reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 3 - Uniform Adequacy Standards › Section 3-4 - Building Site Requirements

Current through July 13, 2024
(a) Size
				requirements. For schools that intend to organize and operate more than one of
				the following school types on a single site, the higher of the site sizes
				serves as the applicable requirement. Sites larger than those in the following
				requirements are permissible but exceed these adequacy standards. If an
				alternative school shares a site with another school, the alternative school
				students shall contribute toward the site size calculation for the combined
				school site.
(i) For elementary schools, an
				adequate site size is up to four (4) acres, plus an additional acre for each
				one hundred (100) students.
(ii)
				For middle schools, an adequate site size is up to ten (10) acres, plus an
				additional acre for each one hundred (100) students.
(iii) For senior high schools, an adequate
				site size is up to twenty (20) acres, plus an additional acre for each one
				hundred (100) students.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 3 - Uniform Adequacy Standards › Section 3-5 - Building Performance Standards

Current through July 13, 2024
A building shall:
(a)
				Have an FCI score between 0.0 and 0.60;
(b) Have exterior finishes that repel wind,
				snow, ice, and water intrusion;
(c)
				Have roofing with positive water drainage;
(d) Be structurally sound. A school building
				shall be considered structurally sound and safe if the building presents no
				imminent danger or major visible signs of decay or distress;
(e) Be deemed adequate with respect to this
				subsection if the building systems are capable of maintaining an acceptable
				level of room comfort as determined by the Classroom Temperature Psychometric
				Chart adopted by the Commission and effective on August 27, 2020; and
(f) Utilize one (1) or more of the following
				energy efficiency features:
(i)
				Energy-efficient lighting;
(ii)
				Light level control;
(iii)
				Occupancy sensors;
(iv) Multiple
				pane windows; and
(v) HVAC setback
				control.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 3 - Uniform Adequacy Standards › Section 3-6 - Special Needs Students

Current through July 13, 2024
School buildings and facilities shall be deemed adequate with
				  regard to this section if the building or facility meets the special needs of
				  students enrolled in the school as identified in their individualized education
				  plans. If a special needs student enrolls in a district and the educational
				  buildings and facilities that correspond to that student's needs are not
				  adequate for the education and use of that student, the district shall notify
				  the Department. The Department shall work with the Commission to develop a
				  remedy to comply with the student's individualized education
				  plan.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 3 - Uniform Adequacy Standards › Section 3-7 - Building and Facility Accessibility

Current through July 13, 2024
School buildings and facilities shall be deemed adequate with
				  regard to this section if the authority having jurisdiction deems the building
				  or facility to be in compliance with relevant accessibility standards,
				  including local accessibility codes, the Americans with Disabilities Act of
				  1990 and the Americans with Disabilities Act Accessibility
				  Guidelines.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 3 - Uniform Adequacy Standards › Section 3-9 - Capacity and Square Footage Requirements

Current through July 13, 2024
(a) Because the
				Commission has determined that incorporation of the full text of its
				methodologies would be cumbersome or inefficient, the following methodologies
				are incorporated by reference in these Commission rules.
(i) Enrollment Projection Methodology adopted
				by the Commission and effective on August 27, 2020;
(ii) Capacity Calculation Methodology,
				adopted by the Commission and effective on August 27, 2020; and
(iii) Maximum Allowable Educational Building
				Square Footage Methodology, adopted by the Commission and effective on August
				27, 2020.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 3 - Uniform Adequacy Standards › Section 3-10 - Technological Capacity Criteria

Current through July 13, 2024
Any school building or facility capable of being utilized to
				  provide the required educational program under the state education technology
				  plan is deemed adequate with respect to this section. An educational building
				  or facility shall have technology infrastructure to support all aspects of the
				  educational, operational, and administrative processes, with access to internet
				  connectivity and telecommunications services.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 3 - Uniform Adequacy Standards › Section 3-11 - Adequacy Standards for Alternative Schools and Charter Schools

