HB2942 S EIM AM 3-17
Kraus 7502
The Committee on Energy, Industry, and Mining moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
(a) Notwithstanding any provision of this code to the contrary, the secretary of the West Virginia Department of Environmental Protection may expedite the construction of projects by combining the design and construction elements of a project into a single contract as provided in this article.
(b) The secretary shall promulgate procedural rules as the secretary deems to be useful or necessary to carry out the purpose of this article and to implement the intent of the Legislature in accordance with the provisions of §29A-3-1 et seq. of this code, which must provide at a minimum:
(1) The application process for approval of a design-build project;
(2) The procedure for selecting the most qualified design-builders prior to the release of the invitation for proposals;
(3) The procedure for the preparation and contents of invitations for proposals;
(4) The procedure for preparing and submitting proposals;
(5) The procedure for evaluating proposals;
(6) The procedure for negotiations between the agency and those submitting proposals prior to the acceptance of a proposal, if any such negotiations are contemplated;
(7) The procedure for awarding and executing design-build contracts; and
(8) The procedure for acting on formal protests relating to the solicitation or award of design-build contracts.
(c) A design-build project may be let to contract only in accordance with the secretary's procedural rules promulgated pursuant to the provisions of this article: Provided, That only contracts awarded directly by the Department of Environmental Protection may utilize the design-build delivery method authorized pursuant to the provisions of this article: Provided, however, design-build delivery projects awarded pursuant to the provisions of this article may not exceed a total aggregate value of $50 $75 million.
(a) On or before January 15, 2024, and annually thereafter, the secretary shall prepare and submit to the Joint Committee on Government and Finance a written report, which may be transmitted electronically, evaluating the experience of the West Virginia Department of Environmental Protection with each design-built project completed pursuant to the provisions of this article during the prior calendar year, including whether the department realized any cost or time savings, the number and cost of change orders, the quality of work performed, the number of bids received, and other issues the secretary considers appropriate.
(b) The provisions of this article expire and shall have no force and effect after December 31, 2025 2027.
Adopted
Rejected