Wyoming Administrative Code › Agency 091 - Wyoming Stable Token Commission › Sub-Agency 0001 - General Agency, Board or Commission › Chapter 1 - General Provisions › Section 1-2 - Definitions

Current through September 21, 2024
(a) In addition to the definitions provided
				in W.S. 34-29-101 and
				40-31-102, the following
				definitions are used in these rules:
(i)
				"Agency website" means the online presence of the Commission currently
				available at
https://stabletoken.wyo.gov
.
(ii) "Bid" means the submission made in
				response to an advertisement for bids, or an invitation to bid in a competitive
				or noncompetitive negotiation. "Bid" does not include a proposal, as defined in
				these rules. Notwithstanding this definition, nothing in these rules shall be
				construed to imply that bids must be accepted by the Commission or that bidders
				are qualified by being included on a bidders list or receiving an invitation to
				bid.
(iii) "Bidder" means a
				singular entity or consortium of entities that submits a bid in a competitive
				sealed bidding, competitive negotiation, or noncompetitive negotiation process.
				"Bidder" does not include a firm or proposer, as defined in these
				rules.
(iv) "Bid irregularity"
				means a defect in a bid or variation of a bid from the exact requirements of a
				bid advertisement or its addenda or bid documents. Irregularities include:
(A) Ambiguity as to any part of a
				bid;
(B) A missing unit or hourly
				bid price;
(C) An erasure or change
				in a unit or hourly bid price not initialed in ink or verifiable electronic
				signature by the bidder; and
(D) In
				addition, the failure of a bidder to:
(I)
				Return the number of copies of signed bids required by the
				invitation;
(II) Furnish required
				information such as licenses, bonds, or insurance certificates;
(III) Correct typographical or mathematical
				errors;
(IV) Sign its
				bid;
(V) Acknowledge receipt of an
				addendum to an advertisement for bids,
(VI) Submit a bid free of stipulations or
				conditions that are inconsistent with the exact requirements of the project as
				described in the bid advertisement, its addenda, or bid documents; or
(VII) Obtain written approval from the
				Commission before submitting pricing for service or material
				substitutions.
(v) "Debarment" means the exclusion of a
				proposer or bidder from submitting proposals or bids, or participating in a
				prequalification process, as a result of egregious conduct or violation of the
				public trust, including but not limited to suspected or confirmed collusion,
				suspected or confirmed fraudulent billing, suspected or confirmed violation of
				conflict of interest laws, or conviction of a contract or antitrust crime.
				Debarments are issued along with required corrective action and are in place
				until corrective action is taken to the satisfaction of the
				Commission.
(vi) "Emergency
				situation" means a situation that creates a threat to public health, welfare,
				or safety which may arise by reason of floods, epidemics or pandemics, riots,
				terrorism, hacks, equipment failures, power outages, Force Majeure, or such
				other reason as may be identified and approved by the Commission, Director, or
				their respective designee(s). The existence of such situation creates an
				immediate and serious need for services or materials that cannot be met through
				normal procurement methods and the lack of which would seriously threaten the:
(A) Functioning of state government or its
				programs;
(B) Solvency, security,
				or integrity of the Wyoming Stable Token, its technical infrastructure, its
				underlying reserves held in trust, or any other critical
				underpinning;
(C) Preservation or
				protection of property, whether tangible or intangible; or
(D) Health or safety of any person or
				persons.
(vii)
				"Evaluation committee" means a group comprised of the Director or their
				designee, members of the Board, and independent subject matter advisors that
				will be responsible for reviewing and evaluating proposals or bids, and
				providing those findings to the Commission.
(viii) "Firm" or "proposer" means a singular
				entity or consortium of entities that submits a proposal. Neither "firm" nor
				"proposer" shall include a bidder, as defined in these rules.
(ix) "Material" or "materials" means tangible
				or intangible goods, including but not limited to digital assets, software,
				hardware, physical infrastructure, or the constituent components thereof,
				solicited as part of or for incorporation into a project.
(x) "Prebid meeting" means a meeting held
				prior to the closing of an advertisement for bids. Attendance at a prebid
				meeting may be mandatory or optional, and may include or exclude
				subcontractors, at the discretion of the Director or Commission.
(xi) "Prequalification" means the
				verification that a potential proposer or bidder has met the minimum
				qualifications necessary to be successful in the performance of services or
				delivery of materials.
(xii)
				"Proposal" means the submission made in response to a request for proposals.
				"Proposal" does not mean a bid, as defined in these rules. Notwithstanding this
				definition, nothing in these rules shall be construed to imply that proposals
				must be accepted by the Commission or that proposers are qualified by being
				included on a prequalification list or receiving an invitation to submit a
				proposal.
(xiii) "Prototype
				agreement" means an agreement between the Commission and a proposer or bidder
				under which a prototype product will be or has been developed, and which may be
				reused on future projects.
(xiv)
				"Qualified bidder" means a bidder that meets all the requirements of the bid
				advertisement and whom the Commission has deemed qualified in its ability to
				perform the work requested.
(xv)
				"Qualified firm" means a firm or proposer that meets all the prequalification
				requirements for submission of a request for proposal.
(xvi) "Retainage" means the percentage of
				what the Commission pays a contractor that is withheld until the project has
				been substantially completed.
(xvii) "Revocation" means the retraction of a
				prequalification status previously granted to a proposer or bidder.
(xviii) "Service" means labor performed in
				the interest or under the direction of the Commission as part of project
				work.
(xix) "Suspension" means the
				temporary exclusion of a proposer or bidder from proposing or bidding on
				projects or participating in the prequalification process for a specified
				period of time due to unsatisfactory performance.