§5-22A-9. Scope of Project
(a) The agency, in consultation with the performance criteria developer, shall determine the scope and level of detail required for the performance criteria. The performance criteria must be detailed enough to permit qualified persons to submit proposals in accordance with the request for proposals, given the nature of the public project and the level of […]
§5-22A-9a. Invitation for Qualifications; Selection of Design-Builders
(a) The agency shall publish an invitation for qualifications which provides, at a minimum: (1) A descriptive narrative of the type, scope and size of the proposed work;
§5-22A-10. Invitation for Proposals
(a) The agency shall prepare an invitation for proposals for the qualified design-builders, which must provide at a minimum: (1) The identity of the agency which will award the design-build contract;
§5-22A-11. Proposals
(a) Proposals shall be submitted in two separate, clearly identified, sealed packages, with the first containing the technical submission and the second containing the cost submission. If the technical submission and cost submission are not submitted in two separate, clearly identified sealed packages, the board shall disqualify the submission. (b) Proposals may not be opened […]
§5-22A-12. Acceptance of Design-Build Proposal
(a) The design-builder shall submit the proposal to the agency as required in the invitation for proposals. Clarifications may be required to ensure conformance of proposals with the performance criteria. In seeking clarifications, the performance criteria developer may not reveal any aspect of any proposal to any other design-builder. The performance criteria developer must certify […]
§5-22A-13. Construction and Final Certification
The performance criteria developer must visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the work completed and to determine in general if the work is being performed in a manner indicating that work, when completed, will be in accordance with the design-build […]
§5-22-2. Designation of Time and Place for Opening of Bids; Right to Reject or Withdraw Bid; Bid Resubmission
(a) The public entity accepting public contract bids shall, in its resolution providing for the contract or purchase and for the advertisement for bids, designate the time and place that the bids will be received and shall at that time and place publicly open the bids and read them aloud. No public entity may accept […]
§5-22-3. Certain Labor Requirements Not to Be Imposed on Contractor or Subcontractor
(a) This section may be known and cited as The Fair and Open Competition in Governmental Construction Act. (b) Legislative findings. — The Legislature finds that to promote and ensure fair competition on governmental, governmental funded or governmental assisted construction projects that open competition in governmental construction contracts is necessary. The Legislature also finds that […]
§5-22A-1. Short Title; Applicability of Article
This article shall be known and may be cited as the "West Virginia Design-Build Procurement Act." The provisions of this article must be used to select design-builders for authorized projects that are constructed and owned, potentially owned, or ultimately owned by any agency.
§5-22A-2. Definitions
For the purpose of this article: (1) "Agency" means all state departments, agencies, authorities, quasi-public corporations and all political subdivisions, including cities, counties, boards of education and public service districts and the individual representatives of the agency appointed to oversee or supervise the project.