Current through July 13, 2024
(a)
				Net educational space, at minimum, shall equal sixty-seven (67) sq. ft. per
				student. Because of the diversity of teaching strategies and the selective use
				of instructional areas, no designated type or size of space usage shall be
				mandatory, however the district must have access to sufficient space to deliver
				the required educational program.
(b) For alternative schools and charter
				schools on an independent site, the educational facilities shall comply with
				the following provisions in this Chapter: §§
									3;
				4(c)(iii), (iv), (vi),
				(vii);
				5;
				6;
				7;
				9; and
				10.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 3 - Uniform Adequacy Standards › Section 3-12 - Site Security

Current through July 13, 2024
Security features included in the Facility Design Guidelines
				  do not exceed these adequacy standards. School buildings shall have:
(a) The following locking systems and
				hardware:
(i) Locks on the inside of
				classroom doors;
(ii) Exterior door
				locks; and
(iii) Door keying
				systems;
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 3 - Uniform Adequacy Standards › Section 3-13 - Nonstudent-related buildings and facilities

Current through July 13, 2024
All nonstudent-related buildings and facilities shall comply
				  with the following provisions in this Chapter: §§
									3,
				  4(c)(v) and (vi),
				  5,
				  7, and
				  10, as applicable. Any building or facility
				  other than a student-related or nonstudent-related building or facility exceeds
				  these adequacy standards.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 3 - Uniform Adequacy Standards › Section 3-14 - Adequacy and availability of district-owned space for the operation of a charter school

Current through July 13, 2024
The Department shall utilize the floor plans on file in the
				  statewide database with the Department and the applicable district's facility
				  plan to determine whether district-owned space is available and the most recent
				  Facility Condition Assessment and Section
				  11 of this Chapter to determine whether
				  that school building or facility is adequate for operation of a charter school.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 4 - Facility Planning › Section 4-2 - Facility Plan

Current through July 13, 2024
The Department shall schedule facility plan review meetings
				  with each district. Facility plan review meetings shall be conducted every two
				  years at a minimum. Districts shall participate in the facility planning
				  process and supply information requested by the Department in the prescribed
				  format.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 5 - Emergency Funding Procedures › Section 5-2 - Basis for Declaration of Emergency

Current through July 13, 2024
The Commission recognizes that emergencies may occur with
				  respect to the adequacy of buildings and facilities and which immediately and
				  substantially impact the ability of the district to provide educational
				  programs required by law. Districts respond to emergencies in order to mitigate
				  damages and restore the District's ability to provide educational programs
				  required by law by first utilizing insurance coverage and then major building
				  and facility repair and replacement payments. Emergency funding for temporary
				  measures may become necessary under certain circumstances when insurance
				  funding is not available or major building and facility repair and replacement
				  payments are not sufficient. Emergency funding for temporary remedies may be
				  available when the Commission, in consultation with the district(s) determines
				  that the situation immediately and substantially affects or affected the
				  ability of one or more districts to provide the educational programs required
				  by law and that no other reasonable alternative exists to address the situation
				  other than emergency funding.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 5 - Emergency Funding Procedures › Section 5-3 - Application

Current through July 13, 2024
(a) Applications for emergency funding shall
				be presented to the Department for submittal to the Commission and shall at a
				minimum include:
(i) A detailed description
				of the circumstances giving rise to the emergency and how it immediately and
				substantially affects or affected the ability of the district to provide the
				educational programs required by law, including the expected duration of the
				emergency;
(ii) The location of all
				structures affected by the emergency and, if the emergency affects only a
				portion of a structure, a detailed description of the affected
				portion;
(iii) The district's
				proposed remedy or action taken by the district that was determined to be
				immediately necessary to temporarily resolve the emergency and why it is, or
				was, the most cost effective temporary measures to remediate the emergency,
				including all alternatives considered;
(iv) An estimate of the cost of the proposed
				remedy, including estimates of alternative remedies considered;
(v) Bids or estimates received from
				contractors to address the emergency;
(vi) Any other reasonable documentation and
				information pertinent to the request; and
(vii) Documentation that the district has
				notified their insurance carrier of a claim and of the status of payments for
				loss and reimbursement for costs incurred to the district's major building and
				facility repair and replacement separate account;
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 5 - Emergency Funding Procedures › Section 5-4 - Disbursement of Funds

