Senate Bill No. 328
(By Senator Jones)
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[Introduced March 9, 1993;; referred to the Committee
on Finance.]
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A BILL to amend and reenact section three, article one, chapter
five-g of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to contracts for
architectural and engineering services generally; and
providing that agencies may use alternative methods to reach
agreement on certain contracts.
Be it enacted by the Legislature of West Virginia:
That section three, article one, chapter five-g of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 1. PROCUREMENT OF ARCHITECT - ENGINEER SERVICES.
§5G-1-3. Contracts for architectural and engineering services;
selection process where total project costs are estimated to
cost two hundred fifty thousand dollars or more.
In the procurement of architectural and engineering services
for projects estimated to cost two hundred fifty thousand dollars
or more, the director of purchasing shall encourage such firmsengaged 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
such 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 a minimum of three firms which, in their opinion, are
best qualified to perform the desired service. 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 services or both. 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 qualifiedprofessional firm. Should the agency be unable to negotiate a
satisfactory contract with any of the selected professional
firms, it shall 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.
NOTE: The purpose of this bill is to allow state agencies
to restart a selection process for architectural or engineering
services if it is unable to negotiate a satisfactory contract
with a previously selected firm.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.