purchasing

West Virginia Resident Bidder Preference

Revised March 2, 2015

West Virginia Code, §5A-3-37. For purchase of commodities or printing made on competitive bids, a successful bid shall be determined and accepted as follows:

  • (1) from an individual resident vendor who has resided in West Virginia continuously for the four years immediately preceding the date on which the bid is submitted or from a partnership, association, corporation resident vendor, or from a corporation nonresident vendor which has an affiliate or subsidiary which employs a minimum of one hundred West Virginia residents and which has maintained its headquarters or principal place of business within West Virginia continuously for four years immediately preceding the date on which the bid is submitted, if the vendor's bid does not exceed the lowest qualified bid from a nonresident vendor by more than 2.5% of the latter bid (for purposes of this subdivision, any partnership, association or corporation resident vendor of West Virginia which does not meet the requirements of this subdivision solely because of the continuous four-year residence requirement shall be considered to meet the requirement if at least 80% of the ownership interest of the resident vendor is held by another individual, partnership, association or corporation resident vendor who otherwise meets the requirements of this subdivision, including the continuous four-year residency requirement); or
  • (2) from a resident vendor, if, for purposes of producing or distributing the commodities or completing the project which is the subject of the vendor's bid and continuously over the entire term of the project, on average at least 75% of the vendor's employees are residents of West Virginia who have resided in West Virginia continuously for the two immediately preceding years, and the vendor's bid does not exceed the lowest qualified bid from a nonresident vendor by more than 2.5% of the latter bid; or
  • (3) from a nonresident vendor, which employs a minimum of one hundred West Virginia residents or a nonresident vendor which has an affiliate or subsidiary which maintains its headquarters or principal place of business within West Virginia and which employs a minimum of one hundred West Virginia residents, if, for purposes of producing or distributing the commodities or completing the project which is the subject of the vendor's bid and continuously over the entire term of the project, on average at least 75% of the vendor's employees or the vendor's affiliate's or subsidiary's employees are residents of West Virginia who have resided in West Virginia continuously for the two immediately preceding years and the vendor's bid does not exceed the lowest qualified bid from a nonresident vendor by more than 2.5% of the latter bid; or
  • (4) from a vendor who meets either the requirements of both subdivisions (1) and (2) of this subsection or subdivisions (1) and (3) of this subsection, if the bid does not exceed the lowest qualified bid from a nonresident vendor by more than 5.0% of the latter bid; or
  • (5) from an individual resident vendor who is a veteran of the United States Armed Forces, the Reserves or the National Guard and has resided in West Virginia continuously for the four years immediately preceding the date on which the bid is submitted, if the vendor's bid does not exceed the lowest qualified bid from a nonresident vendor by more than 3.5% of the latter bid; or
  • (6) from a resident vendor who is a veteran of the United States Armed Forces, the Reserves or the National Guard, if, for purposes of producing or distributing the commodities or completing the project which is the subject of the vendor's bid and continuously over the entire term of the project, on average at least 75% of the vendor's employees are residents of West Virginia who have resided in West Virginia continuously for the two immediately preceding years and the vendor's bid does not exceed the lowest qualified bid from a nonresident vendor by more than 3.5% of the latter bid; or
  • (7) notwithstanding any provisions of subdivisions (1), (2), (3), (4), (5) or (6) of this subsection to the contrary, if any nonresident vendor that is bidding on the purchase of commodities or printing by the director or by a state department is also certified as a small, women or minority-owned business pursuant to section fifty-nine [§5A-3-59] of this article, the nonresident vendor shall be provided the same preference made available to any resident vendor under the provisions of this subsection.