Current through July 13, 2024
(a) For any emergency for which major
				building and facility repair and replacement payments are not sufficient to
				provide temporary measures and other responses, or if such payments would
				severely compromise implementation of the district's facility plan, as
				determined by the Commission, the Commission shall determine if the temporary
				measures and other responses require a capital outlay. The Commission shall
				only request capital outlay for an emergency after consideration of all other
				remedies. In providing temporary measures and other responses for an emergency,
				the Commission shall ensure the adoption of the most cost effective method of
				remediation that is in the best financial and educational interests of the
				state. The Commission shall implement this subsection in carrying out temporary
				measures and other responses, giving proper consideration to the prevention of
				unnecessary delays.
(b)
				Expenditures from the school capital construction account shall be for
				necessary temporary measures and other responses and related costs. Any
				commitment by the Commission may only be made to the extent that funds have
				been appropriated by the Legislature for the purpose of addressing facility
				emergency measures or are otherwise available in the school capital
				construction account.
(c) The
				Commission recognizes that the remediation of emergencies may require immediate
				action. Under certain circumstances, it may be impractical for the Commission
				to convene in a timely manner. Upon request for emergency funding from a
				district, the Director may determine if the request requires immediate action,
				or if the request may require action by the Commission.
(i) If the Director determines the request
				requires immediate action, the Director shall consult with the Chair as soon as
				practicable concerning the request for emergency funding. Any commitment by the
				Director may only be made to the extent that funds have been appropriated by
				the Legislature for the purpose of addressing facility emergency temporary
				measures or are otherwise available in the school capital construction account.
				The Director may not commit more than $100,000.00 for emergency measures,
				subject to availability of funds in the account.
(ii) The Director shall inform the Commission
				of any action taken with regard to the request as soon as possible and shall
				provide a full report of the emergency and any funding commitment at the
				following Commission meeting.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 6 - Square Footage Guidelines for Major Maintenance Payments › Section 6-1 - Authority

Current through July 13, 2024
This Chapter is promulgated pursuant to Wyoming
				  Statutes
										21-15-111(a)(xv) and
				  21-15-109(c)(i).
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 6 - Square Footage Guidelines for Major Maintenance Payments › Section 6-2 - Calculation

Current through July 13, 2024
(a) Actual square footage of buildings shall
				be calculated using the exterior building face dimensions of enclosed space at
				each floor level. Areas not to be included in square footage calculations
				include:
(i) Crawl spaces;
(ii) Pipe tunnels;
(iii) Roof overhangs; and
(iv) Walkways, and other non-enclosed
				facilities.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 7 - Annual Reports and Major Building and Facility Repair and Replacement Requests › Section 7-1 - Authority

Current through July 13, 2024
This Chapter is promulgated pursuant to Wyoming
				  Statutes
										21-15-114(a)(xv),
				  21-15-109(e)
				  and
				  21-15-115(b).
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 7 - Annual Reports and Major Building and Facility Repair and Replacement Requests › Section 7-2 - New Construction Report

Current through July 13, 2024
(a) Each district shall annually report on a
				building-by-building basis, all expenditures made during the prior fiscal year
				for new construction.
(b) Each
				district shall make its annual report under this Chapter on such form or forms
				as the Commission requires.
(c) All
				district submissions under this section shall be certified by the district's
				superintendent as being true, correct, and complete.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 7 - Annual Reports and Major Building and Facility Repair and Replacement Requests › Section 7-3 - Major Building and Facility Repair and Replacement Requests and Report

Current through July 13, 2024
(a) Amounts distributed for major building
				and facility repair (major maintenance) shall be deposited by each district
				into a separate account, the balance of which may accumulate from year to year.
				This account is subject to periodic audit by the Commission.
(b) Districts shall make requests for major
				maintenance expenditures through the Department, identifying the building and
				component(s) affected.
(c) Requests
				shall include information required by the Department and shall be submitted
				through the Department's financial accounting database system.
(d) Each district shall annually report on a
				building-by-building basis all expenditures made from its separate major
				maintenance account.
(i) Each district shall
				submit an annual report under this Chapter in such form as the Department
				requires.
(ii) Each district shall
				report major maintenance expenditures by July 31 of each year to the
				Department. Reports shall be submitted in such form as the Department
				requires.
(iii) District reports
				under this section shall be certified by the district superintendent as being
				true, correct and complete.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 8 - Criteria for Identifying and Prioritizing Remedies, and Establishing Project Budgets › Section 8-1 - Authority

