2023 Wyoming Statutes › Title 9 - Administration of the Government › Chapter 2 - Agencies, Boards, Commissions and Departments Generally › Article 30 - State Construction Department › Section 9-2-3006 - Procurement for Capital Construction Projects.

9-2-3006. Procurement for capital construction projects.
(a) Contracts for capital construction projects let by an agency or the University of Wyoming, excluding contracts for professional services under W.S. 9-23-101 through 9-23-107 and for capital construction projects delivered through alternate design and construction delivery methods as defined in W.S. 16-6-701(a)(v), shall be let through the use of competitive negotiation, noncompetitive negotiation or competitive sealed bidding as follows:
(i) For any contract with an estimated value equal to fifty thousand dollars ($50,000.00) or less, the contract shall be let in accordance with the following:
(A) Except as provided in subparagraph (B) of this paragraph, the contract shall be let by competitive negotiation. In conducting the competitive negotiation, the agency or the university shall solicit not less than three (3) independent cost estimates or proposals prior to letting the contract;
(B) If the principal representative of an agency or the university determines competitive negotiation is not feasible, the contract may be let by noncompetitive negotiation;
(C) The contract shall be let to a resident of the state in accordance with W.S. 16-6-102(a).
(ii) Except as otherwise provided in paragraph (iii) of this subsection, for any contract with an estimated value in excess of fifty thousand dollars ($50,000.00), the contract shall be let in accordance with the following:
(A) The contract shall be let by competitive sealed bidding. The agency or the university shall give notice of the opportunity to bid on the contract on the state procurement website for not less than two (2) consecutive weeks. The notice shall contain a general description of the proposed contract and shall indicate the procedures by which interested persons may apply for consideration;
(B) The contract shall be let to a responsible bidder making the lowest bid except that the contract shall be let to the responsible certified resident making the lowest bid if the certified resident's bid is not more than five percent (5%) higher than that of the lowest responsible nonresident bidder in accordance with W.S. 16-6-102(a).
(iii) If the principal representative of an agency determines that the use of competitive sealed bidding is not feasible or practical, the principal representative shall submit a written determination to the department. If approved by the department, the contract may be let by competitive negotiation. If competitive negotiation is not feasible or practical, the principal representative shall submit a written determination to the governor. If approved by the governor or the governor's designee the contract may be let by noncompetitive negotiation. Contracts by the university may be let by competitive negotiation or noncompetitive negotiation in accordance with university regulations;
(iv) The director of the department, upon a written finding that it would be more efficient to use federal procurement procedures for capital construction contracts let by the Wyoming military department concerning state owned properties under the control of the adjutant general, may authorize federal procurement procedures instead of the procedures required under this subsection.
(b) The department shall adopt standard forms and procedures for the procurement of capital construction projects by an agency in accordance with this section.
(c) Any contract by an agency for a capital construction project in an amount exceeding fifty thousand dollars ($50,000.00) shall require the approval of the governor or the governor's designee prior to state commitment.
(d) Any contract let under this section shall be in accordance with the applicable contracting and residency preference laws of W.S. 16-6-101 through 16-6-121, 16-6-201 through 16-6-206, 16-6-701 through 16-6-708 and 16-6-1001.
(e) Each agency and the University of Wyoming are authorized to determine the qualifications and responsibilities of bidders or respondents for capital construction projects but shall reject any bid with improper or missing signatures or bids that lack legible numerical values. Each agency and the university may:
(i) Reject any or all bids based on the qualifications and responsibilities of bidders and respondents and readvertise for bids or responses;
(ii) Waive informalities or irregularities in any bid.
(f) No contract shall be divided for the purpose of avoiding the requirements of this section.
(g) The department is authorized to develop a list of material commodities that have been subject to significant cost escalation as the result of documented price fluctuations in the market. Using unobligated, unexpended funds within available appropriations for capital construction, the department and, if applicable, the University of Wyoming may incorporate a provision in agency contracts or university contracts for any capital construction project to be performed by applying a material cost escalation factor and a material cost de-escalation factor. In no event shall the department approve a contract that contains a material cost escalation factor less than seven and one-half percent (7.5%) or greater than thirty percent (30%). The provisions of this subsection shall be implemented by:
(i) The state building commission for state facilities and community college facilities except for facilities owned by the University of Wyoming;
(ii) The school facilities commission for school facilities;
(iii) The University of Wyoming, in consultation with the department, for facilities owned by the University of Wyoming.
(h) The department and the University of Wyoming shall expend appropriations designated for inflationary costs only after all other alternative project funding sources and appropriations have been obligated or exhausted and after a determination by the department or the University of Wyoming, as appropriate, that the authorized project cannot be completed without additional funds as the result of inflation-related cost increases.