Introduced Version
Senate Bill 20 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 20
(By Senator Sypolt)
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[Introduced January 13, 2010; referred to the Committee on
Government Organization.]
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A BILL to amend and reenact §5G-1-1, §5G-1-2, §5G-1-3 and §5G-1-4
of the Code of West Virginia, 1931, as amended, all relating
to requiring the State of West Virginia and its political
subdivisions to procure surveying services on the basis of
demonstrated competence and qualification for the type of
surveying services required; and setting forth the selection
processes for projects both greater than and less than
$250,000.
Be it enacted by the Legislature of West Virginia:
That §5G-1-1, §5G-1-2, §5G-1-3 and §5G-1-4
of the Code of West
Virginia, 1931, as amended, be amended and reenacted, all to read
as follows:
ARTICLE 1. PROCUREMENT OF ARCHITECT-ENGINEER-SURVEYOR SERVICES.
§5G-1-1. Declaration of legislative policy.
The Legislature hereby declares it to be the policy of the state, and its political subdivisions, to procure architectural, or
engineering or surveying services or both on the basis of
demonstrated competence and qualification for the type of
professional services required.
§5G-1-2. Definitions.
As used in this section:
(a) The term "agency" means all state departments, agencies,
authorities, quasipublic corporations and all political
subdivisions, including cities, counties, boards of education and
public service districts, except, for the purposes of this section,
the term "agency" does not include the state institutions of higher
education known as Marshall University and West Virginia
University.
(b) The term "architectural and engineering and surveying
services" includes those professional services of an architectural,
or engineering or surveying nature as well as incidental services
that members of those professions and those in their employ may
logically or justifiably perform.
(c) The term "director of purchasing" means any individual
assigned by any agency to procure the services of architects and
engineers and surveyors.
(d) The term "firm" or "professional firm" means any
individual, firm, partnership, corporation, association or other
legal entity permitted by law to practice the professions of architecture, and engineering or surveying.
§5G-1-3. Contracts for architectural, engineering and surveying
services; selection process where total project costs
are estimated to cost $250,000 or more.
In the procurement of architectural, and engineering services,
and surveying for projects estimated to cost $250,000 or more, the
director of purchasing shall encourage firms engaged in the lawful
practice of the profession to submit an expression of interest,
which shall include a statement of qualifications and performance
data, and may include anticipated concepts and proposed methods of
approach to the project. All jobs shall be announced by public
notice published as a Class II legal advertisement in compliance
with the provisions of article three, chapter fifty-nine of this
code. A committee of three to five representatives of the agency
initiating the request shall evaluate the statements of
qualifications and performance data and other material submitted by
interested firms and select three firms which, in their opinion,
are best qualified to perform the desired service: Provided, That
on projects funded, wholly or in part, by School Building Authority
moneys, in accordance with sections fifteen and sixteen, article
nine-d, chapter eighteen of this code, two of said three firms
shall have had offices within this state for a period of at least
one year prior to submitting an expression of interest regarding a
project funded by School Building Authority moneys. Interviews with each firm selected shall be conducted and the committee shall
conduct discussions regarding anticipated concepts and proposed
methods of approach to the assignment. The committee shall then
rank, in order of preference, no less than three professional firms
deemed to be the most highly qualified to provide the services
required, and shall commence scope of service and price
negotiations with the highest qualified professional firm for
architectural, or engineering or surveying services or both all
such services. Should the agency be unable to negotiate a
satisfactory contract with the professional firm considered to be
the most qualified, at a fee determined to be fair and reasonable,
price negotiations with the firm of second choice shall commence.
Failing accord with the second most qualified professional firm,
the committee shall undertake price negotiations with the third
most qualified professional firm. Should the agency be unable to
negotiate a satisfactory contract with any of the selected
professional firms, it shall select additional professional firms
in order of their competence and qualifications and it shall
continue negotiations in accordance with this section until an
agreement is reached: Provided, however, That county boards of
education may either elect to start the selection process over in
the original order of preference or it may select additional
professional firms in order of their competence and qualifications
and it shall continue negotiations in accordance with this section until an agreement is reached: Provided further, That for any
water or wastewater construction project the engineering design and
construction inspection costs may not exceed the amount calculated
pursuant to the compensation curves for consulting engineering
services based upon project construction costs published by the
American Society of Civil Engineers manual of practice, unless
granted a variance by the Infrastructure and Jobs Development
Council established pursuant to article fifteen-a, chapter thirty-
one of this code.
§5G-1-4. Contracts for architectural, engineering and surveying
services; selection process where total project costs
are estimated to cost less than $250,000.
In the procurement of architectural, and engineering and
surveying services for projects estimated to cost less than
$250,000, competition shall be sought by the agency. The agency
shall conduct discussions with three or more professional firms
solicited on the basis of known or submitted qualifications for the
assignment prior to the awarding of any contract: Provided, That
if a judgment is made that special circumstances exist and that
seeking competition is not practical, the agency may, with the
prior approval of the director of purchasing, select a firm on the
basis of previous satisfactory performance and knowledge of the
agency's facilities and needs. After selection, the agency and
firm shall develop the scope of services required and negotiate a contract.
NOTE:
The purpose of this bill is to require the State of West
Virginia and its political subdivisions to procure surveying
services based on demonstrated competence and qualification for the
type of surveying services required.
The bill also sets forth the
selection processes for projects both greater than and less than
$250,000
.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.