Section 501

 

501.01.  In order to establish and maintain a high level of accountability on all SBA-funded projects, the evaluation of the performance of all parties to an SBA project shall be an important factor in determining the eligibility for an Architect, Engineer, Contractor, Construction Manager, or others to perform work on future SBA projects.  The SBA staff shall work with LEAs to establish a consistent, well-documented program of compliance, conformance, and accountability.  The performance of each party to a contract that is executed with the use of SBA funds shall receive an evaluation of all required tasks.

    501.011.  The SBA staff shall establish and implement a program that tracks Architect / Engineer, Contractor, and Construction Manager accountability using standard notices and/or reports to be issued by the project’s Architect of Record or the LEA.  If the number of severe notices or reports of non-conformance or non-compliance reaches an amount determined by the SBA to be excessive, the SBA may vote to place a Contractor, Architect, or Construction Manager on probation and bar the firm or individual from bidding or applying to work on an SBA-funded project for a minimum period of one year.  In the case of a Contractor or Construction Manager, the West Virginia Contractor License Holder will be similarly barred.

501.02.  Throughout the duration of the Project, the LEA, Architect, Contractor, and Construction Manager (where applicable) shall provide to the SBA staff all communication and information necessary so that the SBA staff may complete performance evaluations for the Architect / Engineer, Contractor, and Construction Manager.  The SBA staff will, as a team, review all project documents and written communication from the entire project.  Where significant and severe deficiencies of the party evaluated were found, the SBA staff shall recommend to the Authority placing the under-performing entity on probation.

501.03.  The following standard tasks related to accountability shall be completed at the appropriate time and, among all other required Contract Documents, shall be used in the SBA performance evaluations:

    501.031.  Architect/Engineer Evaluation – The SBA staff shall, at the conclusion of the project, perform evaluations of all Architects / Engineers performing work on each SBA project.  The Architect/Engineer shall be evaluated based on meeting design timelines, adherence to the project budget, the clarity of the Contract Documents, the issued standard notices of non-conformance or non-compliance issued to the Contractor when necessary, and the overall quality and performance of the Contract Documents.

    501.032.  Contractor Evaluation – The SBA staff shall, at the conclusion of the project, perform an evaluation of all Contractors performing work on each SBA project.  The Contractor’s performance, including the performance of all Subcontractors under the Contractor’s surety for a project, shall be evaluated based on specific factors relating to the conformance and compliance of the Contract Documents including, but not limited to, the following:
        a.  Quality of Construction relating to the number and severity of non-conformance notices received during Construction
        b.  Project documentation tasks as outlined in the Contract Documents relating to the number and severity of non-conformance notices received during Construction
        c.  Compliance with West Virginia Division of Labor reporting requirements
        d.  Adherence to the project schedule including milestone and completion dates

    501.033.  Construction Manager Evaluation (Where Applicable) – The SBA Staff shall, at the conclusion of the project perform an evaluation of the Construction Manager performing work on each SBA project.  Where applicable, the Construction Manager shall be evaluated based on the management of the project, accuracy of the project budget and schedules, the documented assurances that the Contractor is in compliance with the Contract Documents, and the value the team brings to the project. 

501.04.  Suspension Procedures – If the performance evaluations reveal critical issues related to the completion of the project within the time specified in the Contract Documents, Performance of the Work in conformance with the Contract Documents, or Project Closeout in a timely manner in compliance with Contract Documents, the staff will review the project documentation to ascertain the responsibility for the failure(s).

    501.041.  If a particular Architect / Engineer, Contractor, or Construction Manager has been a major contributor for the project’s deficiencies, the SBA shall notify in writing the party in consideration for the suspension of the reason for the proposed suspension in sufficient detail to describe the conduct upon which the proposes suspension is based.  The SBA shall present causes relied upon for the proposed suspension, procedures governing the suspension decision-making, and the potential effect(s) of the proposed suspension.

    501.042.  Within thirty (30) days of the receipt of notice, the party in consideration for the suspension shall have the right to submit in writing and/or request to appear before the Authority to give information and argument in opposition of the proposed suspension.

    501.043.  Using all necessary and relevant information available, the Authority shall make a suspension decision.  In any suspension decision, the Authority shall make a specific finding, based on the substantial record, whether the public interest requires that the suspension decision extend to all commodities and services of the Contractor and/or Subcontractor, or whether the public interest allows the suspension decision to be limited to specific commodities or services. 

    501.044.  The SBA may suspend the responsible party from bidding or applying for work on SBA-funded projects for a period of not less than one (1) year or more than two (2) years.