SB 554 — Exempting purchases made by Auditor and WV Enterprise Resource Planning Board from certain provisions of WV code

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 554 ByBYSENATORWELD Senator[Originating Weldin [Introducedthe FebruaryCommittee 03,on 2023;Government Organization;

referredreported toon theFebruary Committee22, on2023] GovernmentCS Organization]for Intr SB 554 2023R3405S 2023R3354H A BILL to amend and reenact §5A-3-1 of the Code of West Virginia, 1931, as amended,amended; by adding thereto a new section, designated §12-3-21;

to amend said code by adding thereto a new section, designated §12-3-21;

and requiring both the Auditor and Enterprise Resource Planning Board to maintain and adopt internal competitive procurement processes.processes;

and allowing the Auditor and the Enterprise Resource Planning Board to promulgate rules related to the exemption of purchases and the procurement process.

CHAPTER 5A.

DEPARTMENT OF ADMINISTRATION.

PURCHASING DIVISION.

§5A-3-1.

Division created;

purpose;

director;

applicability of article;

continuation.

(a) The Purchasing Division within the Department of Administration is continued.

The underlying purposes and policies of the Purchasing Division are:

(1) To serve as a source of expertise in procurement methods and practices for the various state agencies, and to assist and facilitate state agencies in procurement matters, including for travel services;

(2) To simplify, clarify, and modernize the law governing procurement by this state;

(3) To permit the continued development of procurement policies and practices;

(4) To make as consistent as possible the procurement rules and practices among the various spending units;

(5) To provide for increased public confidence in the procedures followed in public procurement;

(6) To ensure the fair and equitable treatment of all persons who deal with the procurement system of this state;

CS for SB 554 (7) To provide increased economy in procurement activities and to maximize to the fullest extent practicable the purchasing value of public funds;

(8) To foster effective broad-based competition within the free enterprise system;

(9) To provide safeguards for the maintenance of a procurement system of quality and integrity;

and (10) To obtain in a cost-effective and responsive manner the commodities and services required by spending units for those spending units to better serve this state’s businesses and residents.

(b) The provisions of this article apply to all of the spending units of state government, except as otherwise provided by this article or by law.

(c) The provisions of this article do not apply to the judicial branch, the West Virginia State Police, the West Virginia Office of Laboratory Services, the legislative branch, to purchases of stock made by the Alcohol Beverage Control Commissioner, and to purchases of textbooks, instructional materials, digital content resources, instructional technology, hardware, software, telecommunications, and technical services by the State Board of Education for use in and in support of the public schools.

(d) The provisions of this article may not apply to the Auditor’s Office in the purchase of commodities, computer software, computer hardware, or professional and contractual services to perform the duties of the office pursuant to §12-3-21 of this code.

(e) The provisions of this article may not apply to the West Virginia Enterprise Resource Planning Board in the purchase of commodities, computer software, computer hardware, or professional and contractual services to perform the duties of the board and to maintain the Enterprise Resource Planning System pursuant to §12-6D-8 of this code.

(d) ) Notwithstanding any other provisions of this article, commodities and services may be purchased by a spending unit in the open market for immediate delivery in emergencies:

Provided Provided, That the purchase and a description of the circumstances warranting such CS for SB 554 emergency purchase are timely reported by the agency head or other authorized agent of the spending unit under the provisions of § 5A-3-4(a)(2) of this code.

(e) (g) The provisions of this article apply to every expenditure of public funds by a spending unit for commodities and services irrespective of the source of the funds, except as otherwise provided by this article or by law.

CHAPTER 12.

PUBLIC MONEYS AND SECURITIES.

ARTICLE 3.

(a) At the discretion of the Auditor, purchases of commodities, computer software, computer hardware, or professional and contractual services to perform the duties of his or her office may be exempt from the provisions of §5A-3-1 et seq.

Provided, That the Auditor shall maintain an internal competitive procurement process to procure or purchase items under this sectionsection, and such purchases shall be made by competitive bid or award when possible.

(b) The uditor’s Office has the authority to promulgate and implement or otherwise enact any legislative, interpretive, or procedural rules that the Auditor’s Office deems necessary to effectuate the provisions of this section pursuant to §29A-1-1 et seq.

of this code.