West Virginia Code § 17-4-19

Contracts for construction, materials, etc.; work by prison labor, etc.;
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bidding procedure.
(a) All work of construction and reconstruction of state roads and bridges, and the furnishing
of all materials and supplies therefor, and for the repair thereof shall be done and furnished
pursuant to contract, except that the commissioner may not be required to award any
contract for work which can be done advantageously, economically and praceticably by
commission forces or prison labor and by use of state road equipment, or for materials and
supplies, which are manufactured, processed or assembled by the commrissioner: Provided,
That the commissioner may not be required to award any contract for work, materials or
supplies for an amount less than $3,000. In all the work, the commissioner shall utilize state
road forces or prison labor and state road equipment and shall manufacture, process and
assemble all the materials and supplies for the work whenevter and wherever the
commissioner, in his or her discretion, finds work and services advantageous, economical
and practicable in the state road program.
(b) If the work is to be done, or the materials therefor are to be furnished by contract, the
commissioner shall thereupon publish the follsowing described advertisement as a Class II
legal advertisement, in compliance with the provisions of article three, chapter fifty-nine of
this code, and the publication area for the publication shall be the county or municipality in
which the road lies. g
(c) The advertisement shall alseo be published at least once in at least one daily newspaper
published in the city of Charleston and in other journals or magazines as may to the
commissioner seem advLisable. The advertisement shall solicit sealed proposals for the
construction or other improvement of the road, and for the furnishing of materials therefor,
accurately describing the same, and stating the time and place for opening the proposals
and reserving the right to reject any and all proposals: Provided, That whenever the
estimated amount of any contract for work or for materials or supplies is less than $3,000,
the commissioner may not be required to advertise the letting of the contract in newspapers
as aWbove required, but may award the contract to the lowest responsible bidder, when two or
more sealed proposals or bids have been received by him or her without the advertisement,
but the contract may not be so awarded unless the bid of the successful bidder is $3,000 or
less.
(d) The commissioner shall have the power to prescribe proper prequalifications of
contractors bidding on state road construction work: Provided, That a vendor who has been
debarred pursuant to the provisions of sections thirty-three-a through thirty-three-f, article
three, chapter five-a of this code, may not bid on or be awarded a contract under this
section.
(e) To all sealed proposals there shall be attached the certified check of the bidder or
bidder's bond acceptable to the commissioner, in the amount as the commissioner shall
specify in the advertisement, but not to exceed five percent of the aggregate amount of the
bid; but the amount shall never be less than $5,00. The proposals shall be publicly opened
and read at the time and place specified in the advertisement, and the contract for the work,
or for the supplies or materials required therefor shall, if let, be awarded by the
commissioner to the lowest responsible bidder for the type of construction selected.
(f) In case all bids be rejected, the commissioner may thereafter do the work with
commission forces or with prison labor, or may readvertise in the same manner as before
and let a contract for the work pursuant thereto. e

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