In order to promote cost effective vehicle and equipment repair work efficiently and effectively and in order to provide for repair work to be done in a safe and timely manner when in-house repair is determined not to be cost effective or practical under the circumstances, the commissioner of highways may establish a cost effective analysis for determining the reasonableness and effectiveness of obtaining repair of vehicles and equipment by certain certified vendors.
The commissioner may issue a commercial work order to certified vendors for repair of vehicles and equipment when the commissioner determines that the repairs would extend the life of the equipment or vehicle a minimum of five years and that the expenditure would be the safest cost effective alternative to purchase of new vehicles and equipment or in-house repair.
Any commercial vendor of vehicle and equipment repair may apply to the commissioner for certification as a certified repair vendor under the provisions of this section. In order to qualify, the vendor must provide proof that it has the trained personnel, the required tools, equipment and facilities to provide the work. The commissioner shall inspect or cause to be inspected the facilities and shall review the qualifications of personnel of vendors applying for certification. If approved by the commissioner, the vendor may be certified as a qualified vendor for the type of repair work the commissioner determines the vendor is qualified to provide.
Prior to issuing a commercial work order with a certified vendor, the commissioner must determine the cost of repair of the vehicle or equipment. If on site inspection is required, the commissioner may issue a work order to provide for the inspection and estimate.
Preference for issuing vehicle and equipment repair work orders shall be given to in-state licensed qualified vendors: Provided, That a vendor which fails to guarantee its work for at least one year, or which fails to guarantee its work for a longer period if the longer period is comparable to that offered by local rebuild or repair shops, or which fails to complete any work order in the time specified within the work order, or which fails to complete any work order to the specifications of the work order, shall be decertified for a period of one year.
Nothing herein requires the commissioner of highways to issue a work order to any particular commercial vendor.
The commissioner of highways shall propose a legislative rule pursuant to article three, chapter twenty-nine-a of this code regarding certification of qualified vendors and awarding work orders. The legislative rule may include provisions for deviations from the standard cost principles in special situations and circumstances.
Structure West Virginia Code
Chapter 17. Roads and Highways
Article 2A. West Virginia Commissioner of Highways
§17-2A-5. Disqualifications of Commissioner and Personnel; Vacation of Position
§17-2A-6. Accounting and Auditing; Financial Reports
§17-2A-6a. Independent Performance Audit of the Division of Highways
§17-2A-6b. Country Roads Accountability and Transparency
§17-2A-8. Powers, Duties, and Responsibilities of Commissioner
§17-2A-8a. Authority to Employ Expert Witnesses in Eminent Domain Proceedings; Compensation
§17-2A-8b. Authority to Provide Emergency Road Service
§17-2A-8c. Use of Public Carriage for Designated Employees
§17-2A-8d. Reimbursement for Volunteer Fire Departments
§17-2A-9. Persons Required to Assist Commissioner
§17-2A-11. Road Maps; Digital Road Map
§17-2A-12. Traffic Control Factors; Parking Regulations
§17-2A-13. Purchase or Acquisition of Materials, Supplies and Equipment
§17-2A-14. Disposition of Surplus, etc., Equipment and Materials; Inventories
§17-2A-15. Other Code Provisions Relating to Purchasing Not Controlling; Exceptions
§17-2A-16. Prequalification Disclosure by Vendors; Register of Vendors
§17-2A-17. Acquisition of Property for State Road Purposes; State Road Purposes Defined
§17-2A-17a. Acquisition of Property for Utility Accommodation Purposes; "Utility" Defined
§17-2A-18. Acquisition of Real Property Not Needed for Road Purposes
§17-2A-19. Sale, Exchange, or Lease of Real Property
§17-2A-19a. Transfer of Airspace; Procedures to Be Followed
§17-2A-21. Commissioner Authorized to Contract for Implementation of Litter Control Programs
§17-2A-22. Administration of Engineering and Design Related Service Contracts
§17-2A-23. Administration of Commercial Vehicle and Equipment Related Work Orders
§17-2A-24. Special Employment Procedures for Division of Highways Personnel