§5-22A-5. Duties of board to approve and monitor projects

Published: 2015

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WVC 5 - 22 A- 5

§5-22A-5. Duties of board to approve and monitor projects.

(a) Upon receipt of information that an agency wants to pursue

the design-build method of project delivery, the Board, with the

administrative support of the Secretary of the Department of

Administration, shall notify the agency that failure to comply with

the requirements of this article is a violation of state law. The

Board shall notify the Secretary of the Department of

Administration of any agency knowingly proceeding without meeting

the requirements of this article.

(b) Prior to an agency issuing an invitation for

qualifications for public projects, the Board must determine that

the public project is appropriate as a design-build project in

accordance with all of the following:

(1) The agency has the appropriate legal authority to enter

into a design-build contract;

(2) The agency requires a project design and construction time

line that is faster than the traditional design-bid-build process

would allow;

(3) The project requires close coordination of design and

construction expertise or an extreme amount of coordination;

(4) The agency requires early cost commitments;

(5) The agency provides a written plan for funding the project

including, but not limited to, the funding necessary to pay for

design services and construction costs; and

(6) The agency has completed and submitted a written application for approval to the Board and requested a meeting with

the Board to present its request for approval from the Board.

(c) Upon project approval under subsection (b) of this

section, the agency shall submit to the Board monthly reports

detailing the progress of the approved project. The reports shall

continue until the start of construction to ensure that the agency

has complied with any requirements established by the Board in its

approval of the project. If any requirement is not satisfied, the

Board may withdraw its approval of the project at any time prior to

the start of construction. If the Board withdraws its approval,

the agency may not proceed with the project as a design-build

project until the requirements set forth in the board's approval

and the requirements of this article are met, as determined by the


(d) On or before the first day of January of each year, the

Board shall file an annual report with the Joint Committee on

Government and Finance, and a copy of the report with the

Legislative Librarian, setting forth a description of the projects

approved during the preceding year, including copies of monthly

monitoring reports submitted to the Board pursuant to subsection

(c) of this section.

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.