reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-05 - Availability Of State Surplus Buildings And Equipment To Charity Food Banks › Section 148-5-5 - State Surplus Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
(a) Upon
				request from an eligible charity food bank to use surplus state equipment, the
				Director of Purchasing shall determine whether or not such equipment is
				available for such use.
(b) If the
				surplus equipment is available, the charity food bank shall submit a letter of
				intent to the Director of Purchasing with a copy of the contract between the
				charity food bank and the Division of Human Services of the Department of
				Health and Human Resources. The letter of intent shall be signed and dated by
				an authorized representative of the charity food bank.
The letter of intent shall provide the following:
(i) Identification of the applicant, complete
				address and name, title and telephone number of the authorized representative
				signing the letter of intent;
(ii)
				Description of the equipment requested, including the type, model, serial
				number, location and owner;
(iii)
				Details on the planned utilization of the equipment, including location;
				and
(iv) In the event the equipment
				requires trained operation, listing of the persons who will operate the
				equipment and their level of training.
The Director of Purchasing shall determine whether such
				  letter of intent is sufficient.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-05 - Availability Of State Surplus Buildings And Equipment To Charity Food Banks › Section 148-5-6 - Restrictions

Current through Register Vol. XLI, No. 28, July 12, 2024
The Purchasing Division of the Department of Administration
				  may place such restrictions on the use and disposition of any building or
				  equipment obtained in accordance with these regulations in order to protect the
				  State and to comply with any and all federal, state and local laws and
				  regulations pertaining to such use and disposition.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-06 - Parking › Section 148-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -
				This legislative rule provides for the regulation of parking of motor vehicles
				by the Secretary of the Department of Administration on property owned or
				leased by the State of West Virginia, or any of its agencies, in the City of
				Charleston, Kanawha County, West Virginia, including penalties.
1.2. Authority. - W.Va. Code §
									5A-4-5.
1.3. Filing Date. - April 12, 2023.
1.4. Effective Date. - May 5, 2023.
1.5. Sunset provision. - This rule shall
				terminate and have no further force or effect on August 1, 2032.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-06 - Parking › Section 148-6-2 - Parking Areas

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. General.
				Parking on property owned by the State of West Virginia in the City of
				Charleston, Kanawha County, West Virginia
,
is subject
				to this rule and includes but is not limited to:
2.1.a. The east side of Greenbrier Street
				between Kanawha Boulevard and Washington Street, East;
2.1.b. The west side of California Avenue
				between Kanawha Boulevard and Washington Street, East;
2.1.c. State-owned or leased grounds upon
				which state office buildings are located.
2.1.d. Any other property now or subsequently
				owned or leased by the State or any of its agencies and used for parking
				purposes in conjunction with the state capitol or any state office
				buildings.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-06 - Parking › Section 148-6-3 - Personnel

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				Secretary, Speaker of the House of Delegates and/or the President of the Senate
				may employ such persons necessary to enforce this parking rule. The persons
				employed by the Secretary, Speaker of the House of Delegates and/or the
				President of the Senate may have authority to direct traffic and issue tickets
				in violation of this rule, as well as any other authority determined by the
				Secretary, or the Speaker of the House of Delegates and the President of the
				Senate.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-06 - Parking › Section 148-6-4 - Metered Parking

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				Secretary may install metered parking in any areas designated for parking he or
				she considers prudent to permit convenient parking spaces for visitors to the
				State Capitol or any state office buildings in the City of Charleston. The
				amount to be charged for parking at meters shall be 50 cents per
				hour.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-06 - Parking › Section 148-6-5 - Parking

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Parking
				may be provided, at the discretion of the Secretary, to state spending units.
				The spending unit shall provide for parking in accordance with the parking
				allocation policies of the spending unit, subject to this rule. The fee to
				park, to be paid by the spending unit, shall be $20 per month per employee
				using a designated parking space. Payment by the spending unit shall be made in
				accordance with the policies of the Secretary. The Secretary may charge a
				reasonable fee to replace a parking tag or access card issued to a public
				officer or employee which shall be paid by the public officer or
				employee.
5.2. For locations
				outside the Capitol Complex, the spending units shall provide for parking in
				accordance with the parking allocation policies of the spending unit subject to
				this rule and the fee to park shall be the same as the fees for employees who
				park on the Capitol Complex Campus unless the facility consists of all free,
				public access parking (i.e., shopping centers or other facilities approved by
				the Secretary) or unless they have a contractual obligation in which case the
				Secretary of Administration may set a different fee.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-06 - Parking › Section 148-6-6 - Violations

