Current through Register Vol. XLI, No. 50, December 13, 2024
Section 99-6-8 - Projects Exceeding $250,0008.1. Pursuant to West Virginia Code § 5G-1-1, agencies must utilize the Expression of Interest (EOI) procurement method to solicit architectural and engineering services for projects estimated to exceed $250,000. For purposes of determining the $250,000 threshold, the project cost is calculated by combining the construction cost and associated architectural and engineering fees. 8.2. All EOIs exceeding $250,000 must be submitted using the EOI Standard Format for processing as a central procurement. The EOI will then be advertised within wvOASIS and as a Class II legal ad as required by West Virginia Code. 8.3. Evaluation Committee: For the EOI evaluation committee, a committee of at least three members is required, and not more than five persons, that are knowledgeable of the service to be acquired, is recommended. The Procurement Director may also invite individuals to serve as advisors who are subject matter experts, knowledgeable in the area of discussion. The advisors may assist the evaluation committee members (referred to as evaluators) in the evaluation process. 8.4. The Procurement Director, who is skilled in purchasing techniques and procedures, must serve on the evaluation committee as a full voting member. 8.5. A non-state employee shall not serve as voting member of the evaluation committee. 8.6. The names and other relevant information for all evaluation committee members and advisors must be recorded prior to the release of the EOI. The submission must include justification for any identified advisors. 8.7. To ensure there is no conflict or influence on the committee members' decision process, the evaluation should take place with only the designated evaluators and advisors present. 8.7.a. Evaluation: Following the bid opening of EOI responses, the evaluation committee shall: 8.7.a.1. Evaluate the statements of qualifications and performance data and other material submitted; 8.7.a.2. Develop a "short list" (minimum of three firms) which, in their opinion, are best qualified to perform the desired service; and 8.7.a.3. Interview each firm on the "short list" and discuss anticipated concepts and proposed methods of approach to the assignment, including clarification of qualifications and performance data, the scope of services offered and needed time to complete project. 8.7.b. The committee will rank no less than three firms deemed to be the most highly qualified on the basis of the matters discussed during the interview, in order of preference, and present such list to the Director. The committee will forward its recommendation to the Director along with a written justification as to the selection of the firm. The justification must provide a score sheet with complete explanation of all points deducted to clearly indicate how the firms were ranked. The committee will then commence negotiations as to scope of service and price with the highest qualified firm. 8.7.c. If the division fails to negotiate a satisfactory contract with the highest qualified firm at a fee determined to be fair and reasonable, negotiations as to scope of services and price with the firm of second choice will commence. Failing that, negotiations as to scope of service and price will be undertaken with the third most qualified firm. In no situation, after negotiations have been terminated with a firm, will negotiations be reopened. 8.7.d. If the division fails to negotiate a satisfactory contract with any of the selected firms, in order of their competence and qualifications, they will rebid.8.7.e. Non-Conflict Requirement for Expressions of Interest: To ensure that there is no conflict of interest in evaluating Expression of Interest (EOI) responses, each member of the evaluation committee and any advisors are required by the division to sign a Certification of Non-Conflict of Interest. 8.7.f. By signing this certification, the evaluators, advisors and Procurement Director or designee attest that: 8.7.f.1. his or her service on the evaluation committee is not in violation of West Virginia Code § 5A-3-31, § 6B-2-5, or any other relevant code section; 8.7.f.2. his or her service on the evaluation committee does not create a conflict of interest with any of the participating vendors; and 8.7.f.3. he or she has not had or will not have contact relating to the solicitation identified herein with any participating vendors between the time of the bid opening and the award recommendation without prior approval of the division. 8.7.g. The Procurement Director should discuss the non-conflict of interest issue with potential committee members to ensure that individuals who may have a conflict are not chosen to participate as evaluation committee members.8.7.h. Emergency: If a decision is made that special circumstances exist, and that seeking competition is not practical, the Procurement Director may, with prior approval of the Director, select a firm on the basis of previous satisfactory performance and knowledge of the facilities and needs.