West Virginia 2023 Regular Session

West Virginia Senate Bill SB553

Introduced
2/3/23  
Refer
2/3/23  
Report Pass
2/17/23  
Engrossed
2/22/23  
Refer
2/23/23  
Refer
2/23/23  
Enrolled
3/3/23  
Passed
3/11/23  

Caption

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

Impact

The enactment of SB553 is expected to streamline the procurement process in West Virginia by allowing for more thorough evaluation criteria in vendor selection, potentially improving the quality and efficiency of goods and services procured by the state. It will benefit stakeholders by ensuring that decisions regarding procurement can account for technical capability, reliability, and other value-driven factors rather than being restricted to financial metrics alone. The bill precludes the use of delegated prequalification bidding for procurement requests over $1 million without explicit approval, further instituting checks and balances in high-cost contracts.

Summary

Senate Bill 553 seeks to amend the West Virginia Code concerning the evaluation of prequalified bidders, specifically allowing for procurement evaluations to be based on 'best value' rather than solely on the lowest bid. This legislative change aims to provide more flexibility within the state’s purchasing division, enabling spending units to procure commodities and services from vendors who have entered into a prequalification agreement based on a broader set of criteria than simply cost. The bill emphasizes a more comprehensive assessment of proposals to achieve better overall value for the state.

Sentiment

Discussions around SB553 showed a generally positive sentiment among proponents who view the bill as a progressive measure that enhances procurement practices. Supporters argue that a best-value approach supports more strategic decision-making in procurement, favoring long-term benefits over immediate financial savings. Criticism, while less vocal, revolves around concerns regarding oversight and ensuring that 'best value' evaluations do not become subjective, potentially leading to favoritism or mismanagement in vendor selection.

Contention

Key points of contention include the fear that implementing a best-value evaluation framework could complicate the procurement process, making it less transparent compared to traditional bidding systems focused on cost. Legislators must be vigilant to maintain integrity in evaluations as they introduce new criteria. Making sure that the rules around prequalification agreements are effectively designed and enforced is essential to avoid confusion and ensure equitable treatment of all bidders. Additionally, some skepticism exists regarding the allocation of authority to the Director of the Purchasing Division for determining who qualifies as a prequalified vendor, thereby raising concerns about potential overreach.

Companion Bills

No companion bills found.

Previously Filed As

WV HB3459

To allow for a best value procurement evaluation for prequalified bidders

WV HB853

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

WV SB2298

Construction bids; amend prequalified construction provisions.

WV SB01119

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

WV HB4499

Relating to making the procurement process more efficient by modifying and updating outdated processes and requirements

WV SB521

Updating and modifying operations of Purchasing Division

WV SB587

Relating generally to government contracting

WV AB356

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

WV AB361

Best value procurement: school districts.

WV SB199

Requiring purchases of certain commodities and services from state use program partners

Similar Bills

WV HB3459

To allow for a best value procurement evaluation for prequalified bidders

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.