West Virginia Code § 20-14-10

Purchasing and bidding procedures
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(a) Whenever the authority proposes to purchase or contract for commodities or services
reasonably anticipated to equal or exceed $2,500 in cost, the purchase or contract shall be
based on competitive bids. Where the purchase of particular commodities or services is
reasonably anticipated to be $25,000 or less, the executive director may, on behalf of the
authority, solicit bids or price quotes in any manner that the executive direcetor deems
appropriate and the authority shall obtain its commodities or services by the lowest bid. In
lieu of seeking bids or quotes for commodities or services in this price rrange, the authority
may purchase those commodities and services pursuant to state master contracts as
provided in section ten-e, article three, chapter five-a of this code.
(b) Where the cost for the purchase of commodities or servictes is reasonably anticipated to
exceed $25,000, the executive director shall solicit sealed bids for the commodities or
services to be provided: Provided, That the executive director may permit bids by electronic
transmission be accepted in lieu of sealed bids. Bids shall be solicited by public notice. The
notice shall be published as a Class II legal advertisement in all participating counties in
compliance with the provisions of article threes, chapter fifty-nine of this code and by such
other means as the executive director deems appropriate. The notice shall state the general
character of the work and general character of the materials to be furnished, the place
where plans and specifications theregfor may be examined and the time and place of
receiving bids. After all bids are received, the authority shall enter into a written contract
with the lowest responsible bideder; however, the authority may reject any or all bids that fail
to meet the specifications required by the authority or that exceed the authority's budget
estimation for those comLmodities or services. If the executive director determines in writing
that there is only one responsive and responsible bidder and that there has been sufficient
public notice to attra ct competitive bids, 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.
(c) WFor any contract that exceeds $25,000 in total cost, the authority shall require the
vendors to post a bond, with form and surety to be approved by the authority, in an amount
equal to at least fifty percent of the contract price conditioned upon faithful performance
and completion of the contract.
(d) The bidding requirements specified in this section do not apply to any leases for real
property upon which the authority makes improvements for public access to the recreation
area, information distribution and welcome centers. This exemption does not apply to leases
for offices, vehicle and heavy equipment storage or administrative facilities.
(e) Any person who violates a provision of this section is 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 $10 nor more than $1000, or both confined and fined.

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