West Virginia Purchasing Division, Department of Administration
Resident vendor preference for veterans (Veteran preference under § 5A-3-37). The Purchasing Division makes the determination on whether a vendor preference applies, and must promulgate rules on verifying residency, certifying it at bid time, auditing preference claims, and rejecting non-complying bids. General help is at Purchasing.Help@wv.gov. Vendor registration is through the wvOASIS vendor self-service system, which is also where the Purchasing Bulletin now lives. West Virginia Purchasing Division, Department of Administration →
3.5 percent, claimed in writing
An individual resident vendor who is a veteran wins if the bid does not exceed the lowest qualified nonresident bid by more than three and one-half percent, provided written claim was made when the bid was submitted.
Four years of West Virginia residency
The veteran must have resided in West Virginia continuously for the four years immediately preceding the date the bid is submitted.
No certification, but a penalty for slipping
There is nothing to apply for; however, if an audit finds a vendor stopped meeting the requirements during the contract term, the division may reject the bid or assess a penalty of up to 5 percent of the bid.
The preference
The veteran paragraphs
A successful bid may be accepted from an individual resident vendor who is a veteran of the United States armed forces, the reserves, or the National Guard and has resided in West Virginia continuously for the four years immediately preceding the bid date, if the vendor’s bid does not exceed the lowest qualified bid from a nonresident vendor by more than three and one-half percent and the vendor made written claim for the preference at the time the bid was submitted. A parallel paragraph covers a resident vendor who is a veteran and certifies that, over the entire contract term, on average at least 75 percent of its employees are West Virginia residents who have lived in the state continuously for the two preceding years.
- Both veteran paragraphs are at 3.5 percent, which is higher than the 2.5 percent available under the general resident paragraphs.
- A vendor meeting two of the non-veteran paragraphs can reach 5 percent, so the veteran figure is not the highest preference in the section.
- A nonresident vendor certified as a small, women-, or minority-owned business under § 5A-3-59 must be given the same preference available to a resident vendor under this subdivision.
The scope question, read carefully
Subsection (b) of § 5A-3-37 states that, except as provided in subsection (c), on competitive bids for commodities or printing the only preference given to West Virginia resident vendors is a reciprocal one equal to whatever preference the nonresident’s home state imposes. Subsection (c), which contains all of the percentage preferences including the two veteran paragraphs, is introduced as applying where a purchase of motor vehicles, or construction and maintenance equipment and machinery used in highway and other infrastructure projects, is required to be made upon competitive bids.
- The Purchasing Division’s own Vendor Preference Certificate, Form WV-10, presents all of the percentage preferences including the 3.5 percent veteran preference as applications under § 5A-3-37, and states that the section does not apply to construction contracts.
- Because the form and the statute read differently on scope, confirm with the Purchasing Division before pricing a bid around the preference.
- Any provision of the section is void for a specific project if it would jeopardize the receipt of federal funds.
- Political subdivisions, including county boards of education, may grant the same preferences to a West Virginia vendor who claims in writing at bid time.
Eligibility
Who the state treats as a resident vendor
A vendor is a resident of West Virginia if it is registered under § 11-12-1 et seq. to transact business in the state, maintains its headquarters or principal place of business in the state, has actually paid rather than merely applied to pay the personal property taxes imposed by chapter 11 on equipment used in the regular course of supplying the services or commodities offered, and has actually paid all required business taxes imposed by chapter 11.
- The veteran preference adds the requirement of four years of continuous West Virginia residence for the individual.
- There is no disability rating requirement; service in the armed forces, reserves, or National Guard is the test.
- There is no ownership percentage requirement, because paragraph (E) runs to an individual resident vendor rather than a veteran-owned entity.
- There is no business size limit.
Source: W. Va. Code § 5A-3-37(a)
How to apply
Form WV-10 with the bid, every time
There is no certification. Certification and application for the preference is made on the Vendor Preference Certificate, Form WV-10, submitted at the time of bid. The form lists the 2.5 percent, 5 percent, and 3.5 percent veteran applications and states that the preference is an evaluation method only, applied to the cost bid, with the Purchasing Division making the determination.
- The written claim must accompany the bid; a late claim does not count.
- The form on its face states that § 5A-3-37 does not apply to construction contracts.
- There is no fee and no expiration, because the claim is made per bid.
- If an audit finds a vendor that received a preference stopped meeting the requirements at any time during the contract term, the division may reject the bid or assess a penalty of not more than 5 percent of the bid.
Finding opportunities
wvOASIS and the Purchasing Bulletin
The Purchasing Division publicly advertises all solicitations expected to exceed $50,000, electronically publishes all bids received for them, and maintains vendor reference material through the Vendor Resource Center. Vendors set up a registration profile in the wvOASIS vendor self-service system, where the West Virginia Purchasing Bulletin is now located.
- Hard copies of solicitations can be requested free of charge using the division’s Get RFQ tool.
- The Vendor Procurement Guide and the state agency procedures handbook are published on the division’s site.
- Construction-related purchasing follows separate rules and the preference form says the section does not apply to construction contracts.
Source: West Virginia Purchasing Division Vendor Resource Center
Other
Veterans are not a SWAM category
West Virginia separately certifies small, women-, and minority-owned businesses under § 5A-3-59, and the statute requires that a nonresident vendor holding that certification be given the same preference available to a resident vendor under subsection (c). Veterans are not one of the certified categories, so there is no state veteran business directory to be listed in.
- This means a veteran-owned firm that is also women- or minority-owned may have a second, certifiable route to the same preference.
- Information on vendor registration and SWAM certification is published through the Purchasing Division’s vendor registration pages.
Source: W. Va. Code § 5A-3-37(c)(2)(G)
What gets reported wrongly about West Virginia
- West Virginia is almost always described as giving a flat 3.5 percent veteran bid preference across state commodity purchases. The statute places the percentage preferences in subsection (c), which is framed around purchases of motor vehicles and construction and maintenance equipment and machinery used in highway and other infrastructure projects, while subsection (b) leaves general commodity and printing bids with only a reciprocal preference. The Purchasing Division’s own Form WV-10 reads more broadly. Ask the division which reading governs your solicitation before you rely on it.
- The preference runs to a person, not a company. Paragraph (E) applies to an individual resident vendor who is a veteran. A veteran-owned corporation does not automatically qualify — the other veteran route, paragraph (F), requires a 75 percent West Virginia resident workforce maintained across the whole contract term.
- Four years of continuous West Virginia residency is required, which rules out a veteran who has recently moved to the state.
- There is no West Virginia veteran business certification and no state directory of veteran-owned firms. Anything marketed as West Virginia veteran business certification is likely the separate small, women-, and minority-owned program, which has no veteran category.
- The claim must be made in writing at bid time, every time, and an audit finding that you stopped qualifying mid-contract can cost you a penalty of up to 5 percent of your bid.
Every figure on this page links to the source it came from. Verified October 24, 2026. Procurement rules change — check the source before you rely on a number.
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