§5-22A-11. Proposals


Published: 2015

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WEST VIRGINIA CODE











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WVC 5 - 22 A- 11

§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 until expiration of the time

established for making proposals as set forth in the invitation for

proposals.

(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

the design-builder.

(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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