(a) The director may not accept any bid received from any vendor unless the vendor has paid the annual fee specified in 5A-3-4 of this code and has filed with the director a certificate of the vendor or the certificate of a member of the vendors firm or, if the vendor is a corporation, the certificate of an officer, director or managing agent of the corporation, disclosing the following information:
(1) If the vendor is an individual, his or her name and city and state of residence and business address, and, if he or she has associates or partners sharing in his business, their names and city and state of residence and business addresses;
(2) If the vendor is a firm, the name and city and state of residence and business address of the firm;
(3) If the vendor is a corporation created under the laws of this state or authorized to do business in this state, the name and business address of the corporation;
(4) A statement of whether the vendor is acting as agent for some other individual, firm or corporation, and if so, a statement of the principal authorizing the representation shall be attached to the certificate or whether the vendor is doing business as another entity;
(5) The vendors latest Dun & Bradstreet number and rating, if there is any rating as to the vendor; and
(6) The vendors tax identification number.
(b) Whenever a change occurs in the information submitted as required, the change shall be reported immediately in the same manner as required in the original disclosure certificate.
(c) The certificate and information received by the director shall be public record.
(d) The director may waive the above requirements in the case of any corporation listed on any nationally recognized stock exchange and in the case of any vendor who or which is the sole source for the commodity in question.
(e) Any person who submits a false certificate or who knowingly files or causes to be filed with the director, a certificate containing a false statement of a material fact or omitting any material fact, is guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000, and, in the discretion of the court, confined in jail not more than one year. An individual convicted of a misdemeanor under this subsection may never hold an office of honor, trust or profit in this state, or serve as a juror.
Structure 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-3-6. Purchasing Section Standard Specifications -- Advisers From Spending Units
§5A-3-8. Facilities of Division Available to Local Governmental Bodies
§5A-3-9. Examination and Testing of Purchases; Report Required
§5A-3-10b. Best Value Procurement
§5A-3-10c. Direct Award Procurement
§5A-3-10e. Prequalification Agreement; Agency-Delegated Bidding
§5A-3-11a. Negotiation When All Bids Exceed Budget in Requisition
§5A-3-11b. Discussion and Final Offers
§5A-3-13. Contracts to Be Approved as to Form; Filing
§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-3-29. Penalty for Violation of Article
§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-3-33d. 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-3-43. State Agency for Surplus Property Created
§5A-3-44. Authority and Duties of State Agency for Surplus Property
§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-3-53. Enforcement of Travel Management Regulations
§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