§5-22A-12. Acceptance of design-build proposal

Published: 2015

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WVC 5 - 22 A- 12

§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

that the proposal complies with the performance criteria.

(b) In the event the agency receives fewer than three

proposals, the Board shall, in consultation with the Secretary of

the Department of Administration, determine whether the agency may

proceed or shall start the invitations for qualifications process


(c) After receiving the proposals, the technical review

committee shall evaluate and score the technical submissions based

upon the criteria and procedures set forth in the invitation for


(d) The agency shall submit the technical submissions,

including the scores of the technical submissions, to the Board.

The agency shall make the scores of the technical submissions

available for public review.

(e) The Board shall ascertain that the technical submissions

comply with the requirements of this article and shall notify the

agency of its approval. The agency shall open the cost submissions

and accept the proposal that receives the best score, as set forth in the legislative rules promulgated pursuant to section six of

this article.

(f) The agency shall notify the design-builder in writing that

its proposal was accepted. At the same time notice of acceptance

is delivered, the agency shall also inform, in writing, the

design-builders whose proposals were not accepted. When a

design-builder receives notification that its proposal was not

accepted, the design-builder may, within three days after receipt

of such notification, request in writing a copy of the scores and

all other factors used or considered in the selection process.

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.