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. General.
				The owner of any motor vehicle parking in violation of this rule is subject to
				the penalty specified in Section 7 of this rule and is responsible for the
				payment of any fines, penalties or costs assessed, regardless of whether the
				owner was operating the motor vehicle at the time of the violation. The
				Secretary may waive the violation and assessed fines, penalties and costs, in
				his or her discretion. Further the Secretary may authorize the removal,
				immobilization, or any other remedy considered necessary, at owner expense, of
				any motor vehicle parked in violation of this rule. For the purpose of this
				subdivision, a motor vehicle parked in violation of this rule shall include a
				motor vehicle owned by a person who owes more than 10 unpaid violations and is
				parked on property described in subsection 2.1 of this rule. The Secretary may
				also authorize the revocation of a state issued parking space of a vehicle
				whose owner owes more than 10 unpaid violations.
6.2. Metered Parking. The owner of a motor
				vehicle parked at metered parking with elapsed time during the hours of 8:00
				a.m. through 5:00 p.m. Monday through Friday, except holidays, is subject to
				overtime parking fine(s) in accordance with Section 7 of this rule or other
				hours as the Secretary considers appropriate. In no event may a singular
				vehicle at a single parking meter be ticketed more than four times in one
				working day.
6.3. Designated Area
				Parking. The owner of a motor vehicle parked at any time in an area designated
				accessible parking, legislative parking, or reserved parking is subject to
				parking fine(s) in accordance with Section 7 of this rule.
6.4. Parking in Travel Lanes. The owner of a
				motor vehicle parking in a travel lane is subject to a parking in a travel lane
				fine in accordance with Section 7 of this rule.
6.5. Other violations. The owner of a motor
				vehicle parking in a space that has not been assigned for purpose of parking
				that vehicle is subject to an improper parking fine in accordance with Section
				7 of this rule.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-06 - Parking › Section 148-6-7 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Fines. A
				person who violates this rule is subject to the following fines:
7.1.a. Accessible Area $100.00
7.1.b. Legislative Parking Area
				10.00
7.1.c. Reserved Parking Area
				10.00
7.1.d. Parking in a Travel
				Lane 10.00
7.1.e. Overtime Parking
				5.00
7.1.f. No Parking Area
				10.00
7.1.g. Improper Parking
				10.00
7.1.h. Other Violations
				10.00
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-07 - State Purchasing Card Program › Section 148-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This
				Legislative Rule is an explanation and clarification of operative procedures
				for the State Purchasing Card Program. This program provides an alternative
				process for the purchase of and payment for goods and services in Transactions
				which do not exceed the Transaction Limit.
1.2. Authority. -- W. Va. Code §
									12-3-10a.
1.3. Filing Date. - - April 18,
				2002
1.4. Effective Date. - - April
				18, 2002
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-07 - State Purchasing Card Program › Section 148-7-3 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. This
				legislative rule applies to all spending units of State government except those
				statutorily exempted. Exempted spending units may elect to follow the
				provisions of this rule.
3.2. In
				the event of a state or federally declared emergency, public necessity, rescue
				relief or disaster, the Governor or his or her designee may authorize the use
				of the purchasing card for use by emergency management or response personnel.
Emergency management and response personnel may use the
				  purchasing card for all transactions permitted by this rule as well as for
				  travel, lodging, meals and the purchase of immediate goods and services
				  following the applicable law or rules relating to the Purchasing Division .
				  Provided: That the governor or his or her designee shall provide to the
				  Authorization Administrator a list containing the names of persons designated
				  as emergency management and response personnel, and any other information
				  required for the issuance of a state purchasing card; Provided, however, That
				  use of the purchasing card is permitted only during the emergency, public
				  necessity, rescue relief or disaster, to which the emergency management or
				  response personnel are responding, and that upon the proclamation of the
				  termination of the emergency, public necessity', rescue relief or disaster by
				  the Governor, or the passage by the legislature of a concurrent resolution
				  terminating such emergency, public necessity, rescue relief or disaster, the
				  privilege of use terminates.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-07 - State Purchasing Card Program › Section 148-7-4 - Power and Authority

