reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 2 - Procurement of Professional Services › Section 2-7 - Emergency selection

Current through July 13, 2024
(a) Per
				W.S.
				9-23-105(h), a procuring
				agency may waive any provision pertaining to firm selection if following the
				provision would endanger the health, welfare, or safety of the public under the
				circumstances. The procuring agency shall document the emergency situation
				necessitating the procurement, the circumstances justifying the waiver, and an
				explanation of how and why following the waived provision would endanger the
				health, welfare, or safety of the public. The decision of a procuring agency to
				waive any provision pertaining to firm selection under this provision is
				immediately subject to review by the Department Director.
(b) In the event that emergency work is
				initiated in response to an emergency condition, the procuring agency shall
				notify the Department by the next business day of, any and all efforts
				undertaken by the procuring agency to obtain competition, and the emergency
				condition that justified reliance on this section. The procuring agency, not
				the Department, is responsible for any notification to Risk Management or other
				such agencies or entities as may be statutorily required per rules and statutes
				that apply to the procuring agency.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 2 - Procurement of Professional Services › Section 2-8 - Contract

Current through July 13, 2024
Upon completion of the selection process, the procuring
				  agency shall negotiate a written contract in the form required by the
				  Department with the selected firm as determined by
				  W.S. 9-23-106
				  and Chapter 5 of these rules.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 3 - Procurement by Competitive Bidding, Competitive Negotiation, or Noncompetitive Negotiation › Section 3-1 - Authority

Current through July 13, 2024
These rules are promulgated by the Wyoming State Construction
				  Department, herein referred to as the Department, in accordance with W.S.
				  9-2-3004(c)(ii) and
				  9-23-105(e).
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 3 - Procurement by Competitive Bidding, Competitive Negotiation, or Noncompetitive Negotiation › Section 3-2 - Applicability

Current through July 13, 2024
(a) This chapter applies to agency
				procurement of capital construction project materials and services using a
				process of competitive sealed bidding, competitive negotiation, or
				noncompetitive negotiation. This chapter does not apply to the procurement of
				professional services (Chapter 2 of these rules) or alternative design and
				construction delivery methods (Chapter 4 of these rules).
(b) The Department Director may authorize the
				use of federal procedures for military department procurements as allowed by
				W.S.
				9-2-3006(a)(iv).
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 3 - Procurement by Competitive Bidding, Competitive Negotiation, or Noncompetitive Negotiation › Section 3-3 - General provisions

Current through July 13, 2024
(a) The Department reserves the right to use
				procurement software and related technology to meet any of the requirements of
				this chapter, including but not limited to opening, noting, and time stamping
				receipt of bids.
(b) The Department
				Director may delegate the exercise of the Department's discretion to a
				procuring agency.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 3 - Procurement by Competitive Bidding, Competitive Negotiation, or Noncompetitive Negotiation › Section 3-4 - Choice of procurement process

Current through July 13, 2024
(a) A contract for capital construction
				project materials or services with an anticipated value of fifty thousand
				dollars ($50,000) or less shall be procured through competitive negotiation per
				Section
				8 of this chapter and
				W.S.
				9-2-3006.
(b) A contract for capital construction
				project materials or services with an anticipated value in excess of fifty
				thousand dollars ($50,000) shall be procured through competitive sealed bidding
				per Sections
				9 through
				21 of this chapter and
				W.S.
				9-2-3006.
(c) Paragraphs (a) and (b) shall not apply to
				a contract if:
(i) The contract is for
				professional services or alternative design and construction delivery
				methods;
(ii) The procuring agency
				obtains an approved bid waiver under Section
				5 of this chapter;
(iii) The procuring agency is procuring the
				contract to respond to an emergency situation under Sections
				5 and
				6 of this chapter; or
(iv) The procuring agency is paying for any
				of the following expenses of a capital construction project: utility fees;
				legally required permits, licenses, or other governmental approvals; or
				inter-fund transfers between state agencies.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 3 - Procurement by Competitive Bidding, Competitive Negotiation, or Noncompetitive Negotiation › Section 3-5 - Bid waivers

