bidders who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Bidders must be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there may be no disclosure of any information derived from proposals submitted by competing bidders.(b) The following contracts are exempt from this section:(1) Government construction contracts, including, but not limited to, those set forth in article twenty-two, chapter five of this code; and(2) The purchase of supplies and material.
WV Code § 5A-3-11c (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-11c. Multiple Awards

The director may elect to award a contract to one or more responsive and responsible bidders if the director determines in writing that a single award to an individual bidder would be insufficient: Provided, That the basis for the selection among multiple contracts at the time of purchase shall be the most practical and economical alternative and shall be in the best interests of the state.
WV Code § 5A-3-12 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-12. Prequalification Disclosure and Payment of Annual Fee by Vendors Required; Form and Contents; Register of Vendors; False Certificates; Penalties

(a) The director may not accept any bid received from any vendor unless the vendor has paid the annual fee specified in section four of this article and has filed with the director a certificate of the vendor or the certificate of a member of the vendor's firm or, if the vendor is a corporation, the certificate of an officer, director or managing agent of the corporation, disclosing the following information:(1) If the vendor is an individual, his or her name and city and state of residence and business address, and, if he or she has associates or partners sharing in his business, their names and city and state of residence and business addresses;(2) If the vendor is a firm, the name and city and state of residence and business address of each member, partner or associate of the firm;(3) If the vendor is a corporation created under the laws of this state or authorized to do business in this state, the name and business address of the corporation; the names and city and state of residence and business addresses of the president, vice president, secretary, treasurer and general manager, if any, of the corporation; and the names and city and state of residence and business addresses of each stockholder of the corporation owning or holding at least ten percent of the capital stock thereof;(4) A statement of whether the vendor is acting as agent for some other individual, firm or corporation, and if so, a statement of the principal authorizing the representation shall be attached to the certificate or whether the vendor is doing business as another entity;(5) The vendor's latest Dun & Bradstreet number and rating, if there is any rating as to the vendor;(6) A list of one or more banking institutions, if such institution is available, to serve as references for the vendor; and(7) The vendor's tax identification number.(b) Whenever a change occurs in the information submitted as required, the change shall be reported immediately in the same manner as required in the original disclosure certificate.(c) The certificate and information received by the director shall be public record.(d) The director may waive the above requirements in the case of any corporation listed on any nationally recognized stock exchange and in the case of any vendor who or which is the sole source for the commodity in question.(e) Any person who submits a false certificate or who knowingly files or causes to be filed with the director, a certificate containing a false statement of a material fact or omitting any material fact, is guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000, and, in the discretion of the court, confined in jail not more than one year. An individual convicted of a misdemeanor under this subsection may never hold an office of honor, trust or profit in this state, or serve as a juror.
WV Code § 5A-3-13 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-13. Contracts to Be Approved as to Form; Filing

Contracts shall be approved as to form by the Attorney General. A contract that requires more than six months for its fulfillment shall be filed with the State Auditor.
WV Code § 5A–3-14 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A–3-14.

Repealed.Acts, 2010 Reg. Sess., Ch 169.
WV Code § 5A-3-15 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-15. Emergency Purchases in Open Market

The director may authorize, in writing, a state spending unit to purchase in the open market, without filing requisition or estimate, specific commodities for immediate delivery to meet bona fide emergencies arising from unforeseen causes, including delays by contractors, delays in transportation and unanticipated volume of work. A report of any such purchase, together with a record of the competitive bids upon which it was based, shall be submitted at once to the director by the head of the state spending unit concerned, together with a full account of the circumstances of the emergency: Provided, That the director may waive the need for the record of competitive bids. Such report shall be entered on a record and shall be open to public inspection.
WV Code § 5A-3-16 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-16. Special Fund; Purposes; How Composed

