How to sell to West Virginia counties

West Virginia has 55 counties, each governed by an elected county commission. Two state laws set the basic rules. W. Va. Code 7-1-11 covers county purchases of commodities and printing and lets each commission adopt its own bidding procedures. W. Va. Code 5-22-1, the government construction bidding law, covers construction by the state and every political subdivision. Notice periods, quote rules and many details come from each county's own purchasing policy, so read it before you bid.

At a glance

Who buys

The county commission is the purchasing body. W. Va. Code 7-1-11 lets each commission adopt its own rules for competitive bidding. We found no separate state statute that creates a county purchasing agent. In practice, commissions delegate small purchases to staff. Harrison County, for example, lets its County Administrator approve purchases of $5,000 or less between meetings; larger items go to the commission (secondary: Harrison County Purchasing Policy).

Goods and services

Source: W. Va. Code 7-1-11. "Commodities" and "printing" are defined in W. Va. Code 5A-1-1. The statute sets no number of quotes for open market buys. Harrison County prefers three quotes for purchases of $15,000 or less and requires written justification for fewer (secondary: Harrison County Purchasing Policy).

Vendors debarred under state purchasing law (W. Va. Code 5A-3) may not bid on or receive county contracts (W. Va. Code 7-1-11).

Construction and public works

For public works construction projects over $50,000 in total cost, the county must use competitive bids (W. Va. Code 5-22-1). "Construction project" includes roads and highways. The threshold was $25,000 before a recent amendment.

• Bid security. Each bid must include a valid bid bond or other surety approved by the county. The statute sets no percentage (W. Va. Code 5-22-1).
• Award. The contract goes to the lowest qualified responsible bidder. The bid price is the base bid plus any accepted alternates, up to 5 alternates. The county may reject all bids. Bidders in default to the state or a political subdivision are not eligible (W. Va. Code 5-22-1).
• Bonds. The low bidder must furnish a performance and payment bond. No official may require a particular surety or agent (W. Va. Code 5-22-1). On public building and structure contracts, county bodies must also require a payment bond of at least the estimated cost of materials, equipment and labor. The bond is recorded with the county clerk, and the contract is not binding until it is (W. Va. Code 38-2-39).
• Subcontractors. On larger building projects, the apparent low bidder lists subcontractors doing more than $25,000 of work (W. Va. Code 5-22-1).
• Open-ended contracts. Contracts for recurring repair and maintenance are allowed up to $500,000 (W. Va. Code 5-22-1).
• Exceptions. Work by regular full-time employees, emergency repairs, vocational student training projects and volunteer groups (W. Va. Code 5-22-1).

Notice and award

State law sets no advertising rule for county goods purchases; each county adopts its own procedure (W. Va. Code 7-1-11). The number of days between notice and bid opening is not confirmed. Harrison County posts solicitations over $15,000 on its website, with an optional Class I legal ad, and posts construction bids on its website with a Class II legal ad (secondary: Harrison County Purchasing Policy). Award standards for goods are set by county rules. Watch commission agendas, where bids are often opened and awarded.

Prevailing wage

West Virginia has no state prevailing wage law. 2016 HB 4005 repealed W. Va. Code 21-5A-1 through 21-5A-12 (except 21-5A-4) and created no replacement. The U.S. Department of Labor lists the repeal as effective May 2016. Federally funded projects may still require Davis-Bacon wages; check the solicitation.

Getting paid

We found no state prompt payment statute for counties. The state agency prompt-pay section, W. Va. Code 5A-3-54, is listed as repealed. No retainage statute for county construction was confirmed either. Payment timing and any retainage come from the contract, so read those terms before you sign.

Cooperative purchasing and state contracts

The state Purchasing Division "shall make available" its facilities and services to counties and other local bodies, and the local body pays the actual expenses (W. Va. Code 5A-3-8). The state may also join cooperative agreements with other public bodies (W. Va. Code 5A-3-19). Neither section says outright that counties may buy off specific state contracts. In practice, Harrison County staff may buy from completed state, GSA or other government contracts if they document the contract number (secondary: Harrison County Purchasing Policy). See cooperative purchasing.

Preferences and required certifications

• Israel boycott. Political subdivisions are "public entities." Contracts of $100,000 or more with for-profit companies of 10 or more employees must include a certification that the company is not boycotting Israel (W. Va. Code 5A-3-63, effective July 1, 2022).
• Debarment. Debarred vendors may not receive county purchases or construction contracts (W. Va. Code 7-1-11; 5-22-1).
• Resident vendor preference. Whether the state resident and reciprocal preference applies to counties is not confirmed; check the solicitation.
• E-Verify, energy-company boycott and non-collusion rules for counties are not confirmed; check the solicitation.

Architects and engineers

The state architect and engineer law covers counties (W. Va. Code 5G-1-2). It uses qualifications-based selection:

Recent changes

• 2022 (July 1): No-boycott-of-Israel certification required on public contracts of $100,000 or more (W. Va. Code 5A-3-63).
• 2025-2026: The construction bid threshold in W. Va. Code 5-22-1 now reads $50,000, up from $25,000. The section history lists 2025 SB 587 and 2026 SB 757 as the latest amendments; the exact effective date of the increase is not confirmed.

Practical tips for West Virginia

• Ask the county clerk for the commission's purchasing policy. It sets notice, quote and award rules for buys over $15,000.
• Line up your surety early. Construction over $50,000 needs a bid bond, then performance and payment bonds.
• Do not price in state prevailing wage unless the job has federal funds or the solicitation requires it.
• Check West Virginia counties for each county's bid platform, contacts and agendas.