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				Director may:
4.1.a. Allow card purchases of
				Transactions not exceeding Transaction Limits;
4.1.b. Establish the manner in which spending
				units may purchase supplies directly from the State's central storerooms or
				other spending units using the program;
4.1.c. Prohibit use of the card for cash
				advances;
4.1.d. Ensure goods and
				services purchased are received in advance of or simultaneously with use of the
				Purchasing Card;
4.1.e. Ensure
				cards are used for official state purchases only;
4.1.f. Review spending unit records of card
				purchases;
4.1.g. In joint effort
				with the Auditor, resolve questions and conflicts regarding procedural matters
				related to the implementation and administration of the card; questions that
				relate to significant policy changes require joint approval with the
				Auditor;
4.1.h. Revoke authority to
				use a card at any level of use if Director determines a spending unit is in
				violation of this rule;
4.1.i. In
				joint effort with the Auditor, draft letters and memorandum concerning
				purchasing card policies and procedures and changes in the program;
4.1.J. Maintain a current cardholder
				list;
4.1.k. In joint effort with
				the Auditor, coordinate contractual agreements between the Provider and the
				State of West Virginia;
4.1.l.
				Review and approve new card application forms and cardholder maintenance forms
				reflecting cancellations or other changes to cardholder information;
4.1.m. Maintain coordinator listing with the
				Auditor;
4.1.n. In joint effort
				with the Auditor, advise and train coordinators and cardholders in correct
				business usage of the card;
4.1.o.
				Authorize cardholder renewals;
4.1.p. Approve all limit changes for
				cardholders and spending units as requested by the coordinators;
4.1.q. In joint effort with the Auditor,
				research new appllications for the Purchasing Card;
4.1.r. In joint effort with the Auditor,
				assist spending units with establishing purchasing card programs;
4.1.s. In joint effort with the Auditor,
				assist point of sale vendors who wish to participate in the purchasing card
				program; and
4.1.t. Direct the
				Purchasing Card Provider to restrict the Point of Sale Vendor from using the
				program when the restriction is in the best interest of the
				State.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-07 - State Purchasing Card Program › Section 148-7-5 - Point of Sale Vendor Participation

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Each Point of Sale Vendor desiring to
				participate in the program is solely responsible for contracting or enrolling
				with the Purchasing Card Provider under the terms and conditions set forth in
				the agreement between the Purchasing Division and Purchasing Card
				Provider.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-07 - State Purchasing Card Program › Section 148-7-6 - Purchasing Methods

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				provisions of W. Va. Code §
									5A-3-1
				et seq., and the Purchasing Division Purchasing Rules, 148 CSR 1, apply to
				purchases made with the card.
6.2.
				The cards are to be used in the State's best interest.
6.3. The card may be used as a payment method
				for releases (orders) against statewide contracts, in accordance with the
				transaction limit as set forth in subsection 2.18 of this rule, excluding those
				requiring advance approval of the Purchasing Division. There is no annual limit
				for payments against statewide contracts.
6.4. With the written approval of the Auditor
				and the Director lo the department head or chief fiscal officer of an agency,
				an agency may use the card as a payment method on agency open-ended
				contracts.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-07 - State Purchasing Card Program › Section 148-7-7 - Itemizing Claims for Payment

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A spending unit is not required to
				submit individual itemized vendor invoices for purchases made with the card
				that do not exceed the Transaction Limit.
7.2. The Purchasing Card Provider shall
				provide a consolidated multiple vendor invoice to die spending officer of each
				spending unit, as required by the Auditor. A spending officer may consolidate
				payments into one monthly payment to the Purchasing Card Provider. Each
				spending unit may require changes in the format of invoices to meet its needs,
				with the approval of the Auditor.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-07 - State Purchasing Card Program › Section 148-7-8 - Violations

