West Virginia 2023 Regular Session

West Virginia House Bill HB3459

Introduced
2/14/23  

Caption

To allow for a best value procurement evaluation for prequalified bidders

Impact

If enacted, this bill would significantly alter how state purchasing decisions are made. By incorporating the 'best value' evaluation into the procurement process, the state would move away from a strict lowest-cost paradigm. This could lead to more balanced outcomes in the award of contracts, potentially enhancing quality and effectiveness in state-contracted services and commodities. It is anticipated that this change would encourage vendors to improve their offerings and service delivery to remain competitive in the bidding process.

Summary

House Bill 3459 aims to amend the Code of West Virginia by allowing evaluation of prequalified bidders based on a 'best value' procurement process. The bill seeks to ensure that the procurement practices of the state prioritize both cost-effectiveness and qualitative assessments of vendors. Under this proposed change, spending units would be able to select prequalified vendors not just on the lowest bid but also on additional factors that might indicate higher quality or better value for money offered by the vendor.

Sentiment

The general sentiment around HB 3459 appears to be cautiously optimistic, with support coming from those who believe that a more comprehensive evaluation method will yield better results for the state. Advocates argue that such a shift will not only improve service delivery but also foster innovation among vendors. However, there are concerns from some quarters about how 'best value' evaluations will be standardized and administered, with fears of potential subjectivity and inconsistencies in the procurement process.

Contention

Notable points of contention primarily revolve around the potential complexities that a 'best value' system could introduce into the procurement process. Critics express concerns about the execution and transparency of such evaluations, worrying that it may lead to challenges in determining fairness in bidding. The transition from traditional bidding to a more qualitative assessment framework raises questions about how decisions would be justified and monitored, which remains a key area of debate in discussions regarding the bill.

Companion Bills

No companion bills found.

Previously Filed As

WV SB553

Allowing for evaluation of prequalified bidders to be based on best value

WV HB853

Construction projects; require prequalification of bidders for contracts of 10 million or more.

WV SB2298

Construction bids; amend prequalified construction provisions.

WV AB271

Santa Clara Valley Water District: contracts: best value procurement.

WV AB361

Best value procurement: school districts.

WV SB01119

An Act Concerning Licensing Agreements Of The Department Of Public Works, The Prequalification Of Bidders And Bid Protests.

WV SB2591

Bid procurement requirement; allow public schools purchasing technology for distribution to be exempt from.

WV AB356

Los Angeles Community College District: best value procurement: pilot program.

WV AB1981

Los Angeles Unified School District: best value procurement.

WV HB879

Public purchasing law; amend to allow competitive bids over $75,000.00 to be advertised on the procurement portal.

Similar Bills

WV SB553

Allowing for evaluation of prequalified bidders to be based on best value

CA SB1412

Skilled and trained workforce requirements: prequalification.

IL HB2531

IDOT-SOUTH SUBURBAN AIRPORT

WV HB3429

Prequalifying consultants for WVDEP- Abandon Mine Lands

IA HF2298

A bill for an act relating to prequalification requirements for competitive quotations and competitive bids for the construction of public safety infrastructure and purchase of public safety technology.

CT SB00473

An Act Concerning State Contracting, A Pilot Program And The Prequalification Of Contractors.

IA SSB3121

A bill for an act relating to prequalification requirements for the construction of public safety infrastructure and purchase of public safety technology.

IN HB1050

Fair and open competition for public works projects.