West Virginia Code § 5-22B-8

Request for proposal phase
Open in Lexace · Ask the AI about this section
(a) The second phase shall be the request for proposals. Following the selection of
prequalified firms, the state and/or its subdivisions shall prepare a request for proposal for
construction manager at-risk contract proposals. The request for proposal shall consist of
two portions.
(1) Pricing criteria: As part of its preparation for the pricing component of the request for
proposal phase, the state and/or its subdivisions shall establish pricing criteria which shall
contain the following components:
(A) Preconstruction fee;
(B) Construction fee; and
(C) General conditions.
(2) Performance criteria: As part of its preparation for the technical component of the
proposal phase, the state and/or its subdivisions shall establish performance criteria which
may include an evaluation of a firm's proposed:
(A) Schedule;
(B) Approach to the work, incleuding any anticipated self-performed work;
(C) Work sequencing; L
(D) Performance history;
(E) Approaches to performance specifications when used;
(F) Plan for anticipated procurement difficulties;
(G) Plan for additional considerations which may include technical design, technical
approach, quality of proposed personnel, and management plan.
(b) Once the evaluation committee has selected the prequalified firms, the state and/or its
subdivisions shall prepare a request for proposals for each construction management at-risk
contract in accordance with the provisions of this article. At least 30 days prior to the
deadline for receiving and opening proposals, notice of the request shall be published as a
Class II legal advertisement in compliance with the provisions of §59-3-1 et seq. of this code;
and sent by first-class mail to any construction manager upon request.
(c) The request for proposals shall contain, at a minimum, the following elements:
(1) The identity of the state and/or its subdivision for which the project will be built and the
name of the state agency or subdivision that will execute the contract;
(2) The proposed terms and conditions of the construction manager at-risk contract,
including any terms and conditions that are subject to further negotiation. The proposed
general terms and conditions shall be consistent with nationally recognized model general
terms and conditions which are standard in the design and construction industry in West
Virginia. The proposed terms and conditions may set forth an initial determination of the
manner by which the construction manager selects any subcontractor;
(3) Any bonds and insurance required by law or as may be additionally required by the state
and/or its subdivisions; r
(4) General information about the project which will assist the stuate and/or its subdivisions in
its selection of the construction manager, including a project statement that contains
information about the scope and nature of the project, the ptroject site, and the project
schedule;
(5) The criteria for evaluation of proposals;
(6) Estimated construction budget; and s
(7) A description of any other information ithe state and/or its subdivisions may require.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.