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Any person who
				authorizes or approves a purchase or contract payment in a manner in violation
				of this rule or the West Virginia Code is guilty of a felony, pursuant to W.
				Va. Code §
									12-3-10b.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-08 - Reporting Of State Assets By Financial Institutions › Section 148-8-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the guidelines for reporting of assets of the
				State of West Virginia held by financial institutions.
1.2. Authority. -- W. Va. Code '5A-1-9.
1.3. Filing Date. -- April 16,
				1992.
1.4. Effective Date. -- April
				16, 1992.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-08 - Reporting Of State Assets By Financial Institutions › Section 148-8-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
For purposes of these rules, unless a different meaning
				  clearly appears from the context:
2.1.
				"AICPA" means the American Institute of Certified Public Accountants.
2.2. "Assets" means all accounts that
				financial institutions hold for the State of West Virginia or its spending
				units, including but not limited to, all types of depository accounts;
				disbursement accounts; investment; mortgages; promissory notes; deeds or titles
				to property, plant or equipment; additional liens or collateral; letters of
				credit; contingent liabilities; or bond issuance accounts held by the
				institutions.
2.3. "Bank
				confirmation" means the written documentation of all assets that the State or
				its spending units have provided to or obligated themselves with financial
				institutions.
2.4. "Department"
				means the Department of Administration.
2.5. "Financial institution" means any bank,
				savings and loan association, building and loan association, industrial bank,
				industrial loan company, supervised lender, credit union and any other person,
				firm or corporation doing business with the State of West Virginia.
2.6. "GAAP" means generally accepted
				accounting principles.
2.7.
				"Secretary" means the Secretary of the Department of Administration.
2.8. "Spending unit" means a department,
				division, section, agency, board, commission, committee or institution of the
				State of West Virginia for which an appropriation is made by the
				Legislature.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-08 - Reporting Of State Assets By Financial Institutions › Section 148-8-3 - Bank Confirmation

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Form. The Department of Administration will issue a bank confirmation form for
				reporting assets of the State of West Virginia semi-annually, as of June 30 and
				December 31 each year. The bank confirmation will be consistent with the form
				endorsed by the AICPA for use by external auditors and may contain such
				additional information determined necessary by the Secretary, including, but
				not limited to, the identification of and the asset value of all accounts
				opened or closed during the reporting period.
3.2. Completion. Instructions for completion
				of the bank confirmation will accompany the form when issued by the Department.
				Each financial institution will complete the bank confirmations in their
				entirety, providing such complete and accurate information as is reasonably
				possible and utilizing research sufficient to ensure that all assets of the
				State of West Virginia held by that financial institution are reported. Each
				bank confirmation must be signed by the trustee or supervisor of the asset or
				other authorized signatory of the financial institution.
3.3. Submission. The financial institution
				will submit the bank confirmation to the Department within the time frame
				specified by the Department, and will send copies of the bank confirmation to
				the State Treasurer, to the Board of Investments and to the Legislative
				Auditor.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-09 - Purchasing - Vendor Debarment › Section 148-9-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 Scope - This
				Legislative Rule is an explanation of the operative rules and procedure for the
				debarment of vendors by the Purchasing Division of the Department of
				Administration
1.2 Authority - WV
				Code
				5A-3-33(a
				thru f)
1.3 FilingDate- July
				3,2001
1.4 Effective Date
				-______________________
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-09 - Purchasing - Vendor Debarment › Section 143-9-2 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1 This
				Legislative Rule applies to all spending units of state government, all
				political subdivisions of state government, every administrative entity that
				includes such a subdivision, all municipalities and all county boards of
				education.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-09 - Purchasing - Vendor Debarment › Section 148-9-3 - Duties and Authority of the Director

