SB 352 — Relating to Division of Corrections and Rehabilitation acquiring and disposing of services, goods, and commodities

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Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Senate Bill 352 Senators Weld and Cline, original sponsors [Passed[Originating Marchin 9,the 2019;Committee on Government Organization;

inReported effecton fromFebruary passage]6, 2019]     ANA ACTBILL to amend and reenact §15A-3-14 of the Code of West Virginia, 1931, as amended;

limiting disclosure under Freedom of Information Act of records obtained in response to solicitations for bids and records relating to solicitations for, or purchases of, items related to safe and secure running of any facility under jurisdiction of commissioner of division;

When the cost under any contract or agreement entered into by the division, other than compensation for personal services, involves an expenditure of $25,000 or more, the division shall make a written contract with the lowest responsive, responsible bidder after public notice is published, whichas noticea shallClass stateII thelegal generaladvertisement characterin ofcompliance thewith work and general character of the materialsprovisions to be furnished, the place where plans and specifications therefor may be examined, and the time and place of receiving§59-3-1 bids.et seq.

of this code, the publication area for the publication to be the county or counties wherein the work is to be performed or which is affected by the contract which notice shall state the general character of the work and general character of the materials to be furnished, the place where plans and specifications therefor may be examined, and the time and place of receiving bids.

The division may also solicit sealed bids by sending requests by mail or electronic transmission to prospective vendors.vendors.  But a contract for lease of a correctional facility is not subject to the foregoing requirements and the division may enter into the contract for lease pursuant to negotiation upon the terms and conditions and for the period as it finds to be reasonable and proper under the circumstances and in the best interests of proper operation or efficient acquisition or construction of the projects.

But a contract for lease of a correctional facility is not subject to the foregoing requirements and the division may enter into the contract for lease pursuant to negotiation upon the terms and conditions and for the period as it finds to be reasonable and proper under the circumstances and in the best interests of proper operation or efficient acquisition or construction of the projects.

A bond with good and sufficient surety, approved by the division, shall may be required of all contractors in an amount equal to at least 50 percent of the contract price, conditioned upon faithful performance of the contract by the division.  The good and sufficient surety may be in the form of a bid bond, performance bond, payment bond, maintenance bond, labor and materials bond, or any other type of surety deemed necessary by the division.

The good and sufficient surety may be in the form of a bid bond, performance bond, payment bond, maintenance bond, labor and materials bond, or any other type of surety deemed necessary by the division.

(e)(e)  The commissioner, or division, shall not award a contract or renew a contract to any vendor or prospective vendor when the vendor or prospective vendor, or a related party to the vendor or prospective vendor, is a debtor and:

(f)(f)  The division has the authority to run criminal background checks, financial background checks, a licensing check, and a credit check, and any vendor, or any and all principals in a company or corporation, must submit to said checks to be eligible to be awarded a contract for the division.division.  The commissioner, or division, shall not award a contract to a vendor if any of the following are present:

The(1)  commissioner,Conviction orof division,an shalloffense notinvolving awardfraud or a contractfelony tooffense ain vendorconnection ifwith anyobtaining ofor theattempting followingto areobtain present:a public contract or subcontract;

(1) Conviction of an offense involving fraud or a felony offense in connection with obtaining or attempting to obtain a public contract or subcontract;

(i)(i)  The division may disqualify a vendor if award to the vendor would jeopardize the safe, secure, and orderly operations of the division.  (j) All bids, contract proposals, or contracts with the state or any of its political subdivisions submitted or approved under the provisions of this code shall include an affidavit that the vendor, prospective vendor, or a related party to the vendor or prospective vendor is not in employer default and does not owe any debt in an amount in excess of $1,000 or, if a debt is owed, that the provisions of subsection (h) of this section apply.

(c) (k) If the division has to make a purchase under emergency conditions, or an emergency situation, which that jeopardizes the safe, secure, and orderly operations of the division, as deemed by the Commissioner commissioner, and approved by the Secretary of the Department of Military Affairs and Public Safety, §15A-3-14(a) and subsection (b) of this section shall not apply.

(d) (l) The commissioner may enter into agreements with medical schools and institutions of higher education in this state to develop standards for appropriate and innovative medical programming and care for inmates:

(m) Notwithstanding any other provision of this code to the contrary, any records obtained in response to solicitations for bids from the division shall not be subject to disclosure pursuant to §29B-1-1 et seq.

of this code, until and unless the time frame for submission of bids has closed:

Provided, That once bids close, the records may be exempt from disclosure pursuant to §29B-1-4 of this code.

Any record relating to any solicitation for, or purchase of, any item related to the safe and secure running of any facility under the jurisdiction of the Commissioner of the Division of Corrections and Rehabilitation is not subject to disclosure pursuant to §29B-1-1 et seq.

of this code.

disposal of surplus     surplus property.       property.

(b)(b)  The commissioner is hereby authorized to dispose of surplus state property owned by the division in the following manner:

  NOTE:

The purpose of this bill is to clarify the purchasing authority for Division of Corrections and Rehabilitation, establish a new fund, and provide guidance in the disposal of surplus property.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.