Bill Text: WV SB474 | 2021 | Regular Session | Introduced
Bill Title: Exempting DOH from Purchasing Division procedures
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2021-03-26 - To House Government Organization [SB474 Detail]
Download: West_Virginia-2021-SB474-Introduced.html
WEST virginia legislature
2021 regular session
Introduced
Senate Bill 474
By Senator Clements
[Introduced February 26,
2021; referred
to the Committee on Transportation and Infrastructure]
A BILL to amend and reenact §17-2A-13 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Highways to utilize its own purchasing and contracting system; mandating compliance with Federal Highway Administration and other requirements; and requiring a procedural rule.
Be it enacted by the Legislature of West Virginia:
ARTICLE 2A. WEST VIRGINIA COMMISSIONER OF HIGHWAYS.
§17-2A-13. Purchase or acquisition of materials, supplies and equipment.
(a) All Notwithstanding the provisions of
§5A-1-1 et seq. of this code, all materials, supplies and equipment
required for the state road program and system shall be purchased and acquired
by the commissioner through the department of purchases, the Division
of Highways’ competitive bid process except as otherwise provided by law.
The director of purchases commissioner shall adopt rules and
regulations, in accordance with §29-3A-1 et seq., governing
and controlling acquisitions and purchases in accordance with accepted business
practices so that no persons shall be precluded from participating and making
sales thereof to the commission commissioner. The commissioner
shall:
(1) establish and prescribe Prescribe
specifications, in all proper cases, for materials, supplies and equipment to
be purchased; shall adopt and prescribe such
(2) Prescribe
purchase order, requisition or other forms as may be required; shall
negotiate
(3) Negotiate for and make purchases and acquisitions in such
quantities, at such times and under contract, in the open market or through
other accepted business methods and practices, as may be practicable in
accordance with general law; shall determine
(4) Determine whether to advertise for bids, to purchase by means
of sealed bids and competitive bidding or to effect advantageous purchases
through other accepted methods and practices; and shall post
(5) Post in a public place in the offices of the commission
and the department of purchases, available commissioner, on the
division’s website, and through the internet bidding site used by the division,
in a manner accessible to the public during all business hours
notices of all acquisitions and purchases to be made, at least two weeks prior
to making such purchases.
(b) All
purchases and acquisitions shall be made in consideration and within limits of
available appropriations and funds and in accordance with applicable provisions
of article two, chapter five-a of this code, relating to expenditure
schedules and quarterly allotments of funds.
The director of purchases shall make available the facilities
and services of his department to the commissioner in the purchase and
acquisition of materials, supplies and equipment and shall cooperate with the
commissioner in all such purchases and acquisitions upon request of the
commissioner. The actual expenses incurred by the director of purchases in all
such cases shall be paid by the commissioner
(c) The commissioner shall propose a procedural rule setting forth the requirements of its purchasing system. The system must meet or exceed the Federal Highway Administration’s requirements, award contracts to lowest bidders unless circumstances justify another bidder, and require fair and equitable administration.
NOTE: The purpose of this bill is to authorize an exemption from the Division of Purchasing for the Division of Highways. Currently, the Highways has contract bidding procedures in place for construction materials and labor but utilizes the Division of Purchasing for everything else. Federal law requires Highways, if federal funds are used, to have a competitive bid process for construction contracts. It is anticipated that a similar electronic bid process would be used for other types of contracts. This will reduce the time it takes to prepare bid specifications and let the bids thereby providing systemic efficiencies and cost reductions.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