Current through Register Vol. XLI, No. 28, July 12, 2024
The Director shall
3.1. Obtain and maintain lists of vendors
				declared ineligible under federal law and regulations from the federal website
				(http://epls.aniet.gov/ [File Link Not Available]) posting same. A link to this
				federal site is available from the Purchasing Division's website (www. state,
				wv.us/admin/pur chase).
3.2 Notify
				all interested parties of debarred vendors by any method deemed appropriate by
				the Director, including but not limited to, posting on the official state
				Purchasing website, newsletters or other written communication, replies to
				written requests, etc.
3.3
				Investigate written complaints from state officials and representatives from
				political subdivisions, municipalities and boards of education that are
				received by the Director to determine validity of the complaint. Investigation
				methods can include, but are not limited to, follow up calls, review of the
				contract, worksite and materials, etc.
3.4 Debarment proceedings will be at the
				request of the agency upon determination of probable cause by the Director. The
				time-frame for holding debarment proceedings will be at the convenience of the
				Purchasing Division within a reasonable time-frame.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-09 - Purchasing - Vendor Debarment › Section 148-9-4 - Complaint Forms

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1 The
				Purchasing Division shall provide uniform Complaint Forms upon written request
				and on its official state Purchasing website. All complaints should be
				submitted on this form and submitted to the Purchasing Director.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-09 - Purchasing - Vendor Debarment › Section 148-9-5 - Posting of Debarred Vendors

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Purchasing Division shall post a
				list of debarred vendors, for the length of the debarment on its official state
				Purchasing website at
http://www.state.wv.us/
admin/purchase.
5.2. Information
				regarding those vendors declared ineligible shall be made available to the West
				Virginia Association of Counties, the West Virginia Municipal League and the
				West Virginia Department of Education for their constituents.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-10 - Use Of Domestic Aluminum, Glass Or Steel Products In Public Works Projects › Section 148-10-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule is an explanation and clarification of procedures for the
				purchase of aluminum, glass and steel used in public works projects.
1.2. Authority. -- W. Va. Code '5-19-2.
1.3. Filing Date. -- April 4, 1994.
1.4. Effective Date. -- July 1,
				1994.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-10 - Use Of Domestic Aluminum, Glass Or Steel Products In Public Works Projects › Section 148-10-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Aluminum,
				glass and steel products" means products rolled, formed, shaped, drawn,
				extruded, forged, cast, fabricated, or otherwise similarly processed from
				aluminum, glass and steel.
2.2.
				"Bidder or Contractor" means the entity submitting a bid or offer or the entity
				receiving a contract or purchase order from a state spending unit.
2.3. "Domestic aluminum, glass and steel
				products" means aluminum, glass and steel products made in the United
				States.
2.4. "Foreign aluminum,
				glass and steel products" means aluminum, glass and steel products not made in
				the United States.
2.5. "Public
				works" includes roads, highways, streets, bridges, sidewalks, sewage systems,
				buildings, engineering and architectural works, and any other structure,
				facility or improvement constructed or undertaken by a public agency.
2.6. "Spending officer" means the executive
				head of a spending unit, or a person designated by him.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-10 - Use Of Domestic Aluminum, Glass Or Steel Products In Public Works Projects › Section 148-10-3 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
This legislative rule shall apply to every public works
				  project estimated to cost in excess of fifty thousand dollars using aluminum,
				  glass or steel, or to any public works project estimated to require more than
				  ten thousand pounds of steel.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-10 - Use Of Domestic Aluminum, Glass Or Steel Products In Public Works Projects › Section 148-10-4 - Preference

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All contracts
				or subcontracts entered into by a spending unit for the construction,
				reconstruction, alteration, repair, improvement or maintenance of public works
				or for the purchase of any item of machinery or equipment to be used at sites
				of public works shall require aluminum, glass or steel products supplied in the
				performance of the contract or subcontract be domestic aluminum, glass or steel
				products, unless, after receipt of the bids or offers, the spending officer
				determines in writing that:
a. the cost of
				domestic aluminum, glass or steel products is unreasonable or inconsistent with
				the best interest of the State of West Virginia, or
b. there is not sufficient quantities of
				domestic aluminum, glass or steel readily available to meet the contract
				requirements, or
c. the available
				domestic aluminum, glass or steel do not meet the contract
				specifications.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-10 - Use Of Domestic Aluminum, Glass Or Steel Products In Public Works Projects › Section 148-10-5 - Unreasonable Bid or Offer Price

