General Terms and Conditions for West Virginia State Contracts

This document establishes the general terms and conditions governing contracts between the State of West Virginia and vendors for goods and services. The State of West Virginia Department of Administration, Purchasing Division administers these contracts, which become effective upon issuance of an Award Document signed by the Purchasing Division Director and approved by the Attorney General's office. The contract structure accommodates multiple procurement categories, including term contracts with initial periods of one year, renewable upon mutual written consent with approval from the Purchasing Division and Attorney General's office (form approval only). Renewal is limited to three successive one-year periods, with automatic renewal prohibited. Quantities under open-end contracts are approximations based on agency estimates, and the contract covers actual quantities ordered during the term, whether more or less than estimated. Contracts may alternatively be structured as fixed-period contracts, one-time purchases, or construction/project oversight arrangements, each with distinct performance timelines and renewal parameters.

Pricing established at contract execution remains firm throughout the contract life unless otherwise specified, with vendors required to extend any publicly advertised sale prices to the State at the lower of the contract price or advertised price. Payments are made in arrears upon receipt of proper invoices, except for software maintenance, licenses, or subscriptions which may be paid annually in advance. The vendor must accept electronic funds transfer and P-Card payment methods. The State is exempt from federal and state taxes and will not reimburse such taxes. Vendors must maintain specified insurance coverage, including Commercial General Liability of $1,000,000 and Automobile Liability of $100,000 per occurrence, with proof provided prior to contract award and maintained throughout the contract term. Additional requirements include HVAC licensing, workers' compensation insurance compliance, and adherence to all federal, state, and local laws. The contract is governed by West Virginia law, and vendors must comply with licensing requirements, conflict-of-interest provisions, and prohibitions against Israel boycotts. Construction contracts impose additional requirements including contractor licensing, bid bonds of five percent, performance bonds of 100 percent, labor/material payment bonds of 100 percent, maintenance bonds for roofing work, drug-free workplace affidavits and certifications, domestic steel/aluminum/glass preferences, local labor market hiring of 75 percent, Davis-Bacon wage compliance where applicable, and submission of subcontractor lists for work exceeding $25,000.