Current through July 13, 2024
This Chapter is promulgated pursuant to Wyoming
				  Statutes21-15-114(a)(xv);
				  21-l5-117(a); 21-l5-119(a), (c);
				  21-15-121(a); and
				  28-11-301(c)(iv).
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 8 - Criteria for Identifying and Prioritizing Remedies, and Establishing Project Budgets › Section 8-3 - Assessment of Building and Facility Needs

Current through July 13, 2024
The Department shall develop and the Commission shall approve
				  as a policy a comprehensive facility assessment guide. This guide shall include
				  an assessment that measures and quantifies educational building condition and
				  capacity needs on a statewide basis. The Department, in coordination with
				  districts, shall use this guide in the assessment of buildings and facilities
				  under W.S. 21-15-117(a)
				  and the results of this assessment shall be used in the development of the two
				  schedules described in §
									4 of this Chapter.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 8 - Criteria for Identifying and Prioritizing Remedies, and Establishing Project Budgets › Section 8-4 - Building Needs Schedules

Current through July 13, 2024
The Commission shall annually evaluate the adequacy of the
				  State's school buildings and facilities and develop two building needs
				  schedules: condition and capacity.
(a)
				Capacity Schedule. The capacity schedule shall be based on projected capacity,
				calculated in accordance with this subsection, and the needs identified in
				accordance with §
									5(a) of this Chapter.
(i) The Department shall calculate building
				capacity and enrollment projections based on the Commission's methodologies
				incorporated by reference in Chapter 3 § 9(a)(i) and (ii) of these
				Rules.
(ii) For the purposes of
				capacity projections, the construction time for capital remedies shall be
				presumed to be three (3) years, and the Department shall project enrollments
				over a five (5) year projection period beginning upon the presumed completion
				of a construction period, in accordance with
				W.S.
				21-15-117(a)(iii).
(iii) The Department shall use the projected
				enrollments by configuration to calculate an expected rate of change and apply
				that rate of change to each building in that configuration. This projected
				enrollment and any studies performed pursuant to §
										5 of this Chapter shall be the basis for
				generating the capacity schedule.
(iv) The Commission may direct the Department
				to adjust projections in accordance with §
										4(d) of the Commission's
				enrollment projection methodology, as incorporated in Chapter 3 § 9(a)(i)
				of these Rules.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 8 - Criteria for Identifying and Prioritizing Remedies, and Establishing Project Budgets › Section 8-5 - Identification and Determination of the Most Cost-Effective Remedy

Current through July 13, 2024
The Department shall conduct most cost-effective remedy
				  studies pursuant to this Section.
(a)
				The Department shall conduct a most-cost effective remedy study for any school
				building or facility that:
(i) Has a projected
				capacity exceeding one hundred percent (100%), calculated pursuant to §
										4(a) of this
				Chapter;
(ii) Has an FCI score
				exceeding 0.3, calculated pursuant to §
										4(b) of this Chapter;
				or
(iii) Is inadequate to deliver
				the required educational services as determined by the Commission pursuant to
				Chapter 3 § 8 of these Rules.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 8 - Criteria for Identifying and Prioritizing Remedies, and Establishing Project Budgets › Section 8-6 - Budget Recommendations

