West Virginia Code of State Rules › Agency 157 - Highways › Title 157 - PROCEDURAL RULE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS › Series 157-14 - Rules Relating Generally to Various Functions of the Commissioner of Highways › Section 157-14-13 - Award

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The Division
				holds an Award Meeting to consider the information from the bid analysis, to
				confirm the bid is responsive, that the contactor is eligible to bid and that
				the contractor is in good standing. The award meeting results in a
				recommendation to the State Highway Engineer, or designee, to accept or reject
				the bid. The State Highway Engineer, or designee, carefully considers all
				information and reaches the final decision.
13.2. The Award Committee is led by the State
				Highway Engineer (or designee), and comprised of the Deputy State Highway
				Engineer - Construction, the Contract Administration Division Director, the
				Contract Administration Division Assistant Director(s), the Contract
				Administration Division Contract Analytics Coordinator, the Contract
				Administration Division Procurement Section Manager (or designee), the
				Engineering Division Director (or designee), the Traffic Engineering Division
				Director (or designee) and the Programming Division Director (or designee). The
				majority of these members must be present in order for the meeting to be held.
				Other interested parties or invited guests may also attend the
				meeting.
13.3. The award meeting is
				the venue for the decision makers to consider all the information and determine
				the most appropriate course of action. The options include, perform additional
				analysis of the bid documents and supporting information, seek clarifications
				from the contractor regarding their pricing or information contained in the
				supporting bid documents, to accept the bid as submitted, or to reject the bid.
				The committee documents the decision and when the decision is to reject the
				bid, senior management and the FHWA (for a full oversight project according to
				the Stewardship and Oversight Agreement) will be briefed prior to taking formal
				action. The decision to reject a bid is not taken lightly and senior management
				should always be consulted during the process.
13.4. If the committee decides to reject a
				bid, the bid process may repeat itself with the next bidder until an award is
				made, or until all bidders are exhausted. Should the Division decide to reject
				all bids for a Federal-aid project, the FHWA should be consulted for
				concurrence.
13.5. The Division
				may choose to accept a bid which is both mathematically and materially
				unbalanced but may risk federal participation in the project and therefore must
				consult FHWA as part of the decision to award such a bid.
13.6. The Division retains the right to
				cancel the award of any contract at any time before the contract is executed by
				all parties without assuming any liability.
13.7. The successful bidder will be notified
				within 30 calendar days from the bid letting, that their bid has been accepted.
				The Division is limited to 30 days unless they reach an agreement with the
				contractor to extend the award period; any extension should be agreed to in
				writing. The contractor is provided the contract documents package to sign and
				return.
13.8. The contractor has
				20 days from the date of award to execute the contract and furnish a
				performance bond. Failure to execute the contract and supply the bond is just
				cause for annulment of the award and forfeiture of the proposal guaranty .
13.9. The contractor provides the
				Division with a fully executed contract, a certificate of insurance and the
				performance bond. The documents are carefully reviewed by the Division and if
				acceptable, the contract is presented to the Commissioner for signature.
13.10. The Division provides
				notification of the fully executed contract to the contractor, and appropriate
				staff. The notification triggers the District to issue a notice to proceed
				allowing the contractor to begin work on the project.