Current through Register Vol. XLI, No. 50, December 13, 2024
Section 60-13-2 - Definitions2.1. "Department" means the West Virginia Department of Environmental Protection created and established under W. Va. Code § 22-1-1et seq.2.2. "Engineering/design services" are those professional services within the scope of the practice of engineering.2.3. "Best Value" same as Value-based; see below.2.4. "Business" means any corporation, partnership, individual sole proprietorship, joint stock company, joint venture, or any other private legal entity.2.5. "Change order" means a written order signed by the procurement officer, directing the contractor to suspend work or make changes, which the appropriate clauses of the contract alteration in specification, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract.2.6. "Construction" means the process of building, renovating, altering, improving, or repairing.2.7. "Construction does not mean the routine operation, routine repair, or routine maintenance of existing structures, buildings, or real property.2.8. "Contract" means any state agreement for the procurement or disposal of supplies, services, design, or construction.2.9. "Design-Build" means a project delivery method whereby the design and construction phases are combined into a single project. This method of design and construction can include the design-build provider acquiring the right of way as part of the contract.2.10. "Local Governmental Agencies" means counties; municipalities; watershed improvement districts; soil conservation districts; sanitary districts; public service districts; drainage districts; regional governmental authorities and any other governmental agency, entity, political subdivision, public corporation or agency having the authority to acquire, construct or operate public water facilities, storm-water systems or wastewater facilities.2.11. "Maintenance" refers to a commitment to maintain a highway facility in an acceptable condition for an established period of time.2.12. "Owner" means the West Virginia Department of Environmental Protection.2.13. "Procurement" means buying, purchasing, renting, leasing, leasing with an option to purchase, or otherwise acquiring any supplies, service, or construction. It also includes all projects or functions that pertain to the obtaining of any supply, service, or construction, including description of requirements, selection, and solicitation of sources, preparation, and award of a contract, and all phases of contract administration.2.14. "Request for Proposals" (RFP) means an advertisement requesting proposals for work in accordance with the requirements outlined in the design-build criteria package.2.15. "Request for Qualifications" (RFQ) means an advertisement requesting statements of qualifications. It contains at least the desired minimum qualifications of the designbuilder, criteria for evaluation, a scope of work statement, and general project requirements.2.16. "Responsive bidder or proposer" means an entity or person who has submitted a bid or proposal which conforms in all material respects to the invitation for dibs or request for proposals.2.17. "Secretary" means the cabinet secretary of the West Virginia Department of Environmental Protection.2.18. "Sealed" does not prelude acceptance of electronically sealed and submitted bids or proposals in addition to bids or proposals manually sealed and submitted.2.19. "Services" means the furnishing of labor, time, or effort by a contractor, not involving the delivery of a specific end project other than reports which are merely incidental to the required performance. It does not include employment agreements or collective bargaining agreements.2.20. "Specification" means any description of the physical or functional characteristics, or of the nature of a supply, service, or construction item for delivery.2.21. "State" means the State of West Virginia.2.22. "Stipend" refers to the fee paid to unsuccessful firms for development of a responsive proposal.2.23. "Supplies" means all property, including equipment, materials, and printing.2.24. "Value-based" refers to a procurement process where price and other key factors are considered in the evaluation and selection process.