Current through July 13, 2024
(a) If the principal representative of a
				procuring agency determines that competitive negotiation is not feasible for a
				contract with an estimated value equal to fifty thousand dollars ($50,000.00)
				or less, the contract may be let by noncompetitive negotiation under Section
				7 of this chapter without a bid waiver from
				the Department or the Governor.
(b)
				If the principal representative of a procuring agency determines that
				competitive bidding is not feasible or practical for a contract with an
				estimated value in excess of fifty thousand dollars ($50,000), the principal
				representative may submit his or her written determination to the Department
				and seek approval for the contract to be let by competitive negotiation under
				Section
				8 of this chapter. The Department Director
				may approve such a bid waiver in accordance with
				W.S.
				9-2-3006(a)(iii) and the
				following:
(i) A principal representative's
				written determination and request for approval of competitive negotiation shall
				be based on factors including, but not limited to:
(A) Whether the procuring agency attempted to
				advertise for competitive sealed bids, but was unsuccessful despite its good
				faith attempts under Section
				12 of this chapter. If the procuring agency
				received one or more bids, the agency shall explain why the bids received were
				inadequate;
(B) Whether competitive
				sealed bidding is impractical or infeasible due to a lack of competition in the
				industry;
(C) Whether competitive
				sealed bidding is impractical or infeasible because only a small number of
				potential bidders are uniquely qualified for the work due to circumstances,
				geographic disparities, experience with the project, or proprietary techniques
				or technologies; or
(D) Whether
				competitive sealed bidding is impractical or infeasible due to time or other
				constraints that prevent completion of advertisement for competitive bids or
				any other requirements under this chapter.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 3 - Procurement by Competitive Bidding, Competitive Negotiation, or Noncompetitive Negotiation › Section 3-6 - Emergency contracting

Current through July 13, 2024
(a) A procuring agency experiencing an
				emergency situation may, in accordance with this section, procure services or
				materials without adhering to the notice, bid, and negotiation requirements in
				this chapter. The procuring agency shall document to the Department the
				emergency situation necessitating the procurement and an explanation of how and
				why it is necessary not to adhere to the notice, bid, and negotiation
				requirements in this chapter. When a procuring agency decides not to follow the
				notice, bid, or negotiation requirements due to an emergency situation, that
				agency is immediately subject to review by the Department Director.
(b) In the event that emergency work is
				initiated in response to an emergency situation, the procuring agency shall
				notify the Department by the next business day of any and all efforts
				undertaken by the procuring agency to obtain competition, and the emergency
				situation that justified reliance on this section. The procuring agency, not
				the Department, is responsible for any notification to Risk Management or other
				such agencies or entities as may be required by laws applicable to the
				procuring agency or emergency situation.
(i)
				For emergency work with an estimated value of fifty thousand dollars ($50,000)
				or more, a bid waiver shall be submitted as soon as possible, as required by
				Section
				5 of these rules, and shall be approved by
				the Governor or Governor's designee in accordance with Section
				5(c).
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 3 - Procurement by Competitive Bidding, Competitive Negotiation, or Noncompetitive Negotiation › Section 3-7 - Noncompetitive negotiation

Current through July 13, 2024
Non-competitive negotiations (sometimes also known as
				  "sole-sourcing") may proceed when the procuring agency has:
(a) Obtained an approved waiver under Section
				5 of this chapter; and
(b) Secured a bid from a qualified bidder
				that meets the solicitation response requirements of Section
				8
.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 3 - Procurement by Competitive Bidding, Competitive Negotiation, or Noncompetitive Negotiation › Section 3-8 - Competitive negotiation

Current through July 13, 2024
(a) To initiate competitive negotiation, the
				procuring agency shall solicit not less than three (3) independent cost
				estimates or proposals. Per W.S. 9-2-3001(b)(iii), competitive negotiation may
				be conducted through a request for proposals process or any other similar
				competitive selection process.
(b)
				A competitive negotiation conducted using a request for proposal process shall
				comply with the following:
(i) The procuring
				agency shall issue a request for proposals shall be made to certified residents
				under
				W.S.
				16-6-102 in a standard format consistent with
				Department policy and shall include:
(A) A
				description of the project scope, the required project timeline, and the
				desired deliverables;
(B)
				Submission procedures and content requirements for technical proposals;
				and
(C) Submission procedures and
				content requirements for the proposer's estimated fee.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 3 - Procurement by Competitive Bidding, Competitive Negotiation, or Noncompetitive Negotiation › Section 3-9 - Bidder prequalification for competitive sealed bidding

