APAWV received a letter dated March 4, 2025 from the West Virginia Division of Highway's materials division recently regarding Contractor's responsibility to initiate and enter samples and their respective data into AASHTOWare Project (AWP).

The letter states that the Division conducted an audit on Districts performance to approve sample records and have advised District personnel to complete sample data reviews within 7 calendar days of receipt of information from the contractor.  The letter also discusses Materials Procedure MP 109.00.22, currently in Committee, which outlines what information and how a contractor should submit a sample for review.  The MP also outlines the Districts acceptance and rejection procedures as well as how a contractor should make sample corrections.  The MP is expected to be approved in the April Committee meeting.

The letter also lists the email address which contractors are to submit their sample records to after the complete and submission of sample data through AWP.  District shared email addresses are listed here as well as in the attached memo.

While there is no current recourse if samples are not completed within the seven day timeframe, the WVDOH is working on a "auto-finalization" procedure.  This process would approve samples submitted from contractors who have consistently been submitting "error-free" samples.  The goal is to not withhold payment on estimates for materials based on delays in sample reviews.  Data is currently being collected by the WVDOH to establish this process and set bounds to define an "error-free" contractors.

While, it is understandable that accidental errors or typos can and will likely occur, blatant and nefarious sample submissions simply to accelerate payment will not be tolerated by the WVDOH, nor should it be by industry.  The WVDOH has expressed that when an "auto-finalization" procedure is implemented and a sample is submitted in such a way, the WVDOH will assess penalties to the contractor.

Stay toned for future updates.