WEST virginia legislature
2025 regular session
ENROLLED
Committee Substitute
for
House Bill 3429
By Delegate Riley
[Passed April 12, 2025; in effect 90 days from passage (July 11, 2025)]
AN ACT to amend the Code of West Virginia, 1931, as amended, by adding a new section designated §22-2-11, relating to providing engineering services under the abandoned mine lands and reclamation act; requiring certain advertisements; establishing a prequalification process for hiring engineering firms; providing prequalification agreement requirements; and providing directives for project assignments.
Be it enacted by the Legislature of West Virginia:
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## ARTICLE 2. ABANDONED MINE LANDS AND RECLAMATION ACT.
## §22-2-11. Prequalification process for consultants; project assignments.
(a) For purposes of this section, "professional services" means engineering services provided by firms and includes those professional services of an engineering nature as well as incidental services that members of those professions and those in their employ may logically or justifiably perform.
(b) The secretary shall publish a Class II legal advertisement to solicit letters of interest for professional services used in engineering procurement. The advertisement:
(1) Shall comply with the Class II legal advertisement provisions of §59-3-1 et seq. of this code;
(2) State a time and place for submitting letters of interest and a description of the services required;
(3) Specify the secretary’s right to reject any letter of interest; and
(4) Shall be published at least once in at least one daily newspaper published in the city of Charleston and in other journals or magazines as the secretary determines is advisable.
(c) The department shall evaluate any letter of interest received and generate from the letters received a list of all qualified firms, designated the "Prequalified List of Firms".
(d) Upon the department’s recommendation, the Purchasing Division shall enter into a prequalification agreement with the qualified firms pursuant to §5A-3-10e of this code. The agreement shall cover the services defined in the letters of interest and have a one-year term, with an optional two-year extension if requested by the department.
(e) For all project assignments:
(1) The department shall issue an expression of interest for any project that needs to be solicited and deliver it to those prequalified firms with which the Purchasing Division has an active prequalification agreement;
(2) The department may review and consider responses only from prequalified consultants with active prequalification agreements;
(3) The department shall conduct discussions with three or more professional services firms solicited on the basis of known or submitted qualifications for the project prior to awarding a contract. If the secretary determines that special circumstances exist such that seeking competition is not practical, the department may, with the Director of Purchasing’s prior approval, select a professional services firm on the basis of previous satisfactory performance and knowledge of the department’s facilities and needs. After selection, the department and firm shall develop the scope of services required and negotiate a contract;
(4) The department shall notify its procurement division and the Division of Purchasing of the firm that it selected;
(5) The department shall schedule and conduct a scope of work meeting with the selected firm within 45 days of selection;
(6) Within 60 days of selection, unless an extension is requested by both parties, the department and firm shall complete cost negotiations;
(7) The department shall provide to its own procurement division and the Purchasing Division information regarding the agreed upon costs and all required forms necessary to initiate a contract; and
(8) The department may issue an advanced notice to proceed, if requested by the firm.
The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.
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Clerk of the House of Delegates
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Clerk of the Senate
Originated in the House of Delegates.
In effect 90 days from passage.
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Speaker of the House of Delegates
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President of the Senate
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The within is ................................................ this the...........................................
Day of ..........................................................................................................., 2025.
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Governor