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Chapter 5     Entire Code
‹ Chapter 04  |  Chapter 05A › Printer Friendly Versions
Chapter 5  |  Article 5 - 22  |  Section 1

1 - THE GOVERNOR

1A - ITEMIZATION OF PROPOSED APPROP

1B - CHIEF TECHNOLOGY OFFICER

1C - SCIENCE AND TECHNOLOGY COUNCIL

1D - GOVERNOR'S OFFICE OF FISCAL RI

1E - HEALTHY WEST VIRGINIA PROGRAM

2 - SECRETARY OF STATE

3 - ATTORNEY GENERAL

4 - BOARD OF PUBLIC WORKS

5 - SALARY INCREASE FOR STATE EMPLO

6 - STATE BUILDINGS

7 - SOCIAL SECURITY AGENCY

8 - PUBLIC RECORDS MANAGEMENT AND P

9 - DEPARTMENT OF COMMERCE

10 - WEST VIRGINIA PUBLIC EMPLOYEE

10A - DISQUALIFICATION FOR PUBLIC

10B - GOVERNMENT EMPLOYEES DEFERRE

10C - GOVERNMENT EMPLOYEES RETIREM

10D - CONSOLIDATED PUBLIC RETIREME

11 - HUMAN RIGHTS COMMISSION

11A - WEST VIRGINIA FAIR HOUSING A

12 - WEST VIRGINIA ANTIQUITIES COM

13 - PUBLIC EMPLOYEES' AND TEACHER

14 - WEST VIRGINIA COMMISSION FOR

14A - WEST VIRGINIA INTERPRETER FO

15 - WHITE CANE LAW

16 - WEST VIRGINIA PUBLIC EMPLOYEE

16A - THE WEST VIRGINIA HEALTH CAR

16B - WEST VIRGINIA CHILDREN'S HEA

16C - PRESCRIPTION DRUG COST MANAG

16D - WEST VIRGINIA RETIREMENT HEA

17 - WEST VIRGINIA COMMISSION ON E

18 - WEST VIRGINIA CABLE TELEVISIO

18A - TENANTS' RIGHTS TO CABLE SER

19 - DOMESTIC ALUMINUM, GLASS AND

20 - THE GOVERNOR'S COMMISSION ON

21 - ENERGY COST REDUCTION GUIDELI

22 - GOVERNMENT CONSTRUCTION CONTR
    5 - 22 - 1
    5 - 22 - 2

22 A - WEST VIRGINIA MUNICIPAL POL

22A - DESIGN-BUILD PROCUREMENT ACT

23 - COMMISSION ON MASS TRANSPORTA

24 - WEST VIRGINIA FOREST MANAGEME

25 - RESIDENT TRUSTEE ACCOUNTS

26 - GOVERNOR'S CABINET ON CHILDRE

26 - HERBERT HENDERSON OFFICE OF M

26A - WEST VIRGINIA COMMISSION FOR

27 - SEVERABILITY

28 - COMMISSION ON HOLOCAUST EDUCA

29 - EXPEDITIOUS ISSUANCE OF LICEN

WVC 5- CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
WVC -22- ARTICLE 22. GOVERNMENT CONSTRUCTION CONTRACTS.

WVC 5 - 22 - 1 §5-22-1. Bidding required; government construction contracts to go to lowest qualified responsible bidder; procedures to be followed in awarding government construction projects; penalties for violation of procedures and requirements debarment; exceptions.

     (a) This section and the requirements in this section may be referred to as the West Virginia Fairness In Competitive Bidding Act.

     (b) As used in this section:

     (1) "Lowest qualified responsible bidder" means the bidder that bids the lowest price and that meets, as a minimum, all the following requirements in connection with the bidder?s response to the bid solicitation. The bidder must certify that it:

     (A) Is ready, able and willing to timely furnish the labor and materials required to complete the contract;

     (B) Is in compliance with all applicable laws of the State of West Virginia; and

     (C) Has supplied a valid bid bond or other surety authorized or approved by the contracting public entity.

     (2) "The state and its subdivisions" means the State of West Virginia, every political subdivision thereof, every administrative entity that includes such a subdivision, all municipalities and all county boards of education.

     (3) "State spending unit" means a department, agency or institution of the state government for which an appropriation is requested, or to which an appropriation is made by the Legislature.

     (c) The state and its subdivisions shall, except as provided in this section, solicit competitive bids for every construction project exceeding $25,000 in total cost. A vendor who has been debarred pursuant to the provisions of sections thirty-three-b through thirty-three-f, inclusive, article three, chapter five-a of this code may not bid on or be awarded a contract under this section. All bids submitted pursuant to this chapter shall include a valid bid bond or other surety as approved by the State of West Virginia or its subdivisions.

