text:
I've been a bit fascinated by the discussions about nerd culture (particularly Big Bang Theory) that have turned up recently. After reading a very good discussion of BBT vs. Community here and this most excellent rant by a real physicist about BBT here, I started thinking more about the intersection of modern nerd culture and television. Then today, I saw this question posed, so now I feel compelled to comment.
First, some background. When BBT first came out, I had many friends ask if I watched it and suggesting that it would be something I liked... 'cause, hey, I'm like a nerd and stuff. When I first checked out the show, I was appalled by just how wrong the characterizations of actual working scientists are. No wonder so few kids want to study science if this is how many Americans visualize scientists. But after some time, I became inured to the stereotyping, and just let myself enjoy some of the bright moments. I particularly like the acting skills of Simon Helberg. Some of the jokes are appealing, and, of course, some are lame and formulaic. But I have family members who enjoy the show, so I take what I can from it. Also, for many reasons now, I have Community on my "watch it some day" list.
I get what some people say about BBT being "black face" and how others say that is overreaching. Part of the show insults me, but I also have pretty thick skin. But whatever your opinion, what do you think of this... abomination? What else can I call it? King of the Nerds seems to take mocking nerds and the idea of nerds to *gasp* reality tv! The end is upon us.
I have a horrid fascination with this show, conveniently airing right after repeats of BBT so all the nerds watching can tune in for more celebration of their special nerd culture... wait. If BBT is black face, are these people Amos and Andy? Watching the roles to which each has been anointed, the cynic in me wonders if they are actors paid to take on the roles of such blazing stereotypes. Then again, I know quite a few people not quite that far removed and I also know whatever we're shown is only meant to sharpen the angles. I can;t be too offended, mainly because these kids look like they are not taking it too seriously and are having a good time. It's fun to hang out with other oddballs in a cool house with all sorts of cool toys and the opportunity to meet cool celebrities. It's like the Real World for, well, nerds - no need to be conventionally pretty, so long as several of those selected are "quirky cute" and a little awkward but not so awkward as to be unrelatable. Yeah, I know a few characters who would never be selected. So I can live with this horrid glimpse of stereotype... except for a couple minor details:
ONE: Has anyone noticed anything ... unusual ... about the nerd challenges? They're really not that hard. They have lots of cool gear to help and are encouraged to be creative, but the actual challenge is always something Joe Average probably can relate to. Even the quiz questions are only on nerdy topics, but not that difficult. Your casual Harry Potter reader probably could have answered two-thirds of the questions from the first show of the second season. This would be like having a king of the mathematicians contest and asking hem to solve algebra problems or do long division. I think this is a calculated move, because if we ask about the canonical symbolism involved in the lake surrounding Hogwarts, Jane Consumer is gonna switch to the Daily Show for her nerd fix. No, this is a show about nerds, not for nerds.
TWO: These nerds are just people. I watched season 1, and they absolutely voted the wrong way. The final two came down to one girl who was kind of mean, but who engineered every contest and charted every advantage and disadvantage she could tabulate. She played hard and calculating, but wasn't very likable. The other finalist was cute and stayed under the radar and rarely seemed to do much... but she was personable. So most players voted for her. Yes, the nerds acted just like 'mundanes' and voted for the cute, inoffensive player, rather than the one who really showed a lot of thought about the games.