Current through July 13, 2024
(a) In a competitive sealed bidding process,
				a procuring agency may, at its discretion, require all potential bidders to
				submit applications for prequalification prior to submitting bids on a
				project.
(b) Prequalification does
				not replace the use of evaluation criteria as allowed in Section
				20(a) of this rule. A
				procuring agency may use prequalification in conjunction with the evaluation
				criteria even after prequalification has been completed.
(c) A call for prequalification applications
				shall be advertised, at a minimum, on the state procurement website for not
				less than two (2) consecutive weeks.
(d) To the extent applicable, based on the
				scope of work requested in the call for prequalification applications, an
				application for prequalification shall include, at a minimum:
(i) A signed affidavit stating the
				applicant's willingness to comply with applicable laws and policies, which may
				or may not be unique to the project or procuring agency;
(ii) Proof of equipment, certifications, or
				experience specific to the scope of project work;
(iii) A workers compensation program
				certificate of good standing from the Wyoming Department of Workforce
				Services;
(iv) An unemployment
				insurance program certificate of good standing from the Wyoming Department of
				Workforce Services; and
(v) Proof
				of the applicant's residency certification per
				W.S.
				16-6-102, if applicable.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 3 - Procurement by Competitive Bidding, Competitive Negotiation, or Noncompetitive Negotiation › Section 3-10 - Prequalification term, status notification, and revocation

Current through July 13, 2024
(a) Prequalification for a competitive sealed
				bid process shall be designated on a perproject basis. Designation of
				prequalification on one project shall not be construed as prequalification for
				any other project, nor shall prequalification on one project be accepted in
				lieu of required documentation for prequalification on another
				project.
(b) Upon completion of its
				review of all prequalification applications for a project, a procuring agency
				shall notify a prequalification applicant of the agency's decision with regards
				to the applicant's prequalification status, including the reason for the
				decision. The procuring agency shall also publish on the state procurement
				website a complete list of potential bidders that are prequalified to bid on
				the specified project.
(c) The
				decision to revoke a prequalification granted to a potential bidder is at the
				discretion of the procuring agency. A procuring agency shall follow the
				processes in Chapter 6, Section
				4(c) of these rules if it
				revokes a potential bidder's prequalification.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 3 - Procurement by Competitive Bidding, Competitive Negotiation, or Noncompetitive Negotiation › Section 3-11 - Request for review of denial of prequalification application

Current through July 13, 2024
(a) A potential bidder denied
				prequalification status after filing an application for prequalification status
				may request the procuring agency to review the application decision. The
				potential bidder shall file a written request for review to the procuring
				agency including:
(i) The name and address of
				the requesting potential bidder;
(ii) A brief explanation of why the potential
				bidder's prequalification application should be granted;
(iii) The statute, rule, or policy which the
				potential bidder believes was applied incorrectly or in error;
(iv) Any additional facts the potential
				bidder would like to be considered, including any relevant exhibits, evidence,
				or documents of substantiation to support a requested change in the
				prequalification outcome.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 3 - Procurement by Competitive Bidding, Competitive Negotiation, or Noncompetitive Negotiation › Section 3-12 - Advertising for competitive sealed bids

Current through July 13, 2024
(a) To initiate competitive sealed bidding
				for a project, a procuring agency that has not required bidder prequalification
				(as allowed under Sections
				9 and
				10 of this chapter) shall advertise a
				notice to submit bids for the project. The advertisement for bids shall be
				published on the state procurement website for not less than two (2)
				consecutive weeks. If the procuring agency opts to utilize an online bidding
				site to publish project estimates and plans, it shall provide to the Department
				a link to the bidding site that the Department shall include on the state
				procurement website. An advertisement for bids shall contain, at a minimum, the
				following information:
(i) The name of the
				procuring agency;
(ii) A designated
				procurement point of contact with contact information;
(iii) A description of the scope of the
				desired work;
(iv) The location of
				the desired work;
(v) An estimated
				project completion date;
(vi)
				Procedures to submit bids;
(vii) A
				request for multiple or alternate bids or life cycle analysis of materials, if
				such will be used;
(viii) Methods
				to access plans and bid documents;
(ix) Information regarding prebid meetings,
				if any, held at the discretion of the procuring agency;
(x) Required bid security and bonding
				limits;
(xi) Deadline to submit
				bids and bid opening information; and
(xii) Sample contract and bidder
				affidavits.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 3 - Procurement by Competitive Bidding, Competitive Negotiation, or Noncompetitive Negotiation › Section 3-13 - Procuring agency's addenda to bid advertisements

