Senate Bill No. 450
(By Senators Buckalew, Kimble, Sharpe and Ross)
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[Introduced February 19, 1996; referred to the Committee
Government Organization; and then to the Committee on Finance
.]
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A BILL to amend and reenact sections one, three and four, article
one, chapter five-g of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, all relating
to the procurement of architect and engineer services;
policy; definitions; selection process; and preference for
in-state architects and engineers.
Be it enacted by the Legislature of West Virginia:
That sections one, three and four, article one, chapter
five-g of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted, all to read as
follows:
ARTICLE 1. PROCUREMENT OF ARCHITECT-ENGINEER 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 services or both on the basis of demonstrated
competence and qualification for the type of professional
services required giving due consideration to domestic architects
and engineers and out-of-state architects and engineers that have
offices in this state.
§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 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
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 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 the 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 interviews with each firm selected and
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,
giving preference first to in-state firms and corporations and
secondly to out-of-state firms and corporations that have bona
fide offices located in West Virginia, 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 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.
§5G-1-4. Contracts for architectural and engineering services;
selection process where total project costs are
estimated to cost less than two hundred fifty
thousand dollars.
In the procurement of architectural and engineering services for projects estimated to cost less than two hundred fifty
thousand dollars, competition shall be sought by the agency. The
agency shall conduct discussions with three or more professional
firms solicited for the assignment on the basis of known or
submitted qualifications, giving preference first to in-state
firms and corporations and secondly to out-of-state firms and
corporations that have bona fide offices located in West
Virginia, 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 provide a preference
for in-state architects and engineers in awarding state contracts
for such services.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.