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

(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

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..

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§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

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§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