CSSD-0702-TAX2600000005-1 | API Equipment Watch Software

The West Virginia Tax Division has issued a sole source contract for the renewal of EquipmentWatch Software and an accompanying API License, covering a five-year period from July 1, 2026, to June 30, 2031. This non-competitive procurement was justified under West Virginia Code §5A-3-10c due to the proprietary nature of the software, which is essential for accurate property tax assessments of rolling stock and integrated into the state’s IAS World platform. No alternative vendor can replicate the system without causing operational disruption, making transition infeasible. The contract includes annual fixed-price payments for the software and API license, with escalating costs over the term: EquipmentWatch Software ranges from $54,175 in Year 1 to $60,325 in Year 5, while the API License increases from $15,175 to $17,800 over the same period, resulting in a total estimated value of $285,900 for the software alone. The contract is contingent upon FY2027 legislative funding, and if appropriations are not secured by June 30, the agreement becomes void without penalty. The contract overrides all standard vendor terms through the State of West Virginia’s Addendum to Vendor’s Standard Contractual Forms, which nullifies vendor-preferred clauses on liability, payment, termination, confidentiality, assignment, and dispute resolution. The State retains full control over termination rights without compensation, mandates that all legal actions be brought in West Virginia courts, and prohibits confidentiality provisions regarding contract terms, treating them as public records under FOIA. Deliveries are FOB destination to the Tax Division at 1001 Lee Street East, Charleston, WV, and invoicing must occur in arrears except for annual software licenses, which may be paid in advance. The vendor must ensure third-party software integrations do not conflict with state terms and indemnify the State against related claims. No formal evaluation factors or weighting were applied, as the award was not competitive, and formal representations, certifications, or packaging requirements were not specified. The contracting officer representative is Brandon L. Barr, with payment processed through the Tax Division’s designated PO Box, and all amendments require explicit approval from the West Virginia Attorney General’s Office and must follow strict formatting rules using italics and strikethrough.