Current through July 13, 2024
(a) After a notice to submit bids is
				published, a procuring agency may issue addenda to the bid advertisement to
				respond to a potential bidder's request for clarification under Section
				14 of this chapter, or for the purpose of
				making changes or increasing the level of detail to the:
(i) Requested scope of work;
(ii) Project completion date;
(iii) Bid opening date;
(iv) Qualification requirements;
(v) Evaluation criteria; or
(vi) Other requirements in the advertisement
				that may affect the ability of a bidder to make a full and complete
				bid.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 3 - Procurement by Competitive Bidding, Competitive Negotiation, or Noncompetitive Negotiation › Section 3-14 - Requests for clarifications of bid advertisements

Current through July 13, 2024
(a) A potential bidder may submit a written
				request for clarification from a procuring agency on the procuring agency's
				advertisement for bids. A potential bidder that directly contacts the procuring
				agency or its representatives shall be directed to the appropriate forum for
				posing questions.
(b) The procuring
				agency may, at its discretion, opt to provide such clarification so long as
				doing so would not restrict competition or provide an undue advantage to one or
				more potential bidders.
(i) If the procuring
				agency grants the request, the agency shall answer the potential bidder's
				questions in a written addendum issued in accordance with Section
				13 of this chapter. If necessary, the
				procuring agency shall adjust the bid opening deadline in accordance with
				Section
				13(d).
(ii) Only clarifications issued in accordance
				with this section shall be binding upon the procuring agency. Clarifying
				information provided at a prebid meeting shall not be considered binding on the
				procuring agency until the agency issues an addendum to the bid advertisement
				in accordance with Section
				13 of this chapter.
(iii) In the event that one potential bidder
				may have been granted access to additional information about the bid
				advertisement, the procuring agency shall immediately release the information
				to other potential bidders in an addendum.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 3 - Procurement by Competitive Bidding, Competitive Negotiation, or Noncompetitive Negotiation › Section 3-15 - Access to plans and bid documents

Current through July 13, 2024
(a) Any cost incurred to access and download
				plans shall be the responsibility of the potential bidder.
(b) The Department and procuring agencies do
				not coordinate with any third-party plan delivery companies, or so-called "Plan
				Rooms." Potential bidders are responsible for accessing plans directly from the
				location specified by the procuring agency to ensure accuracy and receipt of
				future addenda.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 3 - Procurement by Competitive Bidding, Competitive Negotiation, or Noncompetitive Negotiation › Section 3-16 - Prebid conferences and site visits

Current through July 13, 2024
(a) A procuring agency may schedule prebid
				conferences and site visits for a project, and may designate a prebid
				conference or site visit as mandatory. Any bidder that fails to attend a
				mandatory prebid conference or mandatory site visit shall be ineligible to bid
				on that project.
(b) The procuring
				agency shall announce the time, date, and location of any prebid conference or
				site visit to all potential bidders in the bid advertisement or through an
				addendum to the bid advertisement. The procuring agency's announcement of a
				prebid conference or site visit shall state whether the prebid conference or
				site visit is mandatory.
(c) A
				prebid conference shall be held not less than two (2) business days after the
				bid advertising period has been completed per Section
				12 of this chapter, but not less than ten
				(10) business days before bids are due. At the discretion of the Department,
				the above time frame may be increased based on the technicality or dollar
				amount of the project.
(d) The
				procuring agency may hold a prebid conference in the following formats at the
				procuring agency's discretion:
(i) In
				person;
(ii)
				Teleconference;
(iii) Webinar;
				or
(iv) Other electronic medium
				approved by the Department Director and made available to potential bidders by
				the procuring agency at its expense.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 3 - Procurement by Competitive Bidding, Competitive Negotiation, or Noncompetitive Negotiation › Section 3-17 - Content of competitive sealed bids

Current through July 13, 2024
(a) Competitive sealed bids submitted under
				this chapter shall include:
(i) A bid,
				developed on forms provided by the Department, with all fields fully completed
				as specified on the forms, in dark ink or typed, and prepared electronically
				for upload; and
(ii) A signed
				affidavit from the bidder certifying:
(A) That
				bids have been developed independently;
(B) No effort has been made to restrict
				competition;
(C) The bidder is in
				receipt of all addenda;
(D) The
				bidder's residency status per
				W.S.
				16-6-102, if applicable;
(E) The person signing the bid is authorized
				to represent the organization for whom he or she is signing;
(F) The ownership and legal structure of the
				organization; and
(G) The bidder
				agrees to comply with all applicable regulations, policies, guidelines, and
				requirements that pertain to the capital construction project;
(iii) Bid security, as required by
				applicable statute and Section
				18 of this chapter;
(iv) Documentation required by Subsection (b)
				of this section, if applicable; and
(v) Any other information required by the
				procuring agency in the bid advertisement or its addenda.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 3 - Procurement by Competitive Bidding, Competitive Negotiation, or Noncompetitive Negotiation › Section 3-18 - Bid security