THREE: I blame this modern, feel-good concept of "nerd culture". These kids are all young (mid-20s or so) and have grown up in a society that may not really embrace nerds, but no longer seeks to marginalize them. It's cool to be (a little) nerdy, and girls can wear glasses, and guys can be awkward. It seems far rarer to see nerds as utter outcasts who, if they are lucky, have two or three friends and a couple of teachers to support them. I am old and crotchety now, but I vividly remember being defended from being beat up on the bus by a girl... many times. I was constantly reminded how weak and pathetic I was. Until I went to a high school party and drank some beers, I had only a few close friends, mainly other outcasts. I was respected as a "brain", but no-one wanted to be my friend; I was socially unacceptable. Today, the climate seems much friendlier; nerds are still pariahs, but not-so-much untouchables. I think, too, with the interconnectivity, it's much easier to find others like you... a different rant where rather than branch out and learn how to fit into different groups, we become complacent within a small community and resist expanding outside it. But to summarize, KotN seems to show nerdiness as being fun and light, glossing over how hard many had to struggle. They have their own place in society, separate, but not as cool. These nerds can just be stereotypes, because that's all they need to be. None of them need to play basketball, learn martial arts, develop a fashion sense, speak persuasively, or date 'normals'. They are a culture until themselves and cannot mix.
There you have it; my first planned post to share. I hope it provokes some good thought and comments. If not, I'll just blame it being a socially awkward nerd.


text: Important Note: Replacing the default ViewState Persistance Behavior June 3, '04 Comments [2] Posted in ASP.NET | ViewState | Bugs Sponsored By Scott Mitchell also has a good article on ViewState up on MSDN. I talked to him before I blogged this and he agreed it was worth mentioning. I blogged about this issue before. In his article Scott shows how one can override SavePageStateToPersistenceMedium and LoadPageStateFromPersistenceMedium to put ViewState somewhere else. A few snippets are below: protected override void SavePageStateToPersistenceMedium(object viewState) { LosFormatter los = new LosFormatter(); StringWriter writer = new StringWriter(); los.Serialize(writer, viewState); StreamWriter sw = File.CreateText(ViewStateFilePath); <snip> } public string ViewStateFilePath { get { string folderName = Path.Combine(Request.PhysicalApplicationPath, "PersistedViewState"); string fileName = Session.SessionID + "-" + Path.GetFileNameWithoutExtension(Request.Path).Replace("/", "-") + ".vs"; return Path.Combine(folderName, fileName); } }In this example code (that you shouldn't copy/paste into production :) ) you see that he's redirecting ViewState to serialize to a file with a name like ASPNET23234094498230948320492834-myfile-default.aspx.vs. The problem (an edge case certainly, but still a problem) with this approach is that it doesn't support multiple browser windows on the same machine hitting the same page. Remember where ViewState is stored by default - it's stored with the requested page instance (in the HTML). Using the ASP.NET SessionID in the filename scopes the state to the user and adding the file name reduces scope to the Page Declaration, but not the actual request instance. Fortunately, Scott Mitchell wisely aludes to a solution in his article when he says: Note One workaround would be to use a globally unique identifier (GUID) as the file name for the persisted view state, saving this GUID in a hidden form field on the ASP.NET Web page. This approach, unfortunately, would take quite a bit more effort than using the SessionID / URL scheme, since it involves injecting a hidden form field into the Web Form. For that reason, I'll stick to illustrating the simpler approach for this article. I spoke with Scott, and he agreed that for this solution to be more ideal one would have to implement a solution using a GUID. Otherwise, be aware that you may run into flakey concurrence bugs where pages step on each other's ViewState. « Today's Errors: "Unexpected Error 0x8ffe... | Blog Home | Web Services Theory - New Class » About Scott Scott Hanselman is a former professor, former Chief Architect in finance, now speaker, consultant, father, diabetic, and Microsoft employee. He is a failed stand-up comic, a cornrower, and a book author. About Newsletter Sponsored By Hosting By Comments [2] Share on: Twitter, Facebook, Google+ or use the Permalink

subset: commoncrawl


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FAQ: Jewish Group Tours to Costa Rica
Who comes on your trips? What is the age range? How religious is everyone?
Our trips are very diverse. Our last trip had travelers from more than 4 countries. For our young professionals' trips, our age range is roughly late 20s to early 40s, with most participants in the middle of that range at roughly 25 to 35. Most participants are affiliated in some way with the Jewish community, whether they identify as Reform, Conservative, Traditional or Conservadox.
