West Virginia Design-Build Procurement Act
West Virginia · General Powers and Authority of the Governor, Secretary of State and Attorney General; Board of Public Works; Miscellaneous Agencies, Commissions, Offices, Programs, Etc · §§ 5-22A-1 to 5-22A-9a · 17 sections
Overview
The act authorizes public agencies to procure construction projects through design-build contracts, in which a single contracting party is responsible for both the design and the construction of a project. It establishes a design-build board of appointed members that adopts implementing rules, approves proposed projects, and monitors them, and it sets out the public policy basis and the conditions that must be met before such a contract may be awarded. Procurement runs in stages: an invitation for qualifications is used to identify and select eligible design-builders, who then submit proposals measured against a defined project scope and performance criteria, with further provisions covering acceptance and withdrawal of proposals and final certification of the completed work.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 1 court decision.
Most-cited authority: 236 W. Va. 351 - Wiseman Construction Co. v. Maynard C. Smith Construction Co.
Sections covered
- W. Va. Code § 5-22A-1Short title; applicability of article1 cite
- W. Va. Code § 5-22A-10Invitation for proposals
- W. Va. Code § 5-22A-11Proposals
- W. Va. Code § 5-22A-12Acceptance of design-build proposal
- W. Va. Code § 5-22A-13Construction and final certification
- W. Va. Code § 5-22A-14Withdrawal of proposals
- W. Va. Code § 5-22A-15Chapter 5 — General Powers and Authority of the Governor, Secretary of State and Attorney General; Board of Public Works; Miscellaneous Agencies, Commissions, Offices, Programs, Etc › Article 22A — Design-Build Procurement Act
- W. Va. Code § 5-22A-16Severability
- W. Va. Code § 5-22A-2Definitions
- W. Va. Code § 5-22A-3Public policy; conditions for contract
- W. Va. Code § 5-22A-4Design-Build Board and members; appointments; expense reimbursement; meetings
- W. Va. Code § 5-22A-5Duties of board to approve and monitor projects
- W. Va. Code § 5-22A-6Design-build rules
- W. Va. Code § 5-22A-7Design-builder qualifications; duties and powers
- W. Va. Code § 5-22A-8Development of performance criteria
- W. Va. Code § 5-22A-9Scope of project
- W. Va. Code § 5-22A-9aInvitation for qualifications; selection of design-builders
Enacted in other states
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