§5-22A-8. Development of performance criteria

Published: 2015

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WVC 5 - 22 A- 8

§5-22A-8. Development of performance criteria.

(a) Each invitation for proposal must contain performance

criteria prepared by an architect or engineer licensed under the

laws of this state, referred to as the "performance criteria

developer." The agency shall select the performance criteria

developer in accordance with the requirements of article one,

chapter five-g of this code, and shall retain the performance

criteria developer through final completion of the project to

monitor adherence to the performance criteria.

(b) The agency may use its own employees to determine whether

the agency should seek to construct a project using the

design-build method of construction. The agency may use an

employee as its performance criteria developer on projects for

which construction costs are estimated to be one million dollars or


(c) The performance criteria developer and his or her

employer, company, partners, joint venturers, affiliates or

consultants may not submit a proposal to enter into the

design-build contract and may not perform services under the

design-build contract.

(d) The performance criteria developer may delegate the

development of specific aspects of the design criteria to an

architect or engineer licensed by this state and his or her

employer, company, partners, joint venturers, affiliates or other


Note: WV Code updated with legislation passed through the 2015 Regular Session

The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.