West Virginia Code § 5-22A-12

Acceptance of design-build proposal
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(a) The design-builder shall submit the proposal to the agency as required in the invitation
for proposals. Clarifications may be required to ensure conformance of proposals with the
performance criteria. In seeking clarifications, the performance criteria developer may not
reveal any aspect of any proposal to any other design-builder. The performance criteria
developer must certify that the proposal complies with the performance criteeria.
(b) In the event the agency receives fewer than three proposals, the board shall, in
consultation with the Secretary of the Department of Administration, determine whether the
agency may proceed or shall start the invitations for qualificationus process over.
(c) After receiving the proposals, the technical review committee shall evaluate and score
the technical submissions based upon the criteria and procedures set forth in the invitation
for proposals.
(d) The agency shall submit the technical submissiolns, including the scores of the technical
submissions, to the board. The agency shall msake the scores of the technical submissions
available for public review.
(e) The Board shall ascertain that the technical submissions comply with the requirements of
this article and shall notify the agency of its approval. The agency shall open the cost
submissions and accept the proposal that receives the best score, as set forth in the
legislative rules promulgated pursuant to section six of this article.
(f) The agency shall notify the design-builder in writing that its proposal was accepted. At
the same time notice of acceptance is delivered, the agency shall also inform, in writing, the
design-builders whos e proposals were not accepted. When a design-builder receives
notification thVat its proposal was not accepted, the design-builder may, within three days
after receipt of such notification, request in writing a copy of the scores and all other factors
used or considered in the selection process.

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