Current through July 13, 2024
(a) Bid security shall be:
(i) Provided by a bidder in an amount equal
				to ten percent (10%) of the contract value for a project valued over one
				hundred fifty thousand dollars ($150,000) per W. S.9-2-3004(c)(iv)(A), or set
				at an amount determined at the discretion of the procuring agency as defined in
				Department policy for a project valued under one hundred fifty thousand dollars
				($150,000) per W.S. 9-2-3004(c)(iv); and
(ii) Overseen and managed by the
				Department.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 3 - Procurement by Competitive Bidding, Competitive Negotiation, or Noncompetitive Negotiation › Section 3-19 - Bid submission, modification, and withdrawal

Current through July 13, 2024
(a) Deadlines. Bidders are solely responsible
				for meeting the bid submission deadline.
(i)
				For bids submitted electronically, bidders shall allow sufficient time to
				complete online forms and upload documents. The bid submission period shall end
				at the posted closing time and bidders shall not be permitted to complete
				in-progress submissions after that time.
(ii) For bids submitted by physical delivery,
				delays caused by the bidder's delivery service shall not be an acceptable
				reason for a bid or modification being late. All bids or modifications sent by
				physical delivery shall be date and time stamped by the procuring agency upon
				receipt.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 3 - Procurement by Competitive Bidding, Competitive Negotiation, or Noncompetitive Negotiation › Section 3-20 - Principles for evaluating bids, price or quantity discrepancies, and bid irregularities

Current through July 13, 2024
(a) Evaluation criteria. The procuring agency
				shall develop and use qualifications evaluation criteria for submitted bids to
				establish a reasonable certainty that the responsible low bidder can be
				expected to complete the work as proposed. Evaluation criteria may include but
				are not necessarily limited to a bidder's:
(i) Ability to meet deadlines;
(ii) Bonding Capacity;
(iii) Qualifications;
(iv) Certifications;
(v) Licensing;
(vi) Experience;
(vii) Compliance with applicable laws and
				regulations;
(viii) Type of
				services provided;
(ix)
				Availability of product, equipment, supplies, or services; and
(x) References or other information on past
				project performance, including the experience of the procuring agency with that
				bidder or proposer.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 3 - Procurement by Competitive Bidding, Competitive Negotiation, or Noncompetitive Negotiation › Section 3-21 - Evaluation of bids and award of contract

Current through July 13, 2024
(a) Procedures after bid submission. Upon
				closure of the bid submission period, the Department or procuring agency shall:
(i) Note the date and time of receipt of all
				bids;
(ii) Open all bids in the
				presence of one or more witnesses, at the time and place designated in the bid
				advertisement;
(iii) Record each
				bid opened, including bidder name and bid total;
(iv) Examine each bid for validity and
				completeness;
(v) Prepare a summary
				of bids received;
(vi) Apply the
				residency preference per
				W.S.
				16-6-102(a);
(vii) Publish a summary that includes the
				bidders and bid totals or the decision of the procuring agency to reject all
				bids; and
(viii) If applicable,
				notify the procuring agency that it may review and evaluate the submitted
				bids.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 3 - Procurement by Competitive Bidding, Competitive Negotiation, or Noncompetitive Negotiation › Section 3-22 - Cancellation of a bid advertisement

Current through July 13, 2024
(a) A procuring agency may cancel an
				advertisement for bids, subject to review by the Department Director.
(b) Grounds for cancelling a bid
				advertisement may include, but are not limited to:
(i) A change in circumstances such that the
				project is no longer required or funding is no longer available;
(ii) All bids received exceed available
				funding;
(iii) All responsible,
				qualified bids are at clearly unreasonable prices;
(iv) Reason to suspect collusion between
				bidders or submission of bids in bad faith;
(v) The advertisement did not provide for
				consideration of all factors of significance to the State; or
(vi) Proposed amendments to the advertisement
				are of sufficient impact that a new advertisement is desirable.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 3 - Procurement by Competitive Bidding, Competitive Negotiation, or Noncompetitive Negotiation › Section 3-23 - Cancellation of an award of a contract

