Purchasing Affidavit - DPS (2).pdf
PDF 124 KB Posted
- Attached to
- Assault Shield
- Solicitation number
- ASSD 0612 SP15270000001 1
- Issued by
- Kanawha County, West Virginia
About this file
This is a Purchasing Affidavit form issued by the State of West Virginia for use in state and local contract opportunities. The affidavit establishes vendor eligibility requirements and compliance standards for all contracts awarded by the state and its political subdivisions.
Vendors must affirm under penalty of law that they are not in default on monetary obligations owed to the state or any political subdivision, including payroll taxes, property taxes, sales and use taxes, fire service fees, and other fines or fees. For construction contracts specifically, vendors cannot have any monetary obligation defaults. For all other contracts, vendors and any related parties cannot owe aggregate debts exceeding one thousand dollars or be in employer default, which includes outstanding workers' compensation liabilities, policy defaults, or failure to maintain mandatory workers' compensation coverage. The affidavit defines "related party" as any individual, corporation, partnership, or business entity connected to the vendor through blood, marriage, ownership, or contract that receives or controls a portion of the contract benefit equaling or exceeding five percent of the total contract amount. An exception applies when a vendor has contested a tax, workers' compensation premium, permit fee, or environmental assessment that has not become final, or when the vendor has entered into and remains compliant with a payment plan or agreement. The vendor's authorized representative must execute the affidavit before a notary public, affirming compliance with all stated requirements under W. Va. Code 5-22-1(i) and Rules 81-18-1 et seq.
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Text version
STATE OF WEST VIRGINIA
PURCHASING AFFIDAVIT
CONSTRUCTION CONTRACTS: Under W. Va. Code § 5-22-1(i), the contracting public entity shall not award a construction contract to any bidder that is known to be in default on any monetary obligation owed to the state or a political subdivision of the state, including, but not limited to, obligations related to payroll taxes, property taxes, sales and use taxes, fire service fees, or other fines or fees.
ALL CONTRACTS: Pursuant to W. Va. Code Rules §81-18-1 et seq., no contract or renewal of any contract may be awarded by the state or any of its political subdivisions to any vendor or prospective vendor when the vendor or prospective vendor or a related party to the vendor or prospective vendor is a debtor and: (1) the debt owed is an amount greater than one thousand dollars in the aggregate; or (2) the debtor is in employer default.
EXCEPTION: The prohibition listed above does not apply where a vendor has contested any tax administered pursuant to chapter eleven of the W. Va. Code, workers’ compensation premium, permit fee or environmental fee or assessment and the matter has not become final or where the vendor has entered into a payment plan or agreement and the vendor is not in default of any of the provisions of such plan or agreement.
DEFINITIONS:
“Debt” means any assessment, premium, penalty, fine, tax or other amount of money owed to the state or any of its political subdivisions because of a judgment, fine, permit violation, license assessment, defaulted workers’ compensation premium, penalty or other assessment presently delinquent or due and required to be paid to the state or any of its political subdivisions, including any interest or additional penalties accrued thereon.
“Employer default” means having an outstanding balance or liability to the old fund or to the uninsured employers' fund or being in policy default, as defined in W. Va. Code § 23-2c-2, failure to maintain mandatory workers' compensation coverage, or failure to fully meet its obligations as a workers' compensation self-insured employer. An employer is not in employer default if it has entered into a repayment agreement with the Insurance Commissioner and remains in compliance with the obligations under the repayment agreement.
“Related party” means a party, whether an individual, corporation, partnership, association, limited liability company or any other form or business association or other entity whatsoever, related to any vendor by blood, marriage, ownership or contract through which the party has a relationship of ownership or other interest with the vendor so that the party will actually or by effect receive or control a portion of the benefit, profit or other consideration from performance of a vendor contract with the party receiving an amount that meets or exceed five percent of the total contract amount.
AFFIRMATION: By signing this form, the vendor’s authorized signer affirms and acknowledges under penalty of law for false swearing (W. Va. Code §61-5-3) that: (1) for construction contracts, the vendor is not in default on any monetary obligation owed to the state or a political subdivision of the state, and (2) for all other contracts, that neither vendor nor any related party owe a debt as defined above and that neither vendor nor any related party are in employer default as defined above, unless the debt or employer default is permitted under the exception above.
WITNESS THE FOLLOWING SIGNATURE:
Vendor’s Name: ___________________________________________________________________________________
Authorized Signature: ______________________________________________ Date: ___________________________
State of _____________________________
County of ______________________, to-wit:
Taken, subscribed, and sworn to before me this ___ day of ____________________________, 20___.
My Commission expires ______________________________, 20___.
AFFIX SEAL HERE NOTARY PUBLIC ____________________________________
Purchasing Affidavit (06/14/2023)
| PURCHASING AFFIDAVIT |
| PURCHASING AFFIDAVIT |
File details come from the government source that posted it. Updated .