What makes your trips different from your competitors?
First, our trips focus on small, local hotels and providers. We do not use "all-inclusive" resorts, as we believe that they are not the best way to experience the culture of our destinations and to benefit the local community, one of the goals of eco-tourism. Second, we strive to make our group trips affordable while including as many items as possible. You might find a cheaper trip, but you will find that most of the activities are optional and at added cost. We believe it is better value to include those items and facilitates our primary goals of giving you a fun experience in a group setting where you can meet new people.
Why Costa Rica? Are you planning trips to other locations?
Costa Rica is one of the safest countries in Central America, has no military, and has taken significant actions to foster conservation. Accordingly, it is a country we can feel good about supporting through our travels. Accordingly, it is a country we can feel good about supporting through our travels. This year we are also offering a group trips to Alaska, Iceland and Greenland, as well and a wilderness trip to upstate New York. If you have any suggestions of places you'd like to visit with Greener Travel, please let us know.
Do I have to do all the activities? Can I get a partial refund if I skip one of the activities?
We try to make our trips accessible for travelers of most abilities and encourage all travelers to fully participate in the activities unless a traveler is afraid of a particular activity or cannot participate due to a medical condition or ability level. However, if you do not want to do a particular activity, you can opt out for any reason. Because we make our best efforts to offer an alternative activity for opting out travelers for no additional cost, we cannot generally offer a partial refund for opting out travelers.
Who will I be rooming with if I chose double-occupancy?
If you are joining the trip with someone you know, we will honor your requests to room together if you wish. If you are joining the trip by yourself, we will match you up with another same-sex traveler to share a room. If during the trip, you meet someone with whom you want to share a room with, we will try to honor your request at that time.
How much is airfare to Costa Rica? Can you help me choose my ticket?
Airfare to Costa Rica from major metropolitan areas in the U.S. is generally roughly $400 to $600, however, that depends on your origin and travel dates. We advise travelers to check rates prior to booking a trip with us, however, you should not purchase your travel before the trip has been "called." At that time, we would be glad to give you advice on which ticket to purchase. (update - this trip has been called, with limited spots available)


text: From the days of slavery, when masters would allow slaves to worship God on the sabbath, all the way through the Civil Rights movement, music has played an integral part in inspiring African Americans to escape their situation, whether it was slavery or Jim Crow laws. Anthony Leach, conductor of Essence of Joy, explains how Negro spirituals were used to direct escaping slaves north to Canada and help freedom workers to endure abuse at lunch counters. C Roy Parker


text:
True Value and Epicor expand alliance
Epicor Software Corporation and True Value Co. announced the continuation of an agreement naming Epicor as True Value's recommended Epicor Eagle point-of-sale (POS) solution provider.
This three-year agreement provides more of True Value's retailers the opportunity to benefit from Epicor solutions, according to the companies.
"True Value is excited to continue this partnership with Epicor as one of our preferred POS vendors," stated Rosalee Hermens, vice president and chief information officer for the True Value Company. "We look forward to Epicor's continued support and POS software solutions to help drive sales for our retailers."
The recently signed agreement includes:
• A new focused drive to get preferred system penetration;
• More stores sharing POS data to populate Retailer Workbench;
• Increasing POS standardization across True Value; and
• Expanded sales opportunities for the Unity Customer Base as well as all Epicor supported stores.


text:
Press Releases related to the "Corrugated Cable" topic
Archive for: 2011Print page
RFS marks the 60th anniversary of corrugated cables, highlights the value of the company's invention to telecom and broadcast customers
RFS today celebrated the 60th anniversary of corrugated cables by noting the continued importance of the company's invention to telecom and broadcast operators.