There is hereby created a special revenue fund to be administered by the director to facilitate the following functions of the director:(1) Purchase commodities in volume and maintain stocks to supply the needs of state spending units; and(2) Performance of mimeographing, photostating, microfilming, multilithing, multigraphing and other work needed by spending units as provided by section twenty-seven of this article.The amount of the fund may be fixed and changed by the Governor upon the recommendation of the secretary. If at the end of each fiscal year the cash balance plus value of commodity inventories on hand exceeds the amount so fixed, the excess in cash shall be transferred by the Governor upon recommendation of the secretary to the General Revenue Fund and become a part of the general revenue of the state. The fund shall be composed of the following:(1) The cash balance and inventories of the fund heretofore established by this section; and(2) Charges made by the director for commodities sold and services rendered to the state spending units as herein described: Provided, That charges shall not exceed total cost to the fund, which total cost shall include storage, supplies, equipment and salaries and wages of employees necessary to supply commodities and services in addition to purchase price of commodities.
WV Code § 5A-3-17 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-17. Purchases or Contracts Violating Article Void; Personal Liability

If a spending unit purchases or contracts for commodities or services contrary to the provisions of this article or the rules and regulations made thereunder, such purchase or contract shall be void and of no effect. The spending officer of such spending unit, or any other individual charged with responsibility for the purchase or contract, shall be personally liable for the costs of such purchase or contract and, if already paid out of state funds, the amount thereof may be recovered in the name of the state in an appropriate action instituted therefor: Provided, That the state establishes by a preponderance of the evidence that the individual acted knowingly and willfully.
WV Code § 5A-3-18 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-18. Substituting for Commodity Bearing Particular Trade Name or Brand

If a spending unit requests the purchase of a commodity bearing a particular trade name or brand, the director may substitute a commodity bearing a different trade name or brand, if the substituted commodity reasonably conforms to the adopted standard specifications and can be obtained at an equal or lower price.
WV Code § 5A-3-19 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-19. Purchases From Federal Government and Other Sources

(a) Notwithstanding any other provision of this article, the director may, upon the recommendation of a state spending unit, participate in, sponsor, conduct, or administer a cooperative purchasing agreement or consortium for the purchase of commodities or services with agencies of the federal government, agencies of other states, other public bodies or other state agencies, if available and financially advantageous. At the discretion of the director, bids may be solicited to determine whether participation in such a cooperative purchasing agreement or consortium is financially advantageous.(b) The Department of Administration may approve administrative fees, not to exceed the amount of $50,000, necessary to participate in a cooperative purchasing agreement. Fees which exceed $50,000 are subject to the competitive bid requirements of this article.
WV Code § 5A-3-20 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-20. Spending Units to Submit Lists of Expendable Commodities

The head of every spending unit shall submit a list of expendable commodities such spending unit has on hand whenever requested to do so by the director.
WV Code § 5A-3-28 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-28. Financial Interest of Secretary, etc.; Receiving Reward From Interested Party; Penalty; Application of Bribery Statute

(a) Neither the secretary, nor the director nor any employee of the Division of Purchasing, shall be financially interested, or have any beneficial personal interest, directly or indirectly, in the purchase of any commodities, services or printing, nor in any firm, partnership, corporation or association furnishing them. Neither the secretary, nor the director nor any employee of the Division of Purchasing, shall accept or receive directly or indirectly from any person, firm or corporation, known by such secretary, director or employee to be interested in any bid, contract or purchase, by rebate, gift or otherwise, any money or other thing of value whatsoever, or any promise, obligation or contract for future reward or compensation.(b) A person who violates this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail not less than three months nor more than one year, or fined not less than $50 nor more than $1,000, or both, in the discretion of the court: Provided, That any person who violates any of the provisions of the last sentence of the first paragraph of this section under circumstances constituting the crime of bribery under the provisions of section three, article five-a, chapter sixty-one of this code, shall, upon conviction of bribery, be punished as provided in said article five-a.
WV Code § 5A-3-29 (2021)
2021 West Virginia Code|Chapter 5A. Department of Administration|Article 3. Purchasing Division|§5A-3-29. Penalty for Violation of Article

Any person who violates a provision of this article, except where another penalty is prescribed, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail not less than ten days nor more than one year, or fined not less than ten nor more than $500, or both, in the discretion of the court.