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The bid or offer price contemplated in
				section 4.1.a of this rule is not unreasonable if the bid or offer price does
				not exceed the bid or offer price of foreign aluminum, glass or steel by twenty
				percent (20%).
5.2. The bid or
				offer price contemplated in section 4.1.a of this rule is not unreasonable if
				the bid or offer price does not exceed the bid or offer price of foreign
				aluminum, glass or steel by thirty per cent (30%) if the aluminum, glass or
				steel is produced in a "substantial labor surplus area," as defined by the
				United States Department of Labor.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-10 - Use Of Domestic Aluminum, Glass Or Steel Products In Public Works Projects › Section 148-10-6 - Lowering Bid or Offer Price

Current through Register Vol. XLI, No. 28, July 12, 2024
All bids and offers including domestic aluminum, glass or
				  steel products that exceed bid or offer prices including foreign aluminum,
				  glass or steel products after application of the preferences provided in this
				  rule may be reduced to a price equal to or lower than the lowest bid or offer
				  price for foreign aluminum, glass or steel products plus the applicable
				  preference. If the reduced bid or offer prices are made in writing and
				  supersede the prior bid or offer prices, all bids or offers, including the
				  reduced bid or offer prices, will be reevaluated in accordance with this
				  rule.
West Virginia Code of State Rules › Agency 148 - Administration › Title 148 - LEGISLATIVE RULE DEPARTMENT OF ADMINISTRATION › Series 148-10 - Use Of Domestic Aluminum, Glass Or Steel Products In Public Works Projects › Section 148-10-7 - Contractor Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
Before payment is made under a contract to which the
				  preference provisions of this rule have been applied, the contractor shall
				  supply sworn certificates of origin of the aluminum, glass or steel used to the
				  public agency. Payments made to a contractor who did not comply with the
				  requirement that the aluminum, glass or steel is of domestic origin may be
				  recovered by such public agency.
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 148-11-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. " This
				Legislative Rule sets forth the operative procedures for agencies to follow in
				selecting Design-Builders to provide combined design and construction services
				for projects authorized as Design-Build projects by the West Virginia
				Design-Build Board that is constructed and owned, potentially owned or
				ultimately owned by any agency, as defined in § 5-22A-2 of the W. Va.
				Code.
1.2. Authority. -- W. Va.
				Code §§
									5-22A-4
				and 6.
1.3. Filing Date. -- May
				9,2013.
1.4. Effective Date. --
				June 1,2013.
1.5. These rules
				repeal and replace the current rules for selecting design-builders under the
				Design-Build Procurement Act.
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 148-11-2 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. This
				legislative rule applies to all Agencies, except those statutorily exempted
				from its application. The rule applies to any project that is owned, or that
				will ultimately be owned by an Agency, regardless of the initial funding for
				the Project.
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 148-11-3 - Public Announcement Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Except in emergency situations, an
				Agency shall obtain by public notice, through any advertising medium the Agency
				considers advisable, an advertisement setting forth a general description of
				the Project requiring Design-Build , services and defining a time frame and
				procedures for interested qualified Design-Builders to apply for
				consideration.
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 148-11-4 - Technical Review Committee

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. There shall be established by the Agency
				a Technical Review Committee comprised at a minimum of a representative of the
				Agency with experience in the requirements of the project, the Performance
				Criteria Developer as a non-voting member, a representative of the facility use
				and the Secretary of Administration or his designee. The Technical Review
				Committee has responsibility for evaluating responses to the Invitation for
				Qualification as provided in Section 7 of this rule and the Proposals as
				provided in Section 10 of this rule.
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 148-11-5 - Application Process for Approval of Design-Build Project