During the RFS StayConnected Days, RFS supports French installers and promotes a sustainable approach for wireless cell sites in France
RFS is introducing "Wood & Tower", an environmentally friendly towering solution designed by CGTI, an RFS company
RFS presents its cost-saving RF innovations for the Middle East at MECOM 2011
At MECOM 2011, RFS will showcase its latest Radio Frequency technologies and innovations, designed to help operators, OEMs and installation companies save costs for wireless indoor coverage, RRHs and LTE deployments.
RFS' corrugated aluminum RF coaxial cables provide the best solution to the copper crisis
RFS addresses growing issues of copper price and security with CELLFLEX® Lite, a proven high-performance aluminum-based RF coaxial cable solution.


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Scholarships for Students with Financial Need
Above: So many UIS students have financial need. Please help students achieve their dream of a degree.
Make a Difference for Students with Financial Need
- Arthur Ira Berman Scholarship Fund
- Capital Scholars Foundation Scholarship
- Chancellor Richard D. and Carolyn J. Ringeisen Scholarship Fund
- Sandra M. Cross Memorial Scholarship
- Filipino Physicians of Illinois Scholarship (AFPSI/OAA/FilAmHisSo Scholarship)
- Frankenfeld Scholarship Fund
- Ethel Gingold Scholarship
- Illinois REALTORS® Scholarship
- Julie and William Kellner Working Student Scholarship Fund
- Henry and Margaret Kirschner Scholarship
- Leatherwood-Monson Family Scholarship
- Military/Veterans Emergency Grant Fund
- Michael Owens Memorial Scholarship
- Dr. Virgilio R. and Elena E. Pilapil
- Louise Hartman Schewe Scholarship
- William and Mary Schnirring Scholarship
- Donald Donner Springer Education Fund
- Springfield Electric Scholarship
- UIS Scholarship Fund
Thank you for your interest in giving to scholarship funds for students with financial need. If you want to add your gift to one of the scholarships below, you can give safely online or by mail to our office.
Arthur Ira Berman Scholarship Fund
Rhoda Augustine, whose son Dr. Harry Berman served as Provost and Interim Chancellor at UIS, has created a scholarship in memory of her son Arthur Ira Berman. For 25 years, Arthur Berman was director of the Learning Resource Center at the East Arkansas Community College, and in 2001, he received the Distinguished Service Award from the Arkansas Library Association. He passed away in 2005 at age 55. The Arthur Ira Berman Scholarship will be awarded to a student with financial need and in good academic standing.
Capital Scholars Foundation Scholarship
UIS admits a small number of highly qualified first-year college students into the Capital Scholars Honors Program, a four-year baccalaureate program that combines an integrated core of general education courses with study of a foreign language and any of UIS' 20 undergraduate majors. The Capital Scholars Scholarship is one of the award-based components of the program. The scholarship currently grants awards at four scholarship levels, all of which are renewable for up to four years. "Capital Scholars" can receive a scholarship award for up to four years. All recipients must be full-time, residential students and maintain high academic merit to retain scholarship renewals for succeeding academic years of eligibility.
Chancellor Richard D. and Carolyn J. Ringeisen Scholarship
Alumni and friends gave gifts to establish this endowed scholarship fund in honor of the former chancellor and his wife, especially in recognition of their leadership. Richard Ringeisen became Chancellor of UIS in 2001. During his years as Chancellor, UIS grew into a full-fledged four-year university and became a national leader in online education. The campus added University Hall Building, The Recreation and Athletic Center, and numerous townhouse residences. UIS also developed a rich cultural life, including music and performing arts, and became one of four major art venues in Springfield. Athletics added four new sports, and the colonnade was built on the UIS Quad. Carolyn Ringeisen was an active partner with her husband in the many special events and activities at the university. She was a member of the foundation board of the Springfield Boys and Girls club and also served on the board of the Illinois Symphony Orchestra. A member of the Symphony Guild, the City Garden Club and Lake Garden Club, she also volunteered at Grace Lutheran Food Pantry.
