Window on State Government Susan Combs, Texas Comptroller
Texas Comptroller of Public Accounts

Revised February 9, 2007

WEST VIRGINIA

West Virginia Resident Bidder Preference

Higher Education: Purchase or acquisition of materials, supplies, equipment, services and printing, W. Va. Code Ann. § 18B-5-4(g). Resident vendor preferences as provided in W. Va. Code Ann. § 5A-3-37 apply to competitive bids made pursuant to this section.

Local Educational Agencies: Resident Vendor Preference, W. Va. Code R. § 126-202, Purchasing Policies & Procedures Manual for Local Educational Agencies, 17.

17.1. Preference for resident vendors in accordance with W. Va. Code Ann. § 5A-3-37.

17.3. Local Educational Agencies (LEAs) may establish by local board policy procedures for granting preference to resident vendors for purchase of commodities and printing. Vendor preference cannot exceed 5% of lowest bid.

Preferences: Commodities and printing, W. Va. Code R. § 110-12C-4.

4.1. 2.5% preference for resident vendor who has resided in West Virginia continuously for 4 years immediately preceding date of bid; 2.5% preference for partnership, association or corporation resident vendor which has maintained its headquarters or principal place of business within West Virginia continuously for 4 years immediately preceding bid

4.3. 5% preference for vendor satisfying subsection 4.1, above, and certifying that on average at least 60% of the bidder’s employees have been residents of West Virginia continuously for 2 years immediately preceding submission of bid.

Preferences: Construction Services, W.Va. Code R. § 110-12C-3.

3.1. 2.5% preference for resident vendor who has resided in West Virginia continuously for 4 years immediately preceding date of bid; 2.5% preference for partnership, association or corporation resident vendor which has maintained its headquarters or principal place of business within West Virginia continuously for 4 years immediately preceding bid

3.3. 5% preference for vendor satisfying subsection 3.1, above, and certifying that on average at least 60% of the employees working on project have been residents of West Virginia continuously for 2 years immediately preceding submission of bid.

Purchasing: Awards—vendor preference, W. Va. Code R. § 148-1-6(6.4.4). Purchases of commodities and printing, with exception of construction services, subject to resident vendor preference in accordance with the rules promulgated by the Secretary of the Department of Tax and Revenue.

Purchasing: Preference for resident vendors, W. Va. Code Ann. § 5A-3-37. For purchase of commodities or printing:

(1) 2.5% preference for resident vendor who has resided in West Virginia continuously for 4 years immediately preceding bid; 2.5% preference for partnership, association or corporation resident vendor which has maintained its headquarters or principal place of business within West Virginia continuously for 4 years immediately preceding bid; 2.5% preference for corporation nonresident vendor which has an affiliate or subsidiary which employs a minimum of 100 state residents and which has maintained its headquarters or principal place of business within West Virginia continuously for 4 years immediately preceding the date of bid.

(2) 2.5% preference for resident vendor if on average at least 75% of employees working on project are residents of West Virginia who have resided in state continuously for 2 years immediately preceding bid.

(3) 2.5% preference for nonresident vendor which has an affiliate or subsidiary which maintains its headquarters or principle place of business within West Virginia and which employs a minimum of 100 state residents if on average at least 75% of employees working on project are residents of West Virginia who have resided in state continuously for 2 years immediately preceding bid.

(4) 5% preference for vendor meeting requirements of subsections (1) and (2) or (1) and (3).

(5) 3.5% preference for resident vendor who is veteran and resided in West Virginia continuously for the 4 years immediately preceding date of bid.

(6) 3.5% preference for resident vendor who is veteran if on average at least 75% of employees working on project are residents of West Virginia who have resided in state continuously for 2 years immediately preceding bid.

West Virginia Reciprocal Preference

Purchasing: Awards—vendor preference, W. Va. Code R. § 148-1-6(6.4.4). Application of reciprocal preference for purchases of commodities and printing made upon competitive bid.

Purchasing: Preference for resident vendors; reciprocal preference, W. Va. Code Ann. § 5A-3-37a. Application of reciprocal preference for purchase of commodities or printing.


Susan Combs
Texas Comptroller of Public Accounts

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