Current through July 13, 2024
(a) The Department
				shall prepare a budget proposal each year based on the capacity and condition
				schedules, any most cost-effective remedy studies undertaken pursuant to §
									5 of this Chapter, and recommendations it
				has prepared under Chapter 3 § 8 of these Rules. This budget proposal may
				also contain recommendations for funds necessary to complete future studies,
				including but not limited to most-cost effective remedy studies, as the
				Department concludes are necessary in order to carry out its mission. The
				Department shall present its budget proposal to the Commission sufficiently in
				advance of the Commission's statutory deadline to submit a budget
				recommendation to the Select Committee on School Facilities such that the
				Commission may consider the budget proposal as it formulates that
				recommendation.
(b) The Commission
				shall prepare budgets and recommend projects to the Select Committee on School
				Facilities based on the capacity and condition schedules, any reports received
				pursuant to Chapter 3 § 8 of these Rules, and most cost-effective remedy
				studies and determinations. Each budget shall include, but is not limited to,
				land, project planning, design, construction, and on-site and off-site
				infrastructure.
(c) Using accepted
				accounting standards and the principles outlined above, the Commission shall,
				not later than September 1 of each year, prepare and submit to the Governor and
				the Select Committee on School Facilities, a proposed budget, the prioritized
				list of projects proposed for funding, the amount of funding allocated to each
				project, the assessments conducted by the Commission of condition and capacity,
				any notices received from a district pursuant to Chapter 3 § 8 of these
				Rules and the Department's report pertaining thereto, and the annual building
				status report specified under
				W.S.
				21-15-121.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 9 - Implementation of Remedies and Project Management › Section 9-1 - Authority

Current through July 13, 2024
This Chapter is promulgated pursuant to Wyoming
				  Statutes
										21-15-114(a)(xv),
				  21-15-117,
				  21-15-118(c)
				  and
				  21-15-123(f)(v).
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 9 - Implementation of Remedies and Project Management › Section 9-2 - Relationship Between the State Construction Department and School Districts

Current through July 13, 2024
(a) Master Memoranda of Understanding (MOU's)
				and Project Agreements shall be developed to establish the working relationship
				between the Department and the district.
(i)
				Master MOUs. The Master MOU defines the duties and responsibilities of the
				Department and the district for non-capital construction functions, including,
				but not limited to, major building and facility repair and replacement,
				facility planning, condition assessments, and annual reporting.
(ii) Project Agreements. Project Agreements
				define the duties and responsibilities of the Department and the district for
				construction and renovation of school buildings and facilities, including, but
				not limited to, determination of the most cost effective remedy, land purchase,
				design, procurement and construction. No work or disbursement of funds shall
				proceed on projects until a Project Agreement is executed between the
				Department and the district. Districts shall not expend any appropriated
				project funds until authorized by the Director.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 9 - Implementation of Remedies and Project Management › Section 9-3 - Program Planning

Current through July 13, 2024
Upon determination of the most cost effective remedy, the
				  Department shall develop a detailed scope of the work and estimated budget for
				  the remedy in consultation with the district. The scope of the work and
				  estimated budget shall form the basis of any future budget request. A request
				  to change the scope of the work shall be presented to the Commission along with
				  all financial implications and justification for the change. If approved by the
				  Commission, the Department shall amend the scope of work and estimated
				  budget.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 9 - Implementation of Remedies and Project Management › Section 9-4 - Prototypical Designs

Current through July 13, 2024
(a) To further the concept of value-added
				projects, the Commission encourages using prototypical designs and prototypical
				components. When appropriate and feasible to meet the needs of a district,
				prototypes may shorten design time, simplify value engineering, decrease costs,
				and increase construction efficiency.
(b) The Department shall maintain a database
				of school floor plans that districts may consider for re-use.
(c) School districts may consider the use of
				prototype designs (past designs) from the Department database or other designs
				that may be available from architects. The district may utilize the services of
				a design consultant to determine whether prototype designs may be appropriate
				or whether modifications of prototype plans are feasible to meet the needs of
				the district.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 9 - Implementation of Remedies and Project Management › Section 9-5 - Determination of Delivery Method

Current through July 13, 2024
(a) Projects shall be designed and
				constructed using the design-bid-build delivery method unless extenuating
				circumstances exist that necessitate the adoption of an alternate method.
				District requests for the Commission to approve an alternate design and
				construction delivery method shall explain the reason(s) an alternate project
				delivery method is preferable to the design-bid-build delivery
				method.
(b) The Commission shall
				consider the following non-exclusive and non-prioritized list of factors in
				making a determination to allow alternate design and construction delivery
				methods:
(i) Size and complexity of the
				remedy;
(ii) Budget and
				availability of funds;
(iii)
				Urgency of time;
(iv) Past
				experience with the delivery method;
(v) Anticipated cost of the possible various
				delivery methods;
(vi) Market
				conditions, including access to and availability of personnel to provide design
				or construction services; and
(vii)
				District input and recommendations regarding delivery method.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 9 - Implementation of Remedies and Project Management › Section 9-6 - Site Analysis and Land Acquisition