Sandra M. Cross Memorial Scholarship
In honor of his late wife Sandra "Sandy" Cross, UIS alumni board member, Brian Cross (PAA 1994) has created a scholarship in her name. Sandy was a non-traditional student who attended the College of DuPage and graduated from Elmhurst College. She was a champion for women's rights and equality for all. Sandy and Brian got married in 2000 and she actively supported Brian in his every endeavor. She was an avid sports woman, playing hockey every week. Sandy passed away shortly after giving birth to their daughter, Kennedy Cross in November of 2007. The Sandra M. Cross Scholarship was created for a female student from the Chicago area with demonstrated financial need to help realize the dream of a college degree.
Filipino Physicians of Illinois Scholarship (AFPSI/OAA/Fil/AmHisSo Scholarship Fund)
Awarded to a student with financial need, with preference given to minority students.
Frankenfeld Scholarship Fund
This fund supports post-baccalaureate students who are pursuing Illinois teacher licensure. The recipients shall be non-traditional students who have financial need and academic merit. Preference shall be given to students who are working full time and attending classes part time.
Ethel Gingold Scholarship Fund
Named Springfield's Copley First Citizen in 2003, Ethel Gingold has been known as a champion for equality, justice, and civil rights. She cared deeply education, and about the University of Illinois Springfield in particular, so it's hardly surprising that she created a scholarship at UIS. She wanted to help students with financial need who maintained a 3.5 grade point average. Always on the side of those who face struggles, Ethel added one more request: that preference be given to a student who has had to overcome a challenge while pursuing a degree.
Illinois REALTORS® Scholarship Fund
Each year, income from the endowed fund Illinois REALTORS® Scholarship Fund will provide scholarships to undergraduate students who have demonstrated a financial need and who are African American, Hispanic or Asian American. Preference will be given to relatives of someone in one of the following three Chicago-area real estate professional trade associations:
- National Association of Real Estate Brokers (NAREB, representing African Americans realtors);
- National Association of Hispanic Real Estate Professionals (NAHREP);
- Asian Real Estate Association of America (AREAA)
If no one qualifies as a relative, preference will be given to other students from the Illinois counties of Cook, DuPage, Lake or Will, who are African American, Hispanic or Asian American.
Julie and William Kellner Working Student Scholarship Fund
This fund will support scholarships at UIS for recipients who demonstrate they are employed and have financial need, or are international students. Recipients must be in good academic standing, with preference given to students employed by UIS.
Henry and Margaret Kirschner Scholarship
Banking pioneer, Henry Kirschner, began his financial career – fresh out of high school – on July 31, 1933 in the middle of the Great Depression. Yet hard work, vision and a love for people eventually brought Mr. Kirschner, founder of Town and Country Bank, into a realm of prominence. Through Kirschner, Springfield residents first experienced Saturday banking hours and drive-through windows for even more convenient banking. Established in 2004, the Henry and Margaret Kirschner Scholarship is awarded in the area of greatest scholarship need as determined by the university.
Leatherwood-Monson Family Scholarship
The Leatherwood-Monson Family Scholarship was established in 2005 to benefit a full-time UIS student who is a first-generation minority college student. To qualify, neither the parents nor grandparents of the applicant can have attended a four-year university. Applicants must also have a min. GPA of 2.5 or better. The L-MFS is a part of the Capital Steps scholarship drive, a fundraising endeavor aimed at increasing the availability of merit and need-based scholarships at UIS, while providing ample recognition to participating donors.
Military/Veterans Emergency Grant Fund
This fund provides grant money to UIS military/veterans who are in good academic standing at UIS, are illustrating financial hardship and have utilized all other eligible aid programs.
Michael Owens Memorial Scholarship
Created for a student with financial need, with preference given to former or current patients of a St. Jude's facility and secondarily to a student who has overcome a serious medical obstacle.
Dr. Virgilio R. and Elena E. Pilapil Family Scholarship
Created for students at UIS with financial need.
