Contracts with Piggyback Provisions
(Optional Contracts)

In addition to our statewide contracts, other contracts exist which contain provisions allowing agencies and political subdivisions to piggyback.  Several of those contracts and the requirements for using them are given below.  The contract information on this site is offered for the convenience of our Internet visitors.  Please note the site is not maintained in real time; therefore, contract activity such as an award, renewal, extension or cancellation may occur before the information is posted.

If a piggyback contract replaces (or substitutes for) a statewide contract, it is considered mandatory for use by state agencies for that particular commodity.  Instead of appearing here, it will be listed in the statewide contracts section of this web site.  

Piggybacking Contracts: West Virginia Code §5A-3-19 states:

“The Purchasing Director may, upon the recommendation of a state spending unit, participate in, sponsor, conduct, or administer a cooperative purchasing agreement or consortium for the purchase of commodities or services with agencies of the federal government, agencies of other states, other public bodies or other state agencies, if available and financially advantageous. At the discretion of the director, bids may be solicited to determine whether participation in such a cooperative purchasing agreement or consortium is financially advantageous. The Department of Administration may approve administrative fees, not to exceed the amount of fifty thousand dollars ($50,000), necessary to participate in a cooperative purchasing agreement. Fees which exceed fifty thousand dollars are subject to the competitive bid requirements of this article.”

Requirements pursuant to Legislative Rule 148 CSR 1:

7.9. Purchases from contracts issued by other public agencies and entities

7.9.1. The Director may approve a request by a spending unit to make a purchase from contracts issued by agencies of the federal government, agencies of other states, other public bodies or other state agencies. The Director may require the use of a contract issued by another public organization or a spending unit to make a purchase from contracts issued by other public agencies and entities.

The Director may participate in cooperative purchases with other public agencies and entities. In all cases, these contracts or cooperative arrangements shall be from valid properly awarded contracts and considered by the Director to be available and financially advantageous and comparable to what can be obtained by competitive bid. The Director shall require spending units to prove that their requests to use such contracts:

(a) Do not conflict with existing State of West Virginia contracts unless the prices on the contracts issued by other public agencies and entities is substantially lower than the state contract based on an equal comparison. No price comparison may be based on differing specifications as determined by the Director;

(b) Will not cause a West Virginia vendor that offers like products and services to lose substantial business, unless the Director determines based on submitted documentation from the spending unit that the difference in price is so great that the State’s best interest is served by using the contracts issued by other public agencies and entities; and

(c) Does not cause extensive hardship to any spending unit offered preference under the West Virginia Code.

7.9.2. All requests to use such contracts shall be submitted in advance to the Director with necessary evidence and documentation. The Director shall approve only those requests submitted with evidence that justifies use of such contracts. Any request that is not supportable shall be returned to the spending unit.

The following guidelines and requirements relate to these types of purchases and must be submitted in writing to the Purchasing Division sufficiently in advance of the proposed purchase:

• A written justification explaining how the use of the contract is financially advantageous and comparable to what has been competitively bid.

• A complete copy of the contract to be used.

• Evidence that the issuing agency and vendor will allow a West Virginia spending unit to use the contract.

• A complete copy of the order to be submitted.

• Proof that use of the contract does not conflict with an existing contract unless prices on the non-West Virginia contract are substantially lower.

• Proof that use of the contract will not cause a hardship on a West Virginia vendor.

• Does not conflict with any spending unit set aside preference.

• The proposed vendor must be properly registered with the Purchasing Division.

• Notice of any fees or terms and conditions that are applicable.

Please note that certain Purchasing Division forms, such as the WV-96 Agreement Addendum, Purchasing Affidavit and Certificate of Non-Conflict, may be applicable.

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Additional Resources:

        Statewide Contracts