West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-11 - Rules for Selecting Design-Builds Under the Design-Build Procurement Act › Section 148-11-12 - Award of Design Build Contract

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The Agency shall set a date to inform
				the bidders of their weighted qualitative scores and shall simultaneously
				notify them of the date to publicly open the cost proposals, which shall be
				within five (5) working days after the public announcement of the weighted
				qualitative proposals.
12.2. The
				Agency shall publicly open and read aloud the sealed cost proposals that met
				the minimum qualitative proposal score of 70. The lowest cost proposed shall be
				assigned a score of 100. Other cost scores shall be arrived at by the following
				formula:
(Lowest Cost Proposed divided by Cost being evaluated) x 100
				  = Cost Score
12.3. To
				determine the successful design-build proposal, the total of the weighted
				qualitative and cost scores shall be added to arrive at a total
				score.
12.4. The Agency is not
				required to submit duplicate bids or proposals to the Auditor's
				office.
12.5. The Agency shall
				submit to the Design-Build Board the evaluations and scoring of the qualitative
				proposals for approval of the process within twenty-four (24) hours of the
				scoring of the qualitative proposals. If the process is approved by the
				Design-Build Board, the Agency may proceed with the opening of cost proposals.
				If the process is not approved the Design-Build Board, the Agency may not
				proceed with the opening of the cost proposals.
12.6. Design-Builder's who have submitted
				proposals may request copies of the qualitative scores and may submit question
				and, clarifications, and make comments on the procedures to the Agency and the
				Design-Build Board for consideration within forty-eight (48) hours of the
				public announcement of the qualitative scores. The Design-Build Board, at its
				discretion, may schedule a public meeting within ninety-six (96) hours of the
				public announcement of the qualitative scores for the discussion of these
				questions and comments. A decision by the Design-Build Board shall be publicly
				announced with twenty-four (24) hours of the public meeting, or if no public
				meeting is held, the announcement shall be within forty-eight (48) hours of the
				information provided to the Design-Build Board from the Agency.
12.7. Unless all proposals are rejected, the
				Agency shall approve and award the project to the Design-Builder with the
				highest total score. The Agency shall notify all parties submitting proposals
				of the outcome of the scoring process and the Agency's intent to enter into a
				contract with the successful design-builder. The Agency may reject all
				proposals.
12.8. The Agency has
				final authority to approve or reject the recommended award based upon due
				process, legal, fiduciary, financial or policy considerations, but may not
				substitute its judgment on the qualitative evaluation for that of the Technical
				Review Committee.