Louise Hartman Schewe Scholarship
Louise Hartman Schewe, a philanthropist and former teacher, was a long-time supporter of UIS and its mission to provide "an intellectually rich, collaborative and intimate learning environment for students." Louise was a teacher and active civic leader whose interests included the Springfield Art Association and the Illinois Symphony Guild. Upon her death in 2006, Louise Schewe left a generous bequest in support of UIS.
William and Mary Schnirring Scholarship
As long-time supporters of the Springfield community, the William and Mary Schnirring Scholarship is a natural extension of the philanthropic history of the Schnirrings. Mr. Schnirring is the Chairman and Chief Executive Officer of Springfield Electric Supply Company, which has its corporate headquarters in Springfield and is one of the 50 largest electrical supply companies in the nation. Mr. Schnirring received a Copley Newspaper First Citizen Award and as a volunteer has provided leadership to numerous non-profit boards, contributing behind the scenes to create new opportunities for residents of Illinois. He has also received numerous awards for his service related to education, conservation, and philanthropy.
Donald Donner Springer Education Fund
The Springer Education Fund was established in memory of Springfield businessman Donald Donner Springer. Three awards will be made in 2020: 1. A student in the Master of Public Administration (MPA) program; 2. A student in the Master of Business Administration (MBA) program; and 3. An undergraduate student studying education(this education undergraduate scholarship is need-based).
Springfield Electric Scholarship
As long-time supporter of the Springfield community, the Capital Steps – Springfield Electric Scholarship is a natural extension of the philanthropic history Mr. Bill Schnirring, CEO of Springfield Electric. Capital Steps is a fundraising endeavor aimed at increasing the availability of merit and need-based scholarships at UIS.
UIS Scholarship Fund
When you give to the UIS Scholarship Fund, your gifts will be combined with the gifts of other generous donors to create multiple scholarships, all created by donors committed to education and willing to do what they could to help UIS students. Your gifts really DO make a difference.
We welcome your inquiries. Please feel free to contact us.


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Due to the recent elo farming and the elo point system becoming devalued, it has been decided by the moderators to ban duels created with alternative secondary accounts, due to the disparity between skill and rank level being played, holding an unfair advantage over equal rank players who do not posses as much experience. Duels will start to be deleted over the coming weeks where there is proof of alt accounts being used. Where a low rank player is demonstrating op skill and using a vpn or claims to be using a shared user IP address, action will be decided on a case by case basis.
Going forward, punishments may be awarded to players who continue to break the new rules, updates to the rules will follow.


text:
Hmm, where was I....?
Oh, yes. I remember: busy. Well, I decided to take the stress levels down a few notches and took some impromptu leave from work. (Me: Hey, Boss, can I have a week off, starting tomorrow? Boss: OK.) I love that I can do that.
So today is my last day off - back to the salt mines I go tomorrow. I've caught up on some sleep, tidied up the disaster that was my wardrobe, had my hair cut and coloured, trained, cooked a bit, caught up on the washing, read some books, watched some TV, and generally relaxed. I think I'm mentally refreshed and ready to slog through the next eight weeks or so until we head off on our holiday.
The biggest challenge I faced today was finding something healthy and tasty for lunch at the shopping centre food court, when I took The Baby to get a haircut. I rejected 99% of the offerings and settled for a sandwich. Wholemeal bread, chicken, loads of salad, some salt & pepper. Only... it was the size of TWO sandwiches. So I ate half, took note that I felt quite full enough, and wrapped the other half up to eat later. That was two hours ago, and I'm not the least bit hungry yet.
I've often employed the take-it-home-for-later tactic when eating out. Or just thrown the unwanted portion in the bin. It took me a while to get past my dislike of wastage. But I figure that if I eat more food than my body needs, then it's still a waste. And I'll only end up wearing it around my waist.


