W. Va. Code R. § 148-10-4

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 148-10-4 - Preference

4.1. All contracts or subcontracts entered into by a spending unit for the construction, reconstruction, alteration, repair, improvement or maintenance of public works or for the purchase of any item of machinery or equipment to be used at sites of public works shall require aluminum, glass or steel products supplied in the performance of the contract or subcontract be domestic aluminum, glass or steel products, unless, after receipt of the bids or offers, the spending officer determines in writing that:

a. the cost of domestic aluminum, glass or steel products is unreasonable or inconsistent with the best interest of the State of West Virginia, or

b. there is not sufficient quantities of domestic aluminum, glass or steel readily available to meet the contract requirements, or

c. the available domestic aluminum, glass or steel do not meet the contract specifications.

4.2. Preference under this rule may be granted on a single contract or a single public works contract and may be granted on multiple contracts or multiple public works contracts, nor any combination thereof.

4.3. Preference shall be applied to an item of machinery or equipment when the item is a single unit of equipment or machinery manufactured primarily of aluminum, glass or steel, is part of a public works contract and has the sole purpose or of being a permanent part of a single public works project. This rule does not apply to equipment or machinery purchased by a spending unit for use by that spending unit and not as part of a single public works project.

W. Va. Code R. § 148-10-4