General Terms and Conditions for State of West Virginia Contracts

This document is a standardized General Terms and Conditions template for state and local contract opportunities issued by the State of West Virginia Department of Administration, Purchasing Division. The contract establishes the foundational terms governing the relationship between the State of West Virginia (or any of its agencies, commissions, or boards) and vendors providing goods or services. The initial contract term is established as one year upon award, with an effective start date and end date identified on the contract cover page signed by the Purchasing Division Director, Attorney General, and Encumbrance clerk. Renewal is permitted upon mutual written consent of the Agency and Vendor with approval from the Purchasing Division and Attorney General's office, limited to successive one-year periods or multiple renewal periods totaling no more than the specified number of months available, with automatic renewal prohibited. Contract authorization to proceed depends on the contract type selected: vendors may begin performance on the encumbrance date for standard term contracts, but must receive a separate notice to proceed for fixed period contracts or fixed period contracts with renewals.

Vendors are required to maintain Commercial General Liability Insurance in the minimum amount of one million dollars per occurrence and must comply with all applicable federal, state, and local laws, regulations, and ordinances. Pricing is firm for the life of the contract unless otherwise specified, and vendors must extend any publicly advertised sale prices to the State at the lower of the contract price or the advertised price. Payments are made in arrears upon receipt of proper invoicing, except for software maintenance, licenses, or subscriptions which may be paid annually in advance. Vendors must accept payment by electronic funds transfer and state-designated purchasing cards. The State is exempt from federal and state taxes and will not reimburse such taxes. Vendors are prohibited from charging additional fees not expressly provided in the solicitation and included in the unit price or lump sum bid, and contract modifications adding work or changing cost require approval from the Purchasing Division and Attorney General's office prior to implementation. The contract is subject to West Virginia Code provisions regarding void contract clauses, domestic steel product preferences, domestic aluminum and glass preferences for public works projects, and prohibitions against boycotts of Israel during the contract term.