West Virginia Code
Article 3. Purchasing Division
§5A-3-11b. Discussion and Final Offers

(a) As provided in the bid solicitation, the director may conduct discussions with, and obtain best and final offers from, responsive and responsible bidders who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Bidders must be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there may be no disclosure of any information derived from proposals submitted by competing bidders.
(b) The following contracts are exempt from this section:
(1) Government construction contracts, including, but not limited to, those set forth in article twenty-two, chapter five of this code; and
(2) The purchase of supplies and material.

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