W. Va. Code R. § 148-11-5

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

Section 148-11-5 - Application Process for Approval of Design-Build Project

5.1. 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.

5.2. Within thirty (30) days of the receipt of an agency's written application, the Board shall meet to render a decision unless a different timetable is agreed to by the Agency. If the Board determines that the Agency has met the criteria enumerated in W.Va. Code § 5-22A-1 et seq. and Legislative Rules 148-CSR-Il, the Board shall approve the project's use of the design-build process to procure construction of the proposed project.

5.3. If upon review of the documents and information submitted by the Agency in support of its request for authorization by use as a design-build contract for a specific construction project, the Board concludes that additional information is required to enable the board to reach a determination whether the Agency has met the criteria enumerated in W.Va. Code § 5-22A-5, the Board may require the Agency to submit such additional information, in such form as the Board may prescribe. In no event shall the request for additional information extend the review period by more than sixty (60) days from the date the receipt of the Agency's original request for review.

5.4. Any project which an agency desires to have constructed using the Design-Build process, regardless of how the project is originally developed or funded, shall obtain approval of the West Virginia Design-Build Board. The requirement includes projects initially funded, in whole or in part, by a private developer that ultimately will be owned by the Agency. Upon receipt of the Board's determination that the Project is appropriate as a Design-Build project, the Agency shall comply with the provisions of this rule.

5.5. Upon project approval by the Board, the Agency shall submit to the Board monthly reports detailing the progress of the approved project. The reports shall continue until the completion of construction to ensure that the Agency has complied with all requirements established by the Board approval of the project.

5.6. If any requirement imposed by the Board 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 Board.

W. Va. Code R. § 148-11-5