§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 […]
§5-22A-14. Withdrawal of Proposals
At the option of the design-builder, proposals may be withdrawn for any reason at any time prior to their opening without forfeiture of the security. Once opened, a proposal may be withdrawn for any reason prior to acceptance with forfeiture of the bid bond.
§5-22A-16. Severability
The provisions of subsection (cc), section ten, article two, chapter two of this code shall apply to the provisions of this chapter to the same extent as if the same were set forth in extension herein.
§5-22-1. Bidding Required; Government Construction Contracts to Go to Lowest Qualified Responsible Bidder; Procedures to Be Followed in Awarding Government Construction Projects; Penalties for Violation of Procedures and Requirements Debarment; Exceptions
(a) This section and the requirements in this section may be referred to as the West Virginia Fairness in Competitive Bidding Act. (b) As used in this section: (1) “Lowest qualified responsible bidder” means the bidder that bids the lowest price and that meets, at a minimum, all the following requirements in connection with the […]
§5-22-1a. Permitting Government Construction Contracts Arising Out of Declared States of Emergency on Open-Ended Quantity or Unit Price Basis; Types of Contracts Allowed for Construction Projects; Specific Location of Construction Project Not Required in Solicitation; Certain Bonds Discretionary; Other Bidding Requirements Applicable
(a) The state, not including its subdivisions, may solicit competitive bids for construction projects arising out of a state of emergency declared pursuant to §15-5-6 of this code, in a manner that is open-ended as to quantity only, or for unit prices on estimated quantities, and may also award contracts to multiple qualified responsible bidders, […]
§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 […]