West Virginia Code § 5A-3-3c

Exemptions from purchasing requirements for contracts entered into as
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part of recovery from a declared state of emergency.
(a) The provisions of this article do not apply to contracts entered into during a state of
emergency declared by the Governor pursuant to §15-5-6 of this code, so long as the
contract is directly and solely related to the recovery from the declared state of emergency.
(b) The provisions of this article do not apply to the renewal of a contract entered into during
a state of emergency declared pursuant to §15-5-6 of this code, if the contract is directly and
solely related to the recovery from the declared state of emergency during which the
contract was initially entered. For purposes of this subsection, reucovery does not include
permanent reconstruction after the initial state of emergency has ended.
(c) The provisions of this article do not apply to the purchase of goods or services from the
federal government, or an agency thereof, if the purchase of those goods and services is
directly and solely related to the recovery from a state of emergency declared pursuant to
§15-5-6 of this code. l
(d) At the discretion of the Chief Information Officer, the provisions of this article may not
apply to the purchase, procurement, or imiplementation of information technology in
response to a qualified cyber securitgy incident, as defined by §5A-6C-3 of this code: Provided,
That the information technology is imminently necessary to protect the state's infrastructure
or data.
(e) To qualify for the exemption contained in this section, the Director of the Division of
Homeland Security and Emergency Management must certify that the contract or purchase
is directly and solely related to the recovery from a declared state of emergency and attach a
copy of the proclamation issued by the Governor's office to the certification. Such
certifications shall be maintained by the Division of Homeland Security and Emergency
Management until the contracts or purchase agreements have been fully executed.
(f) For purposes of this section, "directly and solely related" means that the goods or services
being purchased or contracted for will be used for recovery from the state of emergency only
and will not be used for any other purpose.

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