     (d) Following the solicitation of bids, the construction contract shall be awarded to the lowest qualified responsible bidder who shall furnish a sufficient performance and payment bond. The state and its subdivisions may reject all bids and solicit new bids on the project.

     (e) The apparent low bidder on a contract valued at more than $250,000 for the construction, alteration, decoration, painting or improvement of a new or existing building or structure with a state spending unit shall submit a list of all subcontractors who will perform more than $25,000 of work on the project including labor and materials. This section does not apply to other construction projects such as highway, mine reclamation, water or sewer projects. The list shall include the names of the bidders and the license numbers as required by article eleven, chapter twenty-one of this code. This information shall be provided to the state spending unit within one business day of the opening of bids for review prior to the awarding of a construction contract. If no subcontractors who will perform more than $25,000 of work are to be used to complete the project it will be noted on the subcontractor list. Failure to submit the subcontractor list within one business day after the deadline for submitting bids shall result in disqualification of the bid.

     (f) Written approval must be obtained from the state spending unit before any subcontractor substitution is permitted. Substitutions are not permitted unless:

     (1) The subcontractor listed in the original bid has filed for bankruptcy;

     (2) The state spending unit refuses to approve a subcontractor in the original bid because the subcontractor is under a debarment pursuant to section thirty-three-d, article three, chapter five-a of this code or a suspension under section thirty-two, article three, chapter five-a of this code; or

     (3) The contractor certifies in writing that the subcontractor listed in the original bill fails, is unable or refuses to perform the subcontract.

     (g) The contracting public entity may not award the contract to a bidder which fails to meet the minimum requirements set out in this section. As to a prospective low bidder which the contracting public entity determines not to have met one or more of the requirements of this section or other requirements as determined by the public entity in the written bid solicitation, prior to the time a contract award is made, the contracting public entity shall document in writing and in reasonable detail the basis for the determination and shall place the writing in the bid file. After the award of a bid under this section, the bid file of the contracting public agency and all bids submitted in response to the bid solicitation shall be open and available for public inspection.

     (h) A public official or other person who individually or together with others knowingly makes an award of a contract under this section in violation of the procedures and requirements of this section is subject to the penalties set forth in section twenty-nine, article three, chapter five-a of the Code of West Virginia.

     (i) No officer or employee of this state or of a public agency, public authority, public corporation or other public entity and no person acting or purporting to act on behalf of an officer or employee or public entity shall require that a performance bond, payment bond or surety bond required or permitted by this section be obtained from a particular surety company, agent, broker or producer.

     (j) All bids shall be open in accordance with the provisions of section two of this article, except design-build projects which are governed by article twenty-two-a of this chapter and are exempt from these provisions.

     (k) Nothing in this section applies to:

     (1) Work performed on construction or repair projects by regular full-time employees of the state or its subdivisions;

     (2) Prevent students enrolled in vocational educational schools from being utilized in construction or repair projects when the use is a part of the student?s training program;

     (3) Emergency repairs to building components and systems. For the purpose of this subdivision, the term emergency repairs means repairs that if not made immediately will seriously impair the use of building components and systems or cause danger to persons using the building components and systems; and

     (4) A situation where the state or subdivision thereof reaches an agreement with volunteers, or a volunteer group, in which the governmental body will provide construction or repair materials, architectural, engineering, technical or other professional services and the volunteers will provide the necessary labor without charge to, or liability upon, the governmental body. WVC 5 - 22 - 2 §5-22-2. Designation of time and place for opening of bids; right to reject or withdraw bid; bid resubmission.

(a) The public entity accepting public contract bids shall, in its resolution providing for the contract or purchase and for the advertisement for bids, designate the time and place that the bids will be received and shall at that time and place publicly open the bids and read them aloud. No public entity may accept or take any bid, including receiving any hand delivered bid, after the time advertised to take bids. No bid may be opened on days which are recognized as holidays by the United States postal service. No public entity may accept or consider any bids that do not contain a valid bid bond or other surety approved by the state of West Virginia or its subdivisions.

(b) The provisions and requirements of this section, section one of article twenty-two of this chapter, the requirements stated in the advertisement for bids and the requirements on the bid form may not be waived by any public entity. The public entity may only reject an erroneous bid after the opening if all of the following conditions exist: (1) An error was made; (2) the error materially affected the bid; (3) rejection of the bid would not cause a hardship on the public entity involved, other than losing an opportunity to receive construction projects at a reduced cost; and (4) enforcement of the bid in error would be unconscionable. If a public entity rejects a bid, it shall maintain a file of documented evidence demonstrating that all the conditions set forth in this subdivision existed. If the public entity determines the bid to be erroneous, the public entity shall return the bid security to the contractor.

(c) A contractor who withdraws a bid under the provisions of this section may not resubmit a bid on the same project. If the bid withdrawn is the lowest bid, the next lowest bid may be accepted.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
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