Current through July 13, 2024
(a) A procuring agency may cancel the award
				of a contract, subject to review by the Department Director. A decision to
				cancel an award under this section shall be supported in a written
				document.
(b) Reasons for
				cancelling an award of a contract may include, but are not limited to:
(i) Project is no longer required;
(ii) Funding is no longer
				available;
(iii) Reason to suspect
				collusion between bidders or submission of bids in bad faith; or
(iv) The apparent low bidder is no longer
				able to complete the work as bid.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 4 - Alternate Design and Construction Delivery Methods › Section 4-1 - Authority

Current through July 13, 2024
(a) A procuring agency may utilize alternate
				design and construction delivery methods for capital construction projects, as
				allowed by
				W.S.
				16-6-702(b).
(b) Projects subject to approval by the
				School Facilities Commission shall comply with the alternate design and
				construction delivery approval process as outlined in School Facilities
				Commission rules.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 4 - Alternate Design and Construction Delivery Methods › Section 4-2 - As-needed contracts

Current through July 13, 2024
(a) A procuring agency may procure a contract
				for materials or services on an as-needed basis, provided that:
(i) The procuring agency complies with the
				applicable advertising requirements of:
(A)
				Chapter 2 of these rules for procurement of professional services; or
(B) Chapter 3 of these rules for procurement
				by competitive bidding, competitive negotiation, or noncompetitive negotiation;
				and
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 4 - Alternate Design and Construction Delivery Methods › Section 4-3 - Construction manager at-risk (CMAR)

Current through July 13, 2024
(a) A procuring agency may, when determined
				to be in the best interest of the State of Wyoming and in compliance with any
				statutorily required approvals, hire a CMAR for project delivery. When a CMAR
				is used, the procuring agency shall enter into a contract with a single
				proposer to provide preconstruction services and optionally oversee and
				subcontract construction services. A procuring agency has discretion to use a
				CMAR based on the individual needs and merits of the capital construction
				project.
(b) The procuring agency
				shall issue a request for statements of qualifications from potential proposers
				wishing to submit proposals for CMAR services. The procuring agency shall
				advertise the request for at least two (2) weeks on the state procurement
				website prior to the initiation of selection procedures. The procuring agency
				may advertise the request using additional methods.
(c) The request for statements of
				qualifications shall state the minimum and maximum number of potential
				proposers that will be invited to submit final proposals. Prequalification
				shall be based on an evaluation of criteria set forth in the request for
				qualifications including:
(i) Construction
				and design experience;
(ii)
				Technical competence; and
(iii) The
				proposer's capability to perform the work requested including financial,
				manpower, and equipment resources, experience in other similar CMAR projects,
				and past performance.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 4 - Alternate Design and Construction Delivery Methods › Section 4-4 - Design-build

Current through July 13, 2024
(a) A procuring agency may, where determined
				to be in the best interest of the State, and in compliance with any statutorily
				required approvals, use the design-build method of project design and
				construction delivery. When a procuring agency uses the design-build method, it
				shall enter into a contract with a single proposer to provide design services
				in addition to construction or maintenance services. The use of this method
				shall be determined by the individual needs and merits of the
				project.
(b) Prequalification.
(i) The procuring agency shall issue a
				request for statements of qualifications from potential proposers wishing to
				submit proposals on a design-build project. The request shall state the minimum
				and maximum number of proposers that will be invited to submit final proposals.
				The request shall be advertised in accordance with Chapter 3, Section 8 of
				these rules related to advertisement requirements.
(ii) Prequalification shall be based on an
				evaluation of criteria set forth in the request for statements of
				qualifications, including:
(A) Construction
				and design experience,
(B)
				Technical competence, and
(C) The
				statement submitter's capability to perform the work requested including
				financial, manpower, and equipment resources, experience in other similar
				designbuild projects, and past performance.
(iii) The field of competing statement
				submitters shall be narrowed to the most qualified proposers not to exceed the
				number designated in the request for statements of qualifications. Failure to
				receive at least two (2) qualified proposers shall necessitate the
				readvertisement of the project.
(iv) A procuring agency may select a
				design-builder based solely on submitted statements of qualification, provided
				that:
(A) At least two (2) firms responded to
				the request for statements of qualifications; and
(B) The estimated cost for construction of
				the project is equal to or less than five hundred thousand dollars
				($500,000).
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 5 - Post-Award Project Performance › Section 5-1 - Authority