Current through July 13, 2024
(a) Requests for land acquisition may
				originate with a request by a district to the Department or as a Department
				recommendation. The Commission shall determine if there is a need based on
				capacity, condition, health, safety, determination of the most cost effective
				remedy, or the best interests of the State.
(i) Many Wyoming schools pre-date the
				adoption of current standards. School sites which pre-date the original
				adoption of standards in 2003 may be larger or smaller than the recommended
				sizes. School sites smaller than these recommendations are presumed to be
				adequately sited unless the Commission determines otherwise.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 9 - Implementation of Remedies and Project Management › Section 9-7 - Services and Contracts

Current through July 13, 2024
(a) General.
(i) Districts shall use Commission contracts
				for capital projects, unless otherwise approved by the Commission and Attorney
				General's Office.
(ii)
				Modifications to Commission contracts, including adjustments to further
				stipulate services and reflect the scope of the particular project, on a
				project-by-project basis may be submitted to the Department for review and
				approval in consultation with the Attorney General's Office. Major
				modifications, as determined by the Department, or alternatives to Commission
				contracts require approval by the Department, Attorney General's Office, and
				the Commission.
(iii) Contracts
				shall be executed by the district and other parties and routed to the
				Department for its review and approval as to form.
(iv) Contracts modified and executed without
				the necessary approvals shall not be eligible for State funding.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 9 - Implementation of Remedies and Project Management › Section 9-8 - Value Engineering

Current through July 13, 2024
(a) Value engineering is a process to achieve
				the best balance of cost-to-value in projects for districts and the State. In
				addition to value engineering required by design or construction contracts, the
				Department shall conduct a value engineering analysis using a collaborative
				process to objectively consider the best approach to design and construct
				projects in accordance with Section 12(d) of this Chapter. Value engineering
				shall include life cycle cost analysis of all major systems in the facility.
(i) Value engineering review shall occur at
				the schematic design phase (10% Design and the design documents phase (35%
				Design) or as otherwise determined by the Department. The design of the
				facility shall conform to value engineering recommendations before it proceeds
				into the next phase of development unless waived in writing by the Director or
				by action of the Commission pursuant to Chapter 2 § 3(a)(v) of these
				Rules.
(ii) Value engineering
				strategies learned on previous projects shall be considered for subsequent
				projects.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 9 - Implementation of Remedies and Project Management › Section 9-9 - Project Closeout

Current through July 13, 2024
Absent extenuating circumstances, fund balances remaining
				  from project budgets that are unencumbered or unobligated are subject to
				  reversion no later than one year after the date of Substantial
				  Completion.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 9 - Implementation of Remedies and Project Management › Section 9-10 - On-site or Off-site Infrastructure

Current through July 13, 2024
(a) On-site or off-site infrastructure
				includes streets, sidewalks, traffic signals, bike and walk paths, electric,
				gas, water, sewage systems, storm systems, telephone, data, and other
				facilities approved by the Commission.
(i)
				On-site infrastructure solely attributable to the needs of the project and of
				the capacity required to serve the school facility remedy in accordance with
				the Commission's design guidelines shall be included in the cost per square
				foot budget for the building.
(ii)
				The Department shall budget for the cost of the development of on-site or
				off-site infrastructure solely attributable to the needs of the project and
				additional infrastructure costs attributable to shared use.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 9 - Implementation of Remedies and Project Management › Section 9-11 - Changes to Budgeted Funding

Current through July 13, 2024
(a) In accordance with
				W.S.
				21-15-119(c) and
				W.S.
				28-11-301(c)(iv), budgets
				for prioritized projects may be adjusted by the Commission and transfers
				between project phases may be made by the Department.
(b) In the event that any particular project
				budget is or appears to be insufficient to fully fund that project remedy, the
				following non-exclusive and non-prioritized list of factors shall be considered
				by the Department in recommending whether, and how, that project will be
				allowed to proceed with legislative funding:
