W. Va. Code R. § 63-4-11

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

Section 63-4-11 - Project Contracts

11.1. Conservation district contracts for projects using co-administered funds shall be performed by a conservation district work crew or be based on competitive public bid.

11.2. The SCC shall develop and implement the contracting process, with conservation district approvals, to ensure a uniform manner across the conservation districts.

11.3. This process applies to project contracts that use a private contracting business to complete the project.

11.4. If the conservation district board or delegated district supervisor(s) selects to use a conservation district work crew, the district will coordinate with WVCA field staff management or appointed technical staff and the conservation district work crew to complete the project.

11.5. If the conservation district board or delegated conservation district supervisor(s) selects to use a private contracting business, the district will inform the WVCA field staff management and/or appointed technical staff to start the process of external contracting.

11.6. A conservation district work crew may not compete against private contracting businesses for services. This includes a conservation district work crew providing a quote for services to the district prior to or post job showing.

11.7. Only after the contract bid (external contracting process) has been rejected by a conservation district board or delegated supervisor will the process be considered complete.

11.8. Once the contract bid is rejected and the conservation district board or delegated conservation district supervisor(s) start the bidding process over, only then may a quote from a district work crew be sought.

11.9. All contracts shall be a lump sum contract with a bid schedule sheet unless otherwise noted.

11.10. The SCC shall establish a dollar threshold to determine which procurement process to use to obtain a private contractor.

11.10.1. Project contracts financed through co-administered funds are divided into two (2) categories:

11.10.1.a. Co-administered funds projects under (established threshold)

11.10.1.b. Co-administered funds projects (established threshold) and above

11.11. The SCC shall develop and approve the Co-Administered Funds Projects Contracts Policy and Procedures manual to include the above processes and following topics:

11.11.1. Project Development to include:

11.11.1.a. Funding of Proposed Project and

11.11.1.b. Presentation of Project to District Board

11.11.2. District Board Selection of Contracting Process

11.11.3. Contract Development

11.11.4. WVCA Contracting Website Notification

11.11.5. WVCA Posting Job Showing to Website

11.11.6. Scheduling of Bid Openings

11.11.7. Pre-Bid Conference/Job Showing

11.11.8. Bid Opening

11.11.9. Bid Evaluation

11.11.10. Validation of Low Bid Contractor

11.11.11. Award and Signing of Contract

11.11.12. Tie Bids

11.11.13. Omissions

11.11.14. Errors

11.11.15. Bonds

11.11.16. Contract Modification/Amendment/Change Order

11.11.17. Contractor Protest

11.11.18. Contracting Documentation

11.12. Projects using federal funds shall follow any grant requirements and Code of Federal Regulations (2 CFR 200) requirements for local governments.

11.13. Contractor Protest.

11.13.1. Protests based on bid specifications must be submitted to the conservation district no later than one (1) working day prior to the bid opening.

11.13.2. Protest contract awards must be submitted to the conservation district no later than five (5) working days after the award.

11.13.3. The vendor is responsible for knowing the bid opening and award dates.

11.13.4. Protests received after these dates may be rejected at the option of the conservation district board.

11.13.5. All protests shall be submitted in writing to the conservation district board and contain the following information:

11.13.5.a. the name and address of the protestor;

11.13.5.b. the requisition, purchase order, or contract numbers;

11.13.5.c. a statement of the grounds of protest;

11.13.5.d. supporting documentation (if necessary); and

11.13.5.e. the resolution or relief sought.

11.13.6. Failure to submit this information shall be grounds for rejection of the protest by the conservation district board.

11.13.7. The conservation district board and WVCA or their designee shall review the matter of protest and issue a written decision.

11.13.8. A meeting to hear information from the vendor and pertinent staff may be conducted at the option of the conservation district board, WVCA, and/or assigned designee.

11.13.9. The decision of the district board is final. Appeals may be brought in the circuit court of the county where the district board office is located.

W. Va. Code R. § 63-4-11