Current through July 13, 2024
These rules are promulgated by the Wyoming State Construction
				  Department, herein referred to as the Department, in accordance with W.S.
				  9-2-3004(c)(ii) and
				  9-23-105(e).
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 5 - Post-Award Project Performance › Section 5-2 - Contract negotiation and execution

Current through July 13, 2024
(a) All contracts for projects procured under
				these rules shall be:
(i) Negotiated and
				executed in compliance with
				W.S.
				9-23-101;
(ii) Submitted to and approved by the
				Attorney General's Office in compliance with procedures established by the
				Wyoming Attorney General's Office, except for contracts made between school
				districts and vendors where the Department is not a signatory. School district
				contracts between vendors where the Department is not a signatory shall be on
				templates approved by the School Facilities Commission and the Attorney
				General's Office;
(iii) Filed with
				and approved by the Department per W.S. W.S. 9-1-403(b)(viii);
(iv) Executed by a principal representative
				of the procuring agency;
(v)
				Executed on the Department's contract templates, unless otherwise approved by
				the Department and the Attorney General's Office. The procuring agency shall
				select the correct template that corresponds to the scope of work of the
				intended project, subject to review and guidance by the Department;
				and
(vi) Approved by the Governor
				or the Governor's designee if the contract is valued in excess of fifty
				thousand dollars ($50,000) per W.S.
				W.S.
				9-2-3006(c).
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 5 - Post-Award Project Performance › Section 5-3 - Contract Management

Current through July 13, 2024
The procuring agency shall be responsible for managing the
				  executed contract to ensure compliance with required terms during the contract
				  performance period, including but not limited to residency preference
				  requirements applicable to the project and the materials or services
				  procured.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 5 - Post-Award Project Performance › Section 5-4 - Payments

Current through July 13, 2024
(a) Payments for materials and services shall
				be delivered only when:
(i) The contract for
				services is compliant with the requirements of W.S. 9-1-403(b);
(ii) The contractor requests payment for
				services rendered using the approved forms provided by the Department;
				and
(iii) The procuring agency
				provides verification of the completion of work included in the contractor's
				request for payment. The procuring agency may require additional forms or
				affidavits before releasing payments.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 6 - Dispute Resolution and Bidder or Firm Discipline › Section 6-1 - Authority

Current through July 13, 2024
These rules are promulgated by the Wyoming State Construction
				  Department, herein referred to as the Department, in accordance with W.S.
				  9-2-3004(c)(ii) and
				  9-23-105(e).
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 6 - Dispute Resolution and Bidder or Firm Discipline › Section 6-2 - Judicial review

Current through July 13, 2024
(a) With regard to actions for procurement
				subject to these rules, an aggrieved or adversely affected person may initiate
				a judicial review per W.S. §
									
										16-3-114.
(b) Nothing in this subsection shall be
				construed as an administrative appeal and a person need not request or
				participate in informal dispute resolution prior to seeking judicial
				review.
(c) If a judicial review
				action has been commenced in district court regarding a matter at issue in a
				request for informal dispute resolution under these rules, the Department shall
				not act on the request, but shall refer it to the Attorney General's Office and
				provide notice of such action to the requester.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 6 - Dispute Resolution and Bidder or Firm Discipline › Section 6-3 - Informal dispute resolution

Current through July 13, 2024
(a) A bidder or firm may file a written
				request for informal dispute resolution with the Department concerning a
				Department or procuring agency action within the following timelines:
(i) Accepting or rejecting bids: within ten
				(10) business days of bid opening;
(ii) Requests for proposal: within ten (10)
				business days of notice of exclusion from consideration;
(iii) Project award: Within ten (10) business
				days of project notice to award. Contract negotiation may proceed but contract
				execution shall not proceed until the period for requesting dispute resolution
				has expired.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 6 - Dispute Resolution and Bidder or Firm Discipline › Section 6-4 - Contractor or firm discipline

