Current through Register Vol. XLI, No. 36, September 6, 2024
Section 58-10-5 - Procurement of Management, Consultants, Construction, Engineering, Architecture, Enterprise5.1. The provisions of this section shall apply to the procurement of management, consultants, construction, engineering, architecture, enterprises, firms, or persons to assist the Division in meeting its purpose pursuant to W.Va. Code § 20-1-1et seq. as determined necessary or advisable by the Director in his or her sole discretion.5.2. Requirements for purchases of $250,000 or more. 5.2.1. In the procurement of services estimated to cost $250,000 or more, the Director shall encourage such management, consultants, construction, engineering, architecture, enterprises, firms, or persons to submit an expression of interest, which shall include a statement of qualifications, including anticipated concepts and proposed consulting services, advertising, marketing, and advertising campaigns. All potential contracts shall be announced by public notice published as a Class II legal advertisement pursuant to W. Va. Code § 59-3-1et seq.5.2.2. A committee of three to give employees of the Division, as selected by and including the Chief Financial Officer, shall evaluate the statements of qualifications and other materials submitted by interested firms and select three firms which, in their opinion, are best qualified to perform the desired service.5.2.3. The committee shall rank, in order of preference, the three firms selected and shall commence scope of service and price negotiations with the first ranked firm.5.2.4. If the Division is unable to negotiate a satisfactory contract with the first ranked firm, at a fee determined to be fair and reasonable, price negotiations with the firm of second choice shall commence.5.2.5. Failing accord with the second ranked firm, the committee shall undertake negotiations with the third ranked firm.5.2.6. If the Division is unable to negotiate a satisfactory contract with any of the selected firms, the office shall select additional firms in order of their competence and qualifications and it shall continue negotiations in accordance with this section until an agreement is reached.