W. Va. Code R. § 164-5-3

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 164-5-3 - Post-Project Evaluation
3.1. Post-Project Evaluation.
3.1.a. In order to establish and maintain a high level of accountability on all SBA-funded projects, the evaluation of the performance of all parties to an SBA project shall be performed by the SBA. The SBA staff shall establish and implement a program that tracks Architect / Engineer, Contractor, and Construction Manager accountability using standard notices and/or reports to be issued by the project's Architect of Record or the Owner. The following standard tasks related to accountability shall be completed at the appropriate time and, among all other required Contract Documents, shall be used in the SBA performance evaluations:
3.1.a.1. Architect/Engineer Evaluation - The SBA staff shall, at the conclusion of the project, perform evaluations of all Architects / Engineers performing work on each SBA project. The Architect/Engineer shall be evaluated based on meeting design timelines, adherence to the project budget, the clarity of the Contract Documents, the issued standard notices of non-conformance or non-compliance issued to the Contractor when necessary, and the overall quality and performance of the Contract Documents.
3.1.a.2. Contractor Evaluation - The SBA staff shall, at the conclusion of the project, perform an evaluation of all Contractors performing work on each SBA project. The Contractor's performance, including the performance of all Subcontractors under the Contractor's surety for a project, shall be evaluated based on specific factors relating to the conformance and compliance of the Contract Documents including, but not limited to, the following:
3.1.a.2.a. Completion within the time specified in the Contract Documents
3.1.a.2.b. Performance of the Work in conformance with the Contract Documents
3.1.a.2.c. Project Closeout in a timely manner in compliance with the Contract Documents
3.1.a.3. Construction Manager Evaluation (Where Applicable) - The SBA Staff shall, at the conclusion of the project perform an evaluation of the Construction Manager performing work on each SBA project. Where applicable, the Construction Manager shall be evaluated based on the management of the project, accuracy of the project budget and schedules, the documented assurances that the Contractor is in compliance with the Contract Documents, and the value the team brings to the project.

W. Va. Code R. § 164-5-3