Current through July 13, 2024
(a) Any contractor or firm whose performance
				has been unsatisfactory as reported by a procuring agency may be subject to
				disciplinary actions, which may include revocation of the contractor or firm's
				inclusion in the professional services list or its contractor prequalified
				status, suspension, or debarment.
(b) At the discretion of the Department
				Director or procuring agency, as applicable, conditions which may warrant
				disciplinary action include, but are not limited to:
(i) Late delivery of services or
				materials;
(ii) Failure to deliver
				services or materials as bid or proposed;
(iii) Unauthorized substitutions of materials
				other than those specified;
(iv)
				Defective performance of services or delivery of defective materials;
(v) Billing errors;
(vi) Submitting or participating in multiple
				bids when not specifically requested in the solicitation;
(vii) The improper or illegal conduct of an
				individual employed in a position of authority with a contractor or firm, when
				on or off his or her job with the contractor or firm. Positions of authority
				include, but are not limited to officer, director, partner, manager, key
				employee, or other principal;
(viii) Undisclosed relationships or
				affiliations that create or could create a conflict of interest preventing true
				competitive procurements; or
(ix)
				Changed conditions, including any development that arises which, in the opinion
				of the Department Director in the case of suspension or debarment or the
				procuring agency in the case of suspension, adversely reflects the bidder's
				responsibility or trustworthiness.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0004 - State Building Commission › Chapter 1 - General Provisions and Administration › Section 1-1 - Wyoming State Building Commission

Current through July 13, 2024
The Wyoming State Building Commission was established by
				  Wyoming Statute §
									
										9-5-101, as amended, and has the powers and
				  duties established in W.S. §§
									
										9-5-101 through 108.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0004 - State Building Commission › Chapter 1 - General Provisions and Administration › Section 1-2 - Authority

Current through July 13, 2024
These rules are promulgated in accordance with the Wyoming
				  Administrative Procedures Act, W.S. §
									
										16-3-101 et. seq.; W.S. §§
									
										9-5-101 through 95-108.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0004 - State Building Commission › Chapter 1 - General Provisions and Administration › Section 1-6 - Charges for producing public records

Current through July 13, 2024
The Commission hereby incorporates by reference the following
				  uniform rules:
(a) Chapter 2 - Uniform
				Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing
				Public Records adopted by the Department of Administration and Information and
				effective on September 6, 2016, found at:
http://rules.wyo.gov
.
(b) For these rules incorporated by
				reference:
(i) The Commission has determined
				that incorporation of the full text in these rules would be cumbersome or
				inefficient given the length or nature of the rules;
(ii) The incorporation by reference does not
				include any later amendments or editions of the incorporated matter beyond the
				applicable date identified in subsection (a) of this section; and
(iii) The incorporated rules are maintained
				at the SCD's office and are available for public inspection and copying at the
				same location.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0004 - State Building Commission › Chapter 1 - General Provisions and Administration › Section 1-7 - Naming of public buildings

Current through July 13, 2024
The Commission may, after soliciting public comment and by
				  resolution passed by the majority of its members, name any new public building
				  constructed or otherwise acquired by the State or rename any public building
				  currently owned by the State.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0004 - State Building Commission › Chapter 2 - Meetings and Hearings › Section 2-1 - Authority

Current through July 13, 2024
The State Building Commission, pursuant to Wyoming Statutes
				  §
									
										9-5-107(f) and §
									
										9-5-108(b)(ii), is
				  authorized to promulgate rules establishing its procedures for holding public
				  meetings and hearings and for receiving public comments at its meetings and
				  hearings.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0004 - State Building Commission › Chapter 2 - Meetings and Hearings › Section 2-2 - Minutes

Current through July 13, 2024
Summary minutes of public meetings and public hearings shall
				  be prepared under the supervision and direction of the Secretary, submitted at
				  the next meeting of the Commission for approval, and upon Commission approval,
				  signed by the Chairman and the Secretary. The minutes shall reflect any action
				  taken by the Commission and shall include the verbatim language of any motion
				  or motions that passed by majority vote of the Commission at the
				  meeting.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0004 - State Building Commission › Chapter 2 - Meetings and Hearings › Section 2-3 - Public meetings

Current through July 13, 2024
The following govern the time, place, and manner of all
				  public meetings held by the Commission pursuant to W.S. §
									
										9-5-107(f). The Commission
				  shall hold a regular meeting on the second Wednesday of January, April, July,
				  and October at 8:00 A.M. The location of the meeting shall be posted on the
				  Commission's website. The Commission may, by resolution passed by the majority
				  of its members, reschedule an upcoming regular meeting.