West Virginia Code of State Rules › Agency 60 - Environmental Protection - Secretary's Office › Title 60 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT › Series 60-13 - Design Build Program › Section 60-13-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				"Department" means the West Virginia Department of Environmental Protection
				created and established under W. Va. Code §
									22-1-1
et
				seq.
2.2.
				"Engineering/design services" are those professional services within the scope
				of the practice of engineering.
2.3. "Best Value" same as Value-based; see
				below.
2.4. "Business" means any
				corporation, partnership, individual sole proprietorship, joint stock company,
				joint venture, or any other private legal entity.
2.5. "Change order" means a written order
				signed by the procurement officer, directing the contractor to suspend work or
				make changes, which the appropriate clauses of the contract alteration in
				specification, delivery point, rate of delivery, period of performance, price,
				quantity, or other provisions of any contract accomplished by mutual action of
				the parties to the contract.
2.6.
				"Construction" means the process of building, renovating, altering, improving,
				or repairing.
2.7. "Construction
				does not mean the routine operation, routine repair, or routine maintenance of
				existing structures, buildings, or real property.
2.8. "Contract" means any state agreement for
				the procurement or disposal of supplies, services, design, or
				construction.
2.9. "Design-Build"
				means a project delivery method whereby the design and construction phases are
				combined into a single project. This method of design and construction can
				include the design-build provider acquiring the right of way as part of the
				contract.
2.10. "Local Governmental
				Agencies" means counties; municipalities; watershed improvement districts; soil
				conservation districts; sanitary districts; public service districts; drainage
				districts; regional governmental authorities and any other governmental agency,
				entity, political subdivision, public corporation or agency having the
				authority to acquire, construct or operate public water facilities, storm-water
				systems or wastewater facilities.
2.11. "Maintenance" refers to a commitment to
				maintain a highway facility in an acceptable condition for an established
				period of time.
2.12. "Owner" means
				the West Virginia Department of Environmental Protection.
2.13. "Procurement" means buying, purchasing,
				renting, leasing, leasing with an option to purchase, or otherwise acquiring
				any supplies, service, or construction. It also includes all projects or
				functions that pertain to the obtaining of any supply, service, or
				construction, including description of requirements, selection, and
				solicitation of sources, preparation, and award of a contract, and all phases
				of contract administration.
2.14.
				"Request for Proposals" (RFP) means an advertisement requesting proposals for
				work in accordance with the requirements outlined in the design-build criteria
				package.
2.15. "Request for
				Qualifications" (RFQ) means an advertisement requesting statements of
				qualifications. It contains at least the desired minimum qualifications of the
				designbuilder, criteria for evaluation, a scope of work statement, and general
				project requirements.
2.16.
				"Responsive bidder or proposer" means an entity or person who has submitted a
				bid or proposal which conforms in all material respects to the invitation for
				dibs or request for proposals.
2.17. "Secretary" means the cabinet secretary
				of the West Virginia Department of Environmental Protection.
2.18. "Sealed" does not prelude acceptance of
				electronically sealed and submitted bids or proposals in addition to bids or
				proposals manually sealed and submitted.
2.19. "Services" means the furnishing of
				labor, time, or effort by a contractor, not involving the delivery of a
				specific end project other than reports which are merely incidental to the
				required performance. It does not include employment agreements or collective
				bargaining agreements.
2.20.
				"Specification" means any description of the physical or functional
				characteristics, or of the nature of a supply, service, or construction item
				for delivery.
2.21. "State" means
				the State of West Virginia.
2.22.
				"Stipend" refers to the fee paid to unsuccessful firms for development of a
				responsive proposal.
2.23.
				"Supplies" means all property, including equipment, materials, and
				printing.
2.24. "Value-based"
				refers to a procurement process where price and other key factors are
				considered in the evaluation and selection process.