SB 757 — Relating to government construction contracts

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 757 ByBYS SenatorENATORSM MorrisORRIS, [IntroducedLIVERI,ANDW OELFEL [Reported February 5,18, 2026;2026, from the Committee on Government Organization] CS for SB 757 A BILL to amend and reenact §5-22-1 and §5-22-2 of the Code of West Virginia, 1931, as amended, relating to government construction contracts;

referredincreasing tomaximum theallowable Committeeamount onfor Governmentopen-ended Organization] Intr SB 757 2026R3592 A BILL to amend and reenact §5-22-1 and §5-22-2 of the Code of West Virginia, 1931, as amended, relating to government construction contracts;

andclarifying addingthat languagelowest allowingqualified biddersresponsible abidder 10-dayshall gracecertify periodthat toit providemeets validexperience bidrequirements; bond documentation after the close of the bid to address bonding errors in otherwise qualified bids.

granting public entity discretion to allow apparent lowest qualified responsible bidder five business days to cure minor irregularities in bid bond documentation;

and requiring bids to remain valid for 60 calendar days.

Provided, CS for SB 757 That no open-ended repair or maintenance contract may exceed $500,000.$500,000 $1 million.

A construction project does not include a Intr SB 757 2026R3592 design-build project as set forth in §5-22A-1 et seq.

and (C) Has supplied Is able to supply documentation of a valid bid bond or other surety authorized or approved by the contracting public entityentity; within 10 business days of award.

(4)and "The(D) statePossesses and/orthe itsexperience subdivisions"necessary meansto achieve the stateobjectives ofset Westforth Virginia,by everythe politicalcontracting subdivisionpublic thereof, every administrative entity thatin includesthe suchproject asolicitation. subdivision, all municipalities, and all county boards of education.

(4) "The state and/or its subdivisions" means the State of West Virginia, every political subdivision thereof, every administrative entity that includes such a subdivision, all municipalities, and all county boards of education.

CS for SB 757 (d) All bids submitted bidders submitting responses pursuant to this chapter shall include provide documentation of a valid bid bond or other surety as approved by the stateState of West Virginia or its subdivisionssubdivisions. within 10 business days of contract award.

(e) Following the solicitation of bids, the construction contract shall be awarded to Intr SB 757 2026R3592 the lowest qualified responsible bidder who shall furnish a sufficient performance and payment bond.

CS for SB 757 (h) Written approval must be obtained from the state spending unit before any Intr SB 757 2026R3592 subcontractor substitution is permitted.

CS for SB 757 (k) A public official or other person who individually or together with others knowingly makes an award of a contract under this section in violation of the procedures Intr SB 757 2026R3592 and requirements of this section is subject to the penalties set forth in §5A-3-29 of this code.

CS for SB 757 §5-22-2.

Intr SB 757 2026R3592 bid resubmission;

(b) No public entity may accept or consider any bids that do not contain a valid bid bond or other surety approved by the stateState of West Virginia or its subdivisions.subdivisions:

(b)Provided, TheThat provisionsa andpublic requirementsentity ofmay thisin section,its §5-22-1discretion ofpermit thisthe code,apparent thelowest requirementsqualified statedresponsible inbidder theup advertisementto forfive bids,business anddays theto requirementscorrect ona theminor bidirregularity formin mayan nototherwise bevalid waivedbid bybond anyor publicother entity.surety submitted with a bid:

Provided, however, That exercising the discretion granted pursuant to this subsection is in the best interest of the public entity.

(b) (c) The provisions and requirements of this section, §5-22-1 of this code, the requirements stated in the advertisement for bids, and the requirements on the bid form may not be waived by any public entity.

(2) Thethe error materially affected the bid;

(3) Rejectionrejection of the bid would not cause a hardship on the public entity involved, other than losing an opportunity to receive construction projects at a reduced cost;

and (4) Enforcementenforcement of the bid in error would be unconscionable.

CS for SB 757 (c) (d) A contractor who withdraws a bid under the provisions of this section may not resubmit a bid on the same project.

(d) (e) The provisions of a bid shall remain valid and legally binding for a period of 90 60 calendar days.

The 90 60 days begin to run from the date of the bid opening as prescribed by the public entity bid solicitation.

The 90-day 60-day period as set forth in this section may be extended by mutual agreement of the contractor and the public entity.

Any extension shall Intr SB 757 2026R3592 be in writing.

NOTE:

The purpose of this bill is to add language that gives vendors a 10-day grace period to provide bid bond documentation after the bid closing to address bonding errors in otherwise qualified bids.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.