West Virginia Code
Article 3. Purchasing Division
§5A-3-10c. Direct Award Procurement


(a) The director may make a direct award of a contract without competitive bidding if:
(1) The spending unit requests a direct award in writing;
(2) The spending unit provides written justification showing that the direct award is in the best interest of the state;
(3) The spending unit provides written confirmation that competition is not available because there is no other source for the commodity or service, or that no other source would be willing or able to replace the existing source without a detrimental effect on the spending unit, the existence of a detrimental effect being determined by the director in his or her sole discretion;
(4) The director publicly advertises a notice of intent to make a direct award without competition in the state’s official bid notification system, as well as any other public advertisement that the director deems appropriate, for no less than 10 business days; and
(5) No other vendor expresses an interest in providing the commodity or service in question.
(b) If a vendor expresses an interest in providing the commodity or service described in the notice of intent to make a direct award, then the spending unit must convert the direct award to a competitive bid, unless the director determines that the interest expressed by a vendor is unreasonable. The competitive bid may, at the discretion of the director, be either a request for quotation or request for proposal.
(c) The notice of intent to make a direct award shall contain the following information:
(1) A description of the commodity or service for which a direct award will be made;
(2) A time period by which delivery must be made or performance must occur;
(3) The price that will be paid for the commodity or service;
(4) Any limitations that a competing vendor would need to satisfy;
(5) An invitation to all vendors interested in providing the commodity or service to make that interest known; and
(6) Contact information for the director or his or her designee, and instructions to submit a statement of interest to the director or his or her designee.
(d) The director may refuse a spending unit’s request to utilize a direct award procurement if the commodities or services have previously been obtained through competitive bidding.
(e) On or before December 1, 2018, and annually thereafter, the director shall report to the Governor and the Joint Committee on Government and Finance on the spending units that have requested a direct award for their commodities or services, the type of commodity or service, and results of the direct award process.

Structure West Virginia Code

West Virginia Code

Chapter 5A. Department of Administration

Article 3. Purchasing Division

§5A-3-1. Division Created; Purpose; Director; Applicability of Article; Continuation

§5A-3-1a. Prescription Drug Products

§5A-3-2. Books and Records of Director

§5A-3-3. Authority of Director of Purchasing

§5A-3-3a. Additional Exemptions From Purchasing Requirements

§5A-3-3b. Exemption of Facilities Providing Direct Patient Care Services That Are Managed, Directed, Controlled and Governed by the Secretary of the Department of Health and Human Resources

§5A-3-3c. Exemptions From Purchasing Requirements for Contracts Entered Into as Part of Recovery From a Declared State of Emergency

§5A-3-4. Rules of Director

§5A-3-5. Purchasing Section Standard Specifications -- Promulgation and Adoption by Director; Applicable to All Purchases

§5A-3-6. Purchasing Section Standard Specifications -- Advisers From Spending Units

§5A-3-7. Director to Advise With Heads of State and Other Institutions Producing Commodities, Services and Printing

§5A-3-8. Facilities of Division Available to Local Governmental Bodies

§5A-3-8a. Facilities of Division Available to Volunteer Fire Departments and Emergency Medical Services

§5A-3-9. Examination and Testing of Purchases; Report Required

§5A-3-9a. Creation of a Fund

§5A-3-10. Competitive Bids; Publication of Solicitations for Sealed Bids; Purchase of Products of Nonprofit Workshops; Employee to Assist in Dealings With Nonprofit Workshops; Continuing Procurements Over $1 Million

§5A-3-10a. Prohibition for Awarding Contracts to Vendors Which Owe a Debt to the State or Its Political Subdivisions

§5A-3-10b. Best Value Procurement

§5A-3-10c. Direct Award Procurement

§5A-3-10d. Reverse Auctions

§5A-3-10e. Prequalification Agreement; Agency-Delegated Bidding

§5A-3-11. Purchasing in Open Market on Competitive Bids; Debarment; Bids to Be Based on Written Specifications; Period for Alteration or Withdrawal of Bids; Awards to Lowest Responsible Bidder; Uniform Bids; Record of Bids; Requirements of Vendors to...

§5A-3-11a. Negotiation When All Bids Exceed Budget in Requisition

§5A-3-11b. Discussion and Final Offers

§5A-3-11c. Multiple Awards

§5A-3-12. Prequalification Disclosure and Payment of Annual Fee by Vendors Required; Form and Contents; Register of Vendors; False Certificates; Penalties

§5A-3-13. Contracts to Be Approved as to Form; Filing

§5A–3-14..

§5A-3-15. Emergency Purchases in Open Market

§5A-3-16. Special Fund; Purposes; How Composed

§5A-3-17. Purchases or Contracts Violating Article Void; Personal Liability

§5A-3-18. Substituting for Commodity Bearing Particular Trade Name or Brand

§5A-3-19. Purchases From Federal Government and Other Sources

§5A-3-20. Spending Units to Submit Lists of Expendable Commodities

§5A-3-28. Financial Interest of Secretary, etc.; Receiving Reward From Interested Party; Penalty; Application of Bribery Statute

§5A-3-29. Penalty for Violation of Article

§5A-3-30. Statement of Purpose; Obtaining Money and Property Under False Pretenses or by Fraud From the State; Penalties; Definition

§5A-3-31. Corrupt Actions, Combinations, Collusions or Conspiracies Prohibited; Penalties

§5A-3-32. Power of Director to Suspend Right to Bid; Notice of Suspension

§5A-3-33. Review of Suspension by Secretary

§5A-3-33b. Scope

§5A-3-33c. Duties

§5A-3-33d. Grounds for Debarment

§5A-3-33e. Debarment Procedure

§5A-3-33f. Effects of Debarment

§5A-3-34. Authority Over Inventories and Property

§5A-3-35. Submission of Annual Inventories

§5A-3-36. Inventory of Removable Property

§5A-3-37. Reciprocal Preference; Preference for Resident Vendors for Certain Contracts

§5A–3-37a..

§5A–3-38..

§5A–3-39..

§5A–3-40..

§5A–3-41..

§5A–3-42..

§5A-3-43. State Agency for Surplus Property Created

§5A-3-44. Authority and Duties of State Agency for Surplus Property

§5A-3-45. Disposition of Surplus State Property; Semiannual Report; Application of Proceeds From Sale

§5A-3-46. Warehousing, Transfer, etc., Charges

§5A-3-47. Department of Agriculture and Other Agencies Exempted

§5A-3-48. Travel Rules; Exceptions

§5A-3-50. Acquiring and Disposing of Vehicles and Aircraft

§5A-3-51. Maintenance and Service to Vehicles and Aircraft

§5A-3-52. Division; Fund

§5A-3-53. Enforcement of Travel Management Regulations

§5A–3-54..

§5A–3-55..

§5A–3-55a..

§5A-3-56. Preference for the Use of Domestic Steel Products in State Contract Projects; Exceptions; Civil Penalties

§5A-3-57. Buy American Task Force; Study; Report

§5A-3-58. Creation of the Purchasing Improvement Fund

§5A-3-59. Small, Women and Minority-Owned Businesses

§5A-3-60. Annual Purchasing Training

§5A-3-61. Standardization

§5A-3-62. Prohibited Contract Clauses