Introduced Version
Senate Bill 275 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 275
(By Senator Sypolt)
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[Introduced February 17, 2009; referred to the Committee on
Government Organization.]
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A BILL to amend and reenact §5G-1-1, §5G-1-2, §5G-1-3 and §5G-1-4
of the Code of West Virginia, 1931, as amended, all relating
to the State of West Virginia and its political subdivisions
procuring surveying services on the basis of demonstrated
competence and qualification for the type of professional
services required.
Be it enacted by the Legislature of West Virginia:
That §5G-1-1, §5G-1-2, §5G-1-3 and §5G-1-4
of the Code of West
Virginia, 1931, as amended, be amended and reenacted; all to read
as follows:
ARTICLE 1. PROCUREMENT OF ARCHITECT-ENGINEER-SURVEYOR 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 or surveying services or both on the basis of
demonstrated competence and qualification for the type of
professional services required.
§5G-1-2. Definitions.
As used in this section:
(a) The term "agency" means all state departments, agencies,
authorities, quasipublic corporations and all political
subdivisions, including cities, counties, boards of education and
public service districts, except, for the purposes of this section,
the term "agency" does not include the state institutions of higher
education known as Marshall University and West Virginia
University.
(b) The term "architectural and engineering and surveying
services" includes those professional services of an architectural,
or engineering or surveying nature as well as incidental services
that members of those professions and those in their employ may
logically or justifiably perform.
(c) The term "director of purchasing" means any individual
assigned by any agency to procure the services of architects and
engineers and surveyors.
(d) The term "firm" or "professional firm" means any
individual, firm, partnership, corporation, association or other
legal entity permitted by law to practice the professions of
architecture, and engineering or surveying.
§5G-1-3. Contracts for architectural, engineering and
surveying services; selection process where total
project costs are estimated to cost $250,000 or
more.
In the procurement of architectural, and engineering and surveying 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 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
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,
and shall commence scope of service and price negotiations with the highest qualified professional firm for architectural, or
engineering or surveying services or both all such services.
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 $250,000.
In the procurement of architectural, and engineering and
surveying services for projects estimated to cost less than
$250,000, competition shall be sought by the agency. The agency
shall conduct discussions with three or more professional firms solicited on the basis of known or submitted qualifications 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 relating to the State of
West Virginia and its political subdivisions procuring surveying
services on the basis of demonstrated competence and qualification
for the type of professional services required.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.