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Prior to an Agency issuing an invitation
				for qualifications for public projects, the Board must determine that the
				public project is appropriate as a design-build project.
5.2. Within thirty (30) days of the receipt
				of an agency's written application, the Board shall meet to render a decision
				unless a different timetable is agreed to by the Agency. If the Board
				determines that the Agency has met the criteria enumerated in W.Va. Code §
									5-22A-1
				et seq. and Legislative Rules 148-CSR-Il, the Board shall approve the project's
				use of the design-build process to procure construction of the proposed
				project.
5.3. If upon review of the
				documents and information submitted by the Agency in support of its request for
				authorization by use as a design-build contract for a specific construction
				project, the Board concludes that additional information is required to enable
				the board to reach a determination whether the Agency has met the criteria
				enumerated in W.Va. Code §
									5-22A-5,
				the Board may require the Agency to submit such additional information, in such
				form as the Board may prescribe. In no event shall the request for additional
				information extend the review period by more than sixty (60) days from the date
				the receipt of the Agency's original request for review.
5.4. Any project which an agency desires to
				have constructed using the Design-Build process, regardless of how the project
				is originally developed or funded, shall obtain approval of the West Virginia
				Design-Build Board. The requirement includes projects initially funded, in
				whole or in part, by a private developer that ultimately will be owned by the
				Agency. Upon receipt of the Board's determination that the Project is
				appropriate as a Design-Build project, the Agency shall comply with the
				provisions of this rule.
5.5. Upon
				project approval by the Board, the Agency shall submit to the Board monthly
				reports detailing the progress of the approved project. The reports shall
				continue until the completion of construction to ensure that the Agency has
				complied with all requirements established by the Board approval of the
				project.
5.6. If any requirement
				imposed by the Board is not satisfied, the Board may withdraw its approval of
				the project at any time prior to the start of construction. If the Board
				withdraws its approval, the Agency may not proceed with the project as a
				design-build project until the requirements set forth in the Board's approval
				and the requirements of this article are met, as determined by the
				Board.
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 148-11-6 - Procedures for Selection of Performance Criteria Developer and Preparation of the Performance Criteria

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Selection of Performance Criteria
				Developer.
6.1.1. Upon receipt of the Design-
				Build Board's approval that a project is appropriate as a Design-Build Project
				the Agency shall employ a registered architect or engineer, to be known as the
				Performance Criteria Developer. The Performance Criteria Developer shall be
				selected in accordance with W.Va. Code §
										5G-1-1,
				et. seq. unless the agency uses a licensed architect or engineer who is an
				employee of the Agency for projects with a construction cost estimated to be
				one million or less. For projects for which the construction cost is estimated
				to be more than one million dollars ($1,000,000), the Performance Criteria
				Developer shall not be an employee of the Agency.
6.1.2. In addition to the provisions of W.Va.
				Code § 5G-I-1, the Agency shall consider the following factors when
				selecting the Performance Criteria Developer:
6.1.2.a. Education, training, general
				experience and West Virginia licensure to practice Architectural or Engineering
				services.
6.1.2.b. Prior experience
				with projects of similar size, scope, and complexity; and
6.1.2.c. Prior experience with Design-Build
				contracts, as appropriate, or substantially similar experience.
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 148-11-7 - Procedures for Selection of Most Qualified Design-Builders Prior to the Release of the Invitation for Proposals

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Architects, contractors and engineers
				shall satisfy qualification requirements as defined by W. Va. Code §
									5-22A-1,
				et seq., and the applicable rules.
7.1.1. All
				Design Builders shall be reviewed by the contracting agency for the following
				qualification factors/performance areas:
a.
				Licensing, insurance, bonding and evidence of good standing with the State of
				West Virginia and the Agency;
b.
				Experience and technical expertise with projects of similar size and
				scope;
c. History (minimum of five
				(5) years if available) of past performance with similar projects, including
				owner's names, owner contact, project type, location, floor area, time to
				complete and final cost;
d.
				Qualifications, experience and licenses of key management and professional
				staff;
e. Staffing
				capabilities;
f. Capacity to
				accomplish work in required time to include disclosure of present
				workload;
g. Quality control and
				quality assurance policies and programs;
h. Safety record to include the safety and
				drug testing policies and programs;
i. Subcontracting plan(s) including the
				qualifications and capabilities of known subcontractors; and
j. Architects and engineers of record and
				their West Virginia seals.
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 148-11-8 - Preparation and Contents of the Invitation for Qualifications and Invitation for Proposals

