Bill Text: WV SB131 | 2019 | Regular Session | Introduced
Bill Title: Modifying procedure for certain public agencies to contract for architectural and engineering services
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-01-09 - To Government Organization [SB131 Detail]
Download: West_Virginia-2019-SB131-Introduced.html
WEST virginia Legislature
2019 regular session
Introduced
Senate Bill 131
By Senator Romano
[Introduced
January 9, 2019; Referred
to the Committee on Government
Organization; and then to the Committee on Finance]
A BILL to amend and reenact §5G-1-3 of the Code of West Virginia, 1931, as amended, relating to modifying the procedure certain public agencies must take in order to contract for certain architectural and engineering services; requiring joint discussions with prospective architectural or engineering firms in certain situations; permitting contract proposals with a fee for service from the firms; replacing the single entity negotiations with a competitive low bid process; and allowing for the public agency to reject all proposed contracts and seek proposals from additional firms.
Be it enacted by the Legislature of West Virginia:
ARTICLE 1. PROCUREMENT OF ARCHITECT-ENGINEER SERVICES.
§5G-1-3. Contracts for architectural and engineering services; selection process where total project costs are estimated to cost $250,000 or more.
(a) In the procurement of architectural and
engineering services for projects estimated to cost $250,000 or more, the
director of purchasing shall encourage 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 jobs shall be announced by
public notice published as a Class II legal advertisement in compliance with
the provisions of §59-3-1 et seq. 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 if such
circumstances exist, such that seeking competition could result in a compromise
to public safety, significantly increase costs, or an extended interruption of essential
services, 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: Provided, however, That
on projects funded, wholly or in part, by School Building Authority moneys, in
accordance with §18-9D-15 and §18-9D-16 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 services or both. 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
(b) Following the selection of the three firms, the committee shall conduct joint discussions regarding anticipated concepts and proposed methods of approach to the assignment with representatives from each of the three firms. The joint discussions are an opportunity to allow all three firms to hear the same details, parameters, and expectations for the project. All three firms are permitted to ask questions openly during the joint discussions and answers shall be provided by the committee orally to all three firms during the joint discussions or by writing to all three firms as soon as practical thereafter. Upon conclusion of the meeting, and any required written follow-up, all three firms will have the same information upon which to structure and calculate their fee for services and present a proposed contract.
(c) Following the joint discussions, the three firms
shall each submit a proposed contract, including estimated costs to the agency
and the agency will use that information, together with the qualifications, in
order to select the lowest, qualified firm from the three options. Should the
agency not be satisfied with the results of proposed contract submissions from
the three firms, the agency may select three additional professional firms
from the original submissions in order of their competence and qualifications
and it shall may continue negotiations joint discussions with
those three firms in accordance with this section until the agency is satisfied
with a proposed contract submission and an agreement is reached. As an
alternative, the agency may initiate the advertising selection process again
and follow all the requirements of this section in order to obtain a new pool
of potential firms. Provided further, 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: And provided further, That for
(d) For any water or wastewater construction project the engineering design and construction inspection costs may not exceed the amount calculated pursuant to the compensation curves for consulting engineering services based upon project construction costs published by the American Society of Civil Engineers manual of practice, unless granted a variance by the Infrastructure and Jobs Development Council established pursuant to §31-15A-1 et seq. of this code.
NOTE: The purpose of this bill is to modify the procedure certain public agencies must take in order to contract for certain architectural and engineering services. The bill requires joint discussions with prospective architectural or engineering firms in certain situations. The bill permits contract proposals with a fee for service from the firms. The bill replaces the single entity negotiations with a competitive low bid process. The bill allows for the public agency to reject all proposed contracts and seek proposals from additional firms.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
