West Virginia Code § 5-22B-2

Definitions
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The following terms shall have the following meaning:
"Best value" means a selection process in which proposals contain both pricing and
performance components, an award is based upon a combination of pricing and performance
considerations to determine the offer deemed most advantageous and of the greatest value
to the state spending authority.
"Construction fee" means a combination of home office overhead and profit for services
provided during the construction phase of the project, as definedu in the contract documents.
"Construction management at-risk contract" means a contract by which a construction
manager:
(1) Assumes the legal responsibility to deliver a construction project within a contracted
price; l
(2) Acts as a construction consultant to the state and/or its subdivision during the design
development phase of the project when the state and/or its subdivisions architect or
engineer designs the project; and
(3) Is the builder during the construction phase of the project;
"Construction manager" means the legal entity that proposes to enter into a construction
management at-risk conLtract pursuant to this article;
"General conditions" means materials, services, and equipment necessary to perform the
work but that are not incorporated into the project as defined in the contract documents;
"Letter of interest" means a statement indicating interest to enter into a construction
manWagement at-risk contract for a public project pursuant to this article;
"Lowest qualified responsible bidder" shall have the same meaning as that term is used in
§5-22-1(b) of this code;
"Preconstruction fee" means a combination of home office overhead and profit for services
provided during the preconstruction phase of the project, as defined in the contract
documents;
"Proposal" means an offer in response to a request for proposals by a construction manager
to enter into a construction management at-risk contract for a project pursuant to the
provisions of this article;
"Request for qualifications" means the documentation or publication by which a state and/or
its subdivisions solicits letters of interest detailing a firm's qualifications for a specific
project;
"Request for proposals" means the documentation by which a state and/or its subdivisions
solicits proposals;
"The state and/or 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.

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