WV96.pdf

This document is an Addendum to Vendor's Standard Contractual Forms issued by the State of West Virginia, effective January 1, 2019. The addendum establishes contractual terms and conditions that take precedence over any conflicting provisions in vendor-supplied forms when incorporated into state contracts. The addendum does not specify particular products, services, project scopes, quantities, response dates, bidder conferences, or contract terms, as it functions as a standardized legal instrument to be applied across multiple state procurement opportunities.

The addendum establishes that the State of West Virginia's terms control in any conflict with vendor forms, requires payment in arrears upon receipt of proper invoices, makes contract performance contingent upon legislative appropriation of funds, and reserves the state's right to terminate with thirty days' written notice. Key provisions address dispute resolution in West Virginia courts, establish West Virginia governing law, delete vendor limitations on liability and risk-shifting provisions, eliminate state obligations for taxes and collection costs, and clarify that the state waives no rights through the agreement. Additional provisions address assignment restrictions, automatic renewal prohibitions, insurance requirements, equipment repossession with notice, FOB destination delivery terms, confidentiality consistent with state public records laws, third-party software compliance, and amendment procedures requiring approval by the West Virginia Attorney General's office.