April 25, 2022 09:17 AM EDT

IMPORTANT NOTICE:  The letting previously scheduled for May 10, 2022, has been moved to May 17, 2022, at 10:00 a.m., due to the Primary Election.  A letting will NOT be held on May 10, 2022.

March 01, 2022 07:32 AM EST

Please be advised that the two West Virginia Division of Highways (WVDOH) procedures detailed below were revised as of January 1, 2022.

Bid Analysis

For the apparent low bid received on a given proposal, each individual bid item unit price will be compared with the Engineers estimate for that specific item.  Also, each individual bid item unit price will be compared with the average bid price of all bidders on the project for that specific item.

Any proposal with one or more items that have a greater than 25% variance in bid item unit prices compared with the Engineers estimate for that specific item and/or a greater than 25% variance in average bid price of all bidders for that specific item, will be considered a large variance that requires additional review.  This may be justification for the WVDOH to declare the proposal irregular.     

Contractor Prequalification

Currently Prequalified Contractors

The WVDOH has transitioned currently prequalified contractors into the new Prequalification System (new System) and sent Certificates of Contractor Qualification (Certificate). 

Contractors who received a Certificate of Qualification dated January 1, 2022, are NOT required to submit a revised Contractor Prequalification Application.

Contractors Not Currently Prequalified

Any contractor not currently prequalified with the WVDOH who wishes to bid or perform work on projects let after January 1, 2022, must submit a Contractor Prequalification Application (Fillable PDF form / Google form) and receive a Certificate of Qualification.  Certificates dated prior to January 1, 2022, are no longer valid.

Subcontractors

Under the new System, subcontractors must be prequalified to perform work on any project let by the WVDOH.  Contractors who wish to perform work as a subcontractor on projects let on or after January 1, 2022, are required to submit a Contractor Prequalification Application (Fillable PDF form / Google form) and receive a Certificate of Qualification before any subcontractor requests will be approved.  Additional details are available in the Application.

 Links to Information on Contractor Prequalification:

 Contractor Prequalification (wv.gov)

 Frequently Asked Questions (wv.gov)

Pursuant to W.Va. Code 6D-1- et seq, each business entity who is awarded a contract or a series of contracts that has/have an actual or estimated value of $1,000,000.00 will be required to complete a West Virginia Ethics Commission Disclosure of Interested Parties to Contracts Form (Form). The West Virginia Division of Highways (WVDOH) may not enter into a contract with the business entity until the initial required Form is filed with Contract Administration Division. In addition, the business entity awarded a contract is obligated to submit a Supplemental Disclosure Form listing any new or differing interested parties within 30 days following the completion or termination of the contract. The Form will be sent with the contract and bond when an entity is awarded a contract.

View the West Virginia Ethics Commission Disclosure of Interested Parties to Contracts Form

MONETARY OBLIGATIONS OWED TO THE STATE

Pursuant to W. Va. Code 5-22-1(i), the WVDOH may not award a construction contract to any bidder that is known to be in default on any monetary obligation owed to the State or a political subdivision of the State, including, but not limited to, obligations related to payroll taxes, property taxes, sales and use taxes, fire service fees, or other fines or fees. An AFFIDAVIT form has been created by the WVDOH and will be sent via email to your company whenever your company is deemed the apparent low bidder and/or until advised otherwise. 

Additionally, pursuant to W. Va. Code 11-10-5cc, the West Virginia State Tax Department and the Commissioner of Highways may, per agreement, share certain corporate tax information, including, but not limited to, information related to contractors and subcontractors.  These legislative measures were passed to better ensure that companies engaged in public contract work comply with the States tax laws.

Pursuant to section 108.1 of the WVDOH Standard Specifications for Roads and bridges (adopted 2017), all subcontractors must first be approved by the agency before completing any subcontracting work. Accordingly, it will now be a requirement that a Subcontractor Affidavit be signed for any proposed subcontractor to affirm under oath that it does not owe a defaulting monetary obligation to the State or any of the States political subdivisions.

DISADVANTAGED BUSINESS ENTERPRISE UTILIZATION

The WVDOH is committed to assuring the participation of Disadvantaged Business Enterprises (DBEs) in our highway construction program. When a DBE goal is required it is the responsibility of all bidders to submit their DBE Participation Plan no later than five (5) calendar days after bid opening.  Plans shall be submitted by e-mail to dot.eeo@wv.gov, fax 304-558-4236, or personal delivery and MUST be received by the WVDOH Civil Rights Compliance Division no later than 4:00 PM eastern time on the submission date.

QUESTIONS AND ANSWERS GENERAL PROCEDURES

All projects advertised by the WVDOH for bidding via the Bid Express website at https://www. bidx.com will require questions to be asked using the Questions and Answers feature link displayed in the "Also Available" section of the proposal page. Questions received through phone, email or other mechanisms shall not be answered and will otherwise be considered void.

Everyone will have the opportunity to ask a question and read through questions that have already been answered. Please note that individuals do not have to be a member of Bid Express to ask a question or read through questions that have already been answered.

Questions and Answers are for "INFORMATIONAL PURPOSES ONLY" and shall not be intended as an alternative to the amendment process.

Any individual that communicates directly with WVDOH personnel concerning an advertised project will be directed to the Questions and Answers feature on the Bid Express website at https://www.bidx.com. No WVDOH personnel shall communicate any issues concerning an advertised project with anyone outside of the Agency.

View the complete Questions and Answers Policy

CONTRACTOR PREQUALIFICATION

All prime contractors must be prequalified with the WVDOH before being approved for a Bidx Bidder ID.  Additionally, a prequalification statement must be filed with the WVDOH no later than 15 calendar days prior to the date set for receiving bids on projects on which the contractor may wish to submit a bid.  Subcontractors must be prequalified before performing work on a project let by the WVDOH.

View Information on Contractor Prequalification

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