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Nearly five years after the financial crisis and three years since passage of the Dodd-Frank Act, Americans across lines of race, age, geography and political affiliation who "strongly" support tougher rules for Wall Street jumped 10 percentage points over those favoring such reform last year, according to a study by Lake Research Partners.
The survey of 1,004 likely 2014 voters, conducted between July 8 and July 11 on behalf of Americans for Financial Reform, found that 83% of likely voters support stronger rules and enforcement, compared to 9% who said the financial world has changed its ways and doesn't need further reform. In 2012, the pro-reform position was favored by 73% of those surveyed, while in 2011 the figure was 77%.
The survey also found that nearly two-thirds (63%) of those polled identify with the view that Wall Street must be held accountable and prevented from repeating past actions; even among Republicans, only a minority (41%) identify with the opposing view that excessive regulation will hurt the economy, the survey found.
After hearing a short description, eight in 10 voters favor the Consumer Financial Protection Bureau, and nearly half (49%) "strongly" favor it.
Two recently introduced bipartisan bills—the 21st Century Glass-Steagall Act and the Brown-Vitter bill—attempt to make the financial system safer and more accountable.
The 21st Century Glass-Steagall Act, introduced July 12 by Sens. John McCain, R-Ariz.; Elizabeth Warren, D-Mass.; Maria Cantwell, D-Wash.; and Angus King, I-Maine, calls for an updated version of the old firewall between commercial and investment banking.
The Brown-Vitter bill, introduced in late April by Sens. Sherrod Brown, D-Ohio, and David Vitter, R-La., would raise capital requirements for the biggest banks.
King wrote in an op-ed on Sunday that the 21st Century Glass-Steagall Act provides "a structural change to the banking industry rather than a regulatory one." In the aftermath of the crisis, "Congress has made strong efforts to rein in Wall Street, but a growing chorus of voices is questioning whether these efforts, like the 2010 Dodd-Frank Act, will end the troubling phenomenon known as 'too big to fail.'"
King wrote that the 21st Century Glass-Steagall Act is "a modern version of the Banking Act of 1933 (Glass-Steagall) that reduces risk for the American taxpayer in the financial system and decreases the likelihood of future financial crises."
The bill would revive the original Glass-Steagall Act that was introduced in response to the market crash of 1929, King wrote, by creating "a functional division between traditional banks" that have savings and checking accounts and are insured by the Federal Deposit Insurance Corp., "and riskier financial institutions that offer services such as investment banking, insurance, swaps dealing, and hedge fund and private equity activities."


text:
WEST virginia legislature
2016 regular session
Senate Bill 56
By Senator Yost
[Introduced January 13,
Referred to the Committee on Government Organization.]
A BILL to amend and reenact §5-22-1 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Fairness in Competitive Bidding Act; and lowering threshold amount, from $250,000 to $100,000, for triggering a low bidder's duty to submit list of subcontractors on government contracts.
Be it enacted by the Legislature of West Virginia:
That §5-22-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
§5-22-1. Bidding required; government construction contracts to go to lowest qualified responsible bidder; procedures to be followed in awarding government construction projects; penalties for violation of procedures and requirements debarment; exceptions.
(a) This section and the requirements in this section may be referred to as the West Virginia Fairness In Competitive Bidding Act.
(b) As used in this section:
(1) "Lowest qualified responsible bidder" means the bidder that bids the lowest price and that meets, as a minimum, all the following requirements in connection with the bidder̓s response to the bid solicitation. The bidder must certify that it:
(A) Is ready, able and willing to timely furnish the labor and materials required to complete the contract;
(B) Is in compliance with all applicable laws of the State of West Virginia; and
(C) Has supplied a valid bid bond or other surety authorized or approved by the contracting public entity.
(2) "The state and 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.
(3) "State spending unit" means a department, agency or institution of the state government for which an appropriation is requested, or to which an appropriation is made by the Legislature.
