West Virginia
West Virginia's state-level cooperative purchasing authority under W. Va. Code §5A-3-19 is explicitly scoped to 'commodities or services' — construction is not named, and §5A-3-3(9) specifically carves out construction and repair contracts entered into by the Division of Highways and reclamation contracts from the Purchasing Director's authority. The Intergovernmental Relations — Contracting and Joint Enterprises chapter (W. Va. Code §§8-23-1 to 8-23-8) provides broader cooperation authority for municipalities, counties, and other public agencies — including for 'public works.'
State Cooperative Purchasing; Intergovernmental Relations — Contracting and Joint Enterprises W. Va. Code §5A-3-19 and §§8-23-1 to 8-23-8
"The 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. Any power or powers, privilege or privileges, authority or undertaking, exercised or capable of exercise, or which may be engaged in, and any public works which may be undertaken, by a public agency acting alone may be exercised, enjoyed, engaged in or undertaken jointly with any other public agency."
— W. Va. Code §5A-3-19 and §§8-23-1 to 8-23-8, State Cooperative Purchasing; Intergovernmental Relations — Contracting and Joint Enterprises
Plain-language summary
West Virginia's framework requires distinguishing state-level procurement authority from local-government intergovernmental cooperation authority. At the state level, W. Va. Code §5A-3 (Purchasing Division) governs state agency procurement. Section 5A-3-1(f) makes the article apply to 'every expenditure of public funds by a spending unit for commodities and services' — confirming the chapter's scope is commodities and services. Section 5A-3-19 (Purchases from federal government and other sources) is the state's cooperative purchasing authority: 'the 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.' Construction is conspicuously absent from §5A-3-19's scope. Section 5A-3-3(9) explicitly excludes 'construction or repair contracts entered into by the Division of Highways of the Department of Transportation' and 'construction or reclamation contracts' from the Purchasing Director's authority. State construction is separately governed by W. Va. Code §5-22-1 (bids for construction contracts by the state and its subdivisions) and Chapter 5G (Procurement of Architect-Engineer Services). For local-government cooperation, W. Va. Code Chapter 8, Article 23 (Intergovernmental Relations — Contracting and Joint Enterprises) provides broader authority. Section 8-23-3 expressly includes 'public works' within the scope of activities that public agencies may undertake jointly: 'Any power or powers, privilege or privileges, authority or undertaking... and any public works which may be undertaken, by a public agency acting alone may be exercised, enjoyed, engaged in or undertaken jointly with any other public agency.' Agreements must be filed with the recorder of any municipality party, the clerk of the county court of any county party, and (when a municipality is involved) the State Tax Commissioner.
Key requirements
- →State cooperative purchasing under §5A-3-19 is scoped to 'commodities or services' — construction is not named.
- →§5A-3-3(9) explicitly excludes from the Purchasing Director's authority: construction or repair contracts entered into by the Division of Highways, and construction or reclamation contracts.
- →§5A-3-19(b): cooperative purchasing administrative fees over $50,000 are subject to the article's competitive bid requirements.
- →State construction contracts are governed separately by W. Va. Code §5-22-1 (bids for construction contracts by the state and its subdivisions).
- →Architect-engineer services are procured under W. Va. Code Chapter 5G.
- →Intergovernmental Relations chapter (W. Va. Code §§8-23-1 to 8-23-8) provides broader local-government cooperation authority, expressly including 'public works.'
- →Under §8-23-3: two or more public agencies (municipalities, counties, other political subdivisions, county boards of education, and similar entities) may enter written agreements for joint or cooperative action — including public works.
- →Section 8-23-4 requires filing of intergovernmental agreements with the appropriate municipal recorder, county court clerk, or other records officer (and State Tax Commissioner when a municipality is a party).
- →Public construction projects must comply with applicable W. Va. competitive bidding, prevailing wage, and bonding statutes regardless of cooperative pathway used.
Construction services
West Virginia operates a structurally split procurement framework: the state cooperative purchasing statute (§5A-3-19) is explicitly scoped to 'commodities or services' and §5A-3-3(9) carves out construction and repair contracts from the Purchasing Director's authority. State construction goes through separate competitive bidding under §5-22-1 and architect-engineer procurement under Chapter 5G. For cooperative construction arrangements, West Virginia public agencies typically rely on the broader Intergovernmental Relations chapter (Chapter 8, Article 23), which §8-23-3 explicitly extends to 'public works.' This is the workable pathway for cooperative construction arrangements in West Virginia, but it's primarily a local-government framework — counties, municipalities, and county boards of education entering written intergovernmental agreements with each other or with similar public agencies. National cooperatives like OMNIA Partners and Region 14 ESC Texas can potentially be utilized by West Virginia local governments through Chapter 8 Article 23 intergovernmental agreement structures, but participating West Virginia entities should engage counsel to verify the specific arrangement satisfies both Chapter 8 Article 23's framework AND West Virginia's construction-specific competitive bidding statutes including §5-22 and applicable prevailing wage requirements.
How West Virginia agencies access our contracts.
LNC holds multiple cooperative purchasing contracts through OMNIA Partners and Region 14 ESC Texas, all of which are available to public agencies in West Virginia under W. Va. Code §5A-3-19 and §§8-23-1 to 8-23-8.
Your agency can use our contracts to procure construction services through certified Affiliate Vendors. Every Affiliate proposal is audited and certified by LNC before reaching you.
Talk to LNC About Your Project →This summary is provided for general informational purposes only and is not legal advice. West Virginia's procurement code may have been amended since this content was prepared. Confirm the current text of W. Va. Code §5A-3-19 and §§8-23-1 to 8-23-8 and consult your jurisdiction's legal counsel before relying on this authority for a specific procurement.