W. Va. Code R. § 148-11-12

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 148-11-12 - Award of Design Build Contract

12.1. The Agency shall set a date to inform the bidders of their weighted qualitative scores and shall simultaneously notify them of the date to publicly open the cost proposals, which shall be within five (5) working days after the public announcement of the weighted qualitative proposals.

12.2. The Agency shall publicly open and read aloud the sealed cost proposals that met the minimum qualitative proposal score of 70. The lowest cost proposed shall be assigned a score of 100. Other cost scores shall be arrived at by the following formula:

(Lowest Cost Proposed divided by Cost being evaluated) x 100 = Cost Score

12.3. To determine the successful design-build proposal, the total of the weighted qualitative and cost scores shall be added to arrive at a total score.

12.4. The Agency is not required to submit duplicate bids or proposals to the Auditor's office.

12.5. The Agency shall submit to the Design-Build Board the evaluations and scoring of the qualitative proposals for approval of the process within twenty-four (24) hours of the scoring of the qualitative proposals. If the process is approved by the Design-Build Board, the Agency may proceed with the opening of cost proposals. If the process is not approved the Design-Build Board, the Agency may not proceed with the opening of the cost proposals.

12.6. Design-Builder's who have submitted proposals may request copies of the qualitative scores and may submit question and, clarifications, and make comments on the procedures to the Agency and the Design-Build Board for consideration within forty-eight (48) hours of the public announcement of the qualitative scores. The Design-Build Board, at its discretion, may schedule a public meeting within ninety-six (96) hours of the public announcement of the qualitative scores for the discussion of these questions and comments. A decision by the Design-Build Board shall be publicly announced with twenty-four (24) hours of the public meeting, or if no public meeting is held, the announcement shall be within forty-eight (48) hours of the information provided to the Design-Build Board from the Agency.

12.7. Unless all proposals are rejected, the Agency shall approve and award the project to the Design-Builder with the highest total score. The Agency shall notify all parties submitting proposals of the outcome of the scoring process and the Agency's intent to enter into a contract with the successful design-builder. The Agency may reject all proposals.

12.8. The Agency has final authority to approve or reject the recommended award based upon due process, legal, fiduciary, financial or policy considerations, but may not substitute its judgment on the qualitative evaluation for that of the Technical Review Committee.

W. Va. Code R. § 148-11-12