(a) Neither the secretary, nor the director nor any employee of the Division of Purchasing, shall be financially interested, or have any beneficial personal interest, directly or indirectly, in the purchase of any commodities, services or printing, nor in any firm, partnership, corporation or association furnishing them. Neither the secretary, nor the director nor any employee of the Division of Purchasing, shall accept or receive directly or indirectly from any person, firm or corporation, known by such secretary, director or employee to be interested in any bid, contract or purchase, by rebate, gift or otherwise, any money or other thing of value whatsoever, or any promise, obligation or contract for future reward or compensation.
(b) A person who violates this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be confined in jail not less than three months nor more than one year, or fined not less than $50 nor more than $1,000, or both, in the discretion of the court: Provided, That any person who violates any of the provisions of the last sentence of the first paragraph of this section under circumstances constituting the crime of bribery under the provisions of section three, article five-a, chapter sixty-one of this code, shall, upon conviction of bribery, be punished as provided in said article five-a.
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