(c) The state and its subdivisions shall, except as provided in this section, solicit competitive bids for every construction project exceeding $25,000 in total cost. A vendor who has been debarred pursuant to the provisions of sections thirty-three-b through thirty-three-f, inclusive, article three, chapter five-a of this code may not bid on or be awarded a contract under this section. All bids submitted pursuant to this chapter shall include a valid bid bond or other surety as approved by the State of West Virginia or its subdivisions.
(d) Following the solicitation of bids, the construction contract shall be awarded to the lowest qualified responsible bidder who shall furnish a sufficient performance and payment bond. The state and its subdivisions may reject all bids and solicit new bids on the project.
(e) The apparent low bidder
on a contract valued at more than
$250,000 $100,000 for the
construction, alteration, decoration, painting or improvement of a new or
existing building or structure with a state spending unit shall submit a list
of all subcontractors who will perform more than $25,000 of work on the project
including labor and materials. This section does not apply to other
construction projects such as highway, mine reclamation, water or sewer
projects. The list shall include the names of the bidders and the license
numbers as required by article eleven, chapter twenty-one of this code. This
information shall be provided to the state spending unit within one business
day of the opening of bids for review prior to the awarding of a construction
contract. If no subcontractors who will perform more than $25,000 of work are
to be used to complete the project it will be noted on the subcontractor list.
Failure to submit the subcontractor list within one business day after the
deadline for submitting bids shall result in disqualification of the bid.
(f) Written approval must be obtained from the state spending unit before any subcontractor substitution is permitted. Substitutions are not permitted unless:
(1) The subcontractor listed in the original bid has filed for bankruptcy;
(2) The state spending unit refuses to approve a subcontractor in the original bid because the subcontractor is under a debarment pursuant to section thirty-three-d, article three, chapter five-a of this code or a suspension under section thirty-two, article three, chapter five-a of this code; or
(3) The contractor certifies in writing that the subcontractor listed in the original bill fails, is unable or refuses to perform the subcontract.
(g) The contracting public entity may not award the contract to a bidder which fails to meet the minimum requirements set out in this section. As to a prospective low bidder which the contracting public entity determines not to have met one or more of the requirements of this section or other requirements as determined by the public entity in the written bid solicitation, prior to the time a contract award is made, the contracting public entity shall document in writing and in reasonable detail the basis for the determination and shall place the writing in the bid file. After the award of a bid under this section, the bid file of the contracting public agency and all bids submitted in response to the bid solicitation shall be open and available for public inspection.
(h) 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 and requirements of this section is subject to the penalties set forth in section twenty-nine, article three, chapter five-a of the Code of West Virginia.
(i) No officer or employee of this state or of a public agency, public authority, public corporation or other public entity and no person acting or purporting to act on behalf of an officer or employee or public entity shall require that a performance bond, payment bond or surety bond required or permitted by this section be obtained from a particular surety company, agent, broker or producer.
(j) All bids shall be open in accordance with the provisions of section two of this article, except design-build projects which are governed by article twenty-two-a of this chapter and are exempt from these provisions.
(k) Nothing in this section applies to:
(1) Work performed on construction or repair projects by regular full-time employees of the state or its subdivisions;
(2) Prevent students enrolled in vocational educational schools from being utilized in construction or repair projects when the use is a part of the students training program;
(3) Emergency repairs to building components and systems. For the purpose of this subdivision, the term emergency repairs means repairs that if not made immediately will seriously impair the use of building components and systems or cause danger to persons using the building components and systems; and
(4) A situation where the state or subdivision thereof reaches an agreement with volunteers, or a volunteer group, in which the governmental body will provide construction or repair materials, architectural, engineering, technical or other professional services and the volunteers will provide the necessary labor without charge to, or liability upon, the governmental body.
NOTE: The purpose of this bill is to lower the threshold amount, from $250,000 to $100,000, for triggering a low bidder's duty to submit list of subcontractors on government contracts..
Strike-throughs indicate language that would be stricken from the present law and underscoring indicates new language that would be added.