(a) The Legislature of the State of West Virginia hereby declares that the purpose of this statute is to promote equal and fair bidding for the purchase of commodities and services by the state, to eliminate fraud in the procurement of commodities and services by the state.
(b) It is unlawful for any person to obtain any services, money, goods or other property from the state under any contract made under the provisions of this article, by false pretense, token or representation, or by delivery of inferior commodities, with intent to defraud. A person who violates this subsection is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility for not less than one year nor more than five years, and shall be fined not exceeding $10,000.
(c) It shall not be a defense to a charge under this section that: (1) The commodities or services purchased were accepted and used, or are being used, by the state; or (2) the commodities or services are functional or suitable for the purpose for which the commodities or services were purchased by the state notwithstanding the standard or specification issued by the purchasing agency or the division of purchasing.
(d) For the purpose of this section, "inferior commodities" includes, but shall not be limited to: (1) Any commodity which does not meet the specification or standard issued by the purchasing agency and the Division of Purchasing, or any change order approved by both the purchasing agency and Division of Purchasing; and (2) any commodity which is of a lesser quality, quantity or measure of any kind set forth within the specification or standard issued by the purchasing agency and the Division of Purchasing.
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