WEST VIRGINIA CODE
WVC 5 - 22 A- 11
(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 until expiration of the time
established for making proposals as set forth in the invitation for
(c) The design-builder shall furnish a bid bond not to exceed
five percent of the maximum cost of the design-build contract. In
the event the proposal is accepted and the design-builder fails to
execute the design-build contract, the bid bond will be forfeited.
(d) To the extent required in the invitation for proposal, the
design-builder shall identify each firm to whom the design-builder
proposes to sublet obligations under the design-build contract. At
a minimum, the design-builder shall identify each firm responsible
for the design and primary construction and their affiliation to
(e) The design-builder shall specify in the proposal the cost
of the design-build contract that will not be exceeded if the
proposal is accepted without change. After award of the proposal,
the maximum cost of the proposal may be converted to fixed prices
by negotiated agreement between the agency and the design-builder.
(f) Prior to the award of the design-build contract, all
drawings, specifications and other information submitted in the
proposal shall remain the property of the design-builder submitting
the proposal. Additionally, prior to the award of the design-build
contract, the agency shall maintain the secrecy and confidentiality
of all information contained in the proposal. Once a proposal is
accepted, the disclosure of the proposal and the information in the
proposal, and the ownership of the drawings, specifications and
information therein, shall be determined in accordance with
existing law and the terms of the design-build contract.
(g) Proposals may not be amended during the review process.
(h) At the discretion of the agency, a stipend may be paid to
the design-builders not ultimately selected.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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