Bill Text: WV HB4573 | 2016 | Regular Session | Introduced
Bill Title: Exempting the Department of Environmental Protection’s construction or reclamation contracts from the review and approval requirements of the Division of Purchasing
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2016-02-16 - To House Government Organization [HB4573 Detail]
Download: West_Virginia-2016-HB4573-Introduced.html
WEST virginia Legislature
2016 regular session
Introduced
House Bill 4573
By Delegates A. Evans, Hamilton, Kelly and Zatezalo, Rowan, Romine
By Request of the Department of Environmental Protection
[Introduced February 16,
2016; Referred
to the Committee on Government Organization then the Judiciary.]
A BILL to amend and reenact §5A-3-3 of the Code of West Virginia, 1931, as amended, relating to exempting the Department of Environmental Protection’s construction or reclamation contracts from the review and approval requirements of the Division of Purchasing.
Be it enacted by the Legislature of West Virginia:
That §5A-3-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3. PURCHASING DIVISION.
§5A-3-3. Powers and duties of Director of Purchasing.
The director, under the
direction and supervision of the secretary, shall be is the
executive officer of the Purchasing Division and shall have has the
power and duty to:
(1) Direct the activities and employees of the Purchasing Division;
(2) Ensure that the
purchase of or contract for commodities and services shall be are
based, whenever possible, on competitive bid;
(3) Purchase or contract for, in the name of the state, the commodities, services and printing required by the spending units of the state government;
(4) Apply and enforce standard specifications established in accordance with section five of this article as hereinafter provided;
(5) Transfer to or between spending units or sell commodities that are surplus, obsolete or unused as hereinafter provided;
(6) Have charge of central
storerooms for the supply of spending units, as the director deems considers
advisable;
(7) Establish and maintain
a laboratory for the testing of commodities and make use of existing facilities
in state institutions for that purpose as hereinafter provided, as the director
deems considers advisable;
(8) Suspend the right and
privilege of a vendor to bid on state purchases when the director has evidence
that such the vendor has violated any of the provisions of the
purchasing law or the rules and regulations of the director;
(9) Examine the provisions
and terms of every contract entered into for and on behalf of the State of West
Virginia that impose any obligation upon the state to pay any sums of money for
commodities or services and approve each such the contract as to
such provisions and terms; and the duty of examination and approval herein set
forth does not supersede the responsibility and duty of the Attorney General to
approve such the contracts as to form: Provided, That the
provisions of this subdivision do not apply in any respect whatever to
construction or repair contracts entered into by the Division of Highways of
the Department of Transportation or to construction or reclamation contracts
entered into by the Department of Environmental Protection: Provided,
however, That the provisions of this subdivision do not apply in any
respect whatever to contracts entered into by the University of West Virginia
Board of Trustees or by the board of Directors of the state College System,
except to the extent that such boards request the facilities and services of
the director under the provisions of this subdivision: Provided further,
That the provisions of this subdivision do not apply to the West Virginia State
Police Forensic Laboratory and the West Virginia Office of Laboratory Services;
(10) Assure that the specifications and descriptions in all solicitations are prepared so as to provide all potential suppliers-vendors who can meet the requirements of the state an opportunity to bid and to assure that the specifications and descriptions do not favor a particular brand or vendor. If the director determines that any such specifications or descriptions as written favor a particular brand or vendor or if it is decided, either before or after the bids are opened, that a commodity or service having different specifications or quality or in different quantity can be bought, the director may rewrite the solicitation and the matter shall be rebid; and
(11) Issue a notice to
cease and desist to a spending unit when the director has credible evidence
that a spending unit has violated competitive bidding or other requirements
established by this article and the rules promulgated hereunder. Failure to
abide by such the notice may result in penalties set forth in
section seventeen of this article.
NOTE: The purpose of this bill is to exempt the Department of Environmental Protection’s construction and reclamation contracts from the requirement of review and approval by the Division of Purchasing.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.