West Virginia House Bill HB4992

West Virginia 2026 Regular Session

• Introduced: 1/30/26
• Refer: 1/30/26

Caption

Relating to the creation of an alternative procurement procedure called the “general contractor/construction manager” procedure, and authorizing the Division of Highways to promulgate rules thereabout.

Summary

HB4992 expands West Virginia’s highway alternative delivery framework by adding a new procurement option called the “general contractor/construction manager” procedure. The bill authorizes the Commissioner of Highways to enter into agreements using this contracting model for transportation projects, including highway, bridge, building, and grounds work, and states that these agreements are to be used in accordance with federal highway procurement requirements under 23 U.S.C. 112 and related federal regulations. It also clarifies that these agreements are separate from the article’s traditional design-build bidding requirements. The bill also updates the existing design-build pilot program provisions in Chapter 17-2D. It preserves and restates the Division of Highways’ authority to combine design and construction into a single contract, while maintaining project and annual contractual obligation limits and exclusions for certain projects, including those funded above federal core formula funding and those tied to declared emergencies. In addition, the Commissioner is authorized to adopt procedural rules governing the new general contractor/construction manager process, including the conditions for use, preferred contract terms, and implementation standards.

Impact

HB4992 would amend West Virginia Code §17-2D-1 and §17-2D-2 and add a new §17-2D-6, thereby broadening the Division of Highways’ procurement tools for transportation and related public works projects. The practical effect is to give the Division another alternative delivery method beyond traditional design-bid-build and design-build contracting, while also allowing the agency to write rules to govern how the new method is used. The bill would affect the Division of Highways, contractors, and project delivery on state highway and bridge projects, and it would continue to operate within federal highway procurement constraints.

Sentiment

The available context suggests a generally supportive or at least implementation-oriented posture toward the bill, as it is introduced by request of the Division of Highways and framed as a modernization of procurement authority. Because there are no committee transcripts or recorded votes provided, there is no documented opposition or debate in the supplied materials. The bill’s structure indicates an emphasis on flexibility, efficiency, and compliance with federal rules rather than on controversial policy changes.

Contention

The main potential points of contention are likely to be the expansion of nontraditional procurement authority and the discretion given to the Commissioner of Highways to set rules and determine when these agreements are appropriate. Contractors or policymakers concerned about transparency, competition, or oversight could question whether the general contractor/construction manager model reduces the safeguards associated with traditional bidding. Another possible issue is the interaction with existing project caps and exclusions, especially for large projects or emergency-related work, though no specific objections are recorded in the provided materials.