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. After
				the Agency and the Performance Criteria Developer develops the Performance
				Criteria Package, the Agency and the Performance Criteria Developer shall
				develop an Invitation for Proposals(IFP) and an Invitation for Qualifications
				(IFQ).
8.2. The Agency shall issue
				an IFQ to interested Design Builders. The IFQ shall comply with W.Va Code
				§
									5-22A-9a(a).
				Design-Builders desiring to submit proposals on the design-build projects shall
				submit a statement of qualifications setting forth the qualifications of the
				firm's involved in the design-build team and providing any other information
				required by the IFQ.
8.3. The
				purpose of the Performance Criteria package and the IFP is to furnish
				sufficient information so that Design-Builders may prepare both qualitative and
				cost proposals. The Design-Builder to whom the contract is awarded is
				responsible for development of a detailed design based on the criteria in the
				Performance Criteria package and for construction of the facility in compliance
				with the Performance Criteria Package.
8.4. The IFP shall comply to W.Va. Code
				§
									5-22A-10
				and also contain: The Performance Criteria package; instructions to bidders;
				bid proposal forms; bid security requirements; provisions for contracts;
				general and special conditions; the basis for evaluation of proposals; methods
				of substantiation to be used during the design process; and the construction
				process to verify that the design and construction comply with the performance
				criteria.
8.5. The IFQ will be
				issued to all who qualify.
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 148-11-9 - The Procedure for Preparing and Submitting Proposals

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. All proposals must comply with W.Va.
				Code §
									5-22A-11.
9.2. Design-Builders shall submit their
				proposals to the Agency offices by the date established in the IFQ. If that
				date is Saturday, Sunday or a legal holiday, the period shall run until
				5:00p.m. of the next day that is not a Saturday, Sunday or legal
				holiday.
9.3. Design-Builders shall
				complete all necessary forms provided by the agency and include the completed
				forms with their proposals.
9.4.
				Design-Builders may submit written questions and comments to the Agency
				concerning the requirements of the IFP. The Agency shall prepare and make
				available to the Design-Builders addenda that respond to their questions and
				comments.
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 148-11-10 - The Procedures for Evaluating Proposals

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The Technical Review Committee shall
				segment all proposals received from Design-Builders in response to an IFP into
				two (2) parts:
a. Qualitative Proposal. A
				qualitative proposal shall include response to the IFP, except the cost
				proposal, as set forth in subdivision (b) of this subsection. The qualitative
				proposal shall remain sealed until the Technical Review Committee is assembled
				and ready to review and score the proposals.
b. Cost Proposal. The cost proposal shall be
				submitted in a separate sealed package that is clearly labeled as a cost
				proposal. The package shall clearly identify the Design-Builder's name, project
				description, or any other information required by submission of proposals. The
				cost proposal shall be secured until the time provided in the IFP. Cost
				proposals shall include one (1) cost for all design and construction of the
				proposed project. An original signature raised seal bond for five (5) percent
				bid security shall be attached to the cost proposal.
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 148-11-11 - Negotiations Prior to Award of Contract

Current through Register Vol. XLI, No. 28, July 12, 2024
Negotiations between the apparent successful bidder and the
				  Agency prior to award of a contract may not result in a contract amount which
				  would change the outcome of the original bid. See W. Va. Code §
									5-22A-6(7)
				  and § 5-22A-11(e).
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 148-11-13 - Monitoring by the Design-Build Board

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The Agency shall report, at a minimum
				of a monthly interval, to the Design-Build Board as to the progress of the
				project.
13.2. The Design-Build
				Board may terminate their approval of a project after written notice, and
				discussions with the Agency, at any time prior to the start of construction if
				any requirement of the project is not satisfied.
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 148-11-15 - Public Emergencies

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. If an
				application for a Design-Build proposal is filed which indicates a public
				emergency, the Design-Build Board shall take immediate action to determine if
				the project meets the criteria for a Design-Build project.
15.2. If the criteria are satisfied, the
				Board shall meet to approve or disapprove the application. If this situation
				occurs, the Board shall file a notice of emergency meeting with the Secretary
				of State in accordance with the Open Governmental Meetings Act.
15.3. A Design-Build project application may
				not indicate a public emergency if the emergency indicated is the result of
				self-imposed hardships, such as, neglect, poor planning or a lack of
				organization by the applicant.