Current through Register Vol. XLI, No. 38, September 20, 2024
To receive preference within the meaning of these
regulations, a bidder must give written consent to the Department of Tax and
Revenue authorizing disclosure to the Director of appropriate information which
will verify that the bidder has paid the required business taxes;
Provided, that such information shall not contain the amounts of
taxes paid nor any other information deemed by the Tax Commissioner to be
confidential. At the time the qualified bid is submitted, the bidder must
certify, on the form provided, compliance with the requirements specified in
Section 3 or Section 4 of these regulations.
5.1. To meet the four (4) year continuous
residency requirement, the required certification shall state:
5.1.1. If an individual vendor, that the
vendor is a resident vendor and has resided continuously in West Virginia for
the four (4) years immediately preceding the date of certification.
5.1.2. If a partnership, association or
corporation, that:
5.1.2.1. The vendor is a
resident vendor and has maintained its headquarters or principal place of
business continuously in West Virginia for the four (4) years immediately
preceding the date of certification; or
5.1.2.2. That eighty percent (80%) of the
ownership interest of vendor is held by another individual, partnership,
association or corporation resident vendor which has maintained its
headquarters or principal place of business continuously in West Virginia for
the four (4) years immediately preceding the date of certification. For the
purpose of determining the eighty percent (80%) ownership interest, only actual
ownership by one entity, not joint ventures, shall be acceptable. For the
purpose of meeting the four (4) year residency requirement or the eighty
percent (80%) ownership interest requirement as either pertains to a joint
venture, each party to a joint venture must meet the appropriate
requirement.
5.2. To meet the sixty percent (60%)
requirement, the certification shall state:
5.2.1. On an average, sixty percent (60%) of
the employees working on the project being bid will be persons who have been
residents of West Virginia continuously for the two (2) years immediately
preceding submission of the bid; and
5.2.2. Sufficient records will be maintained
by the bidder to verify that the average percentage of employees continuously
residing in West Virginia, including the employees of any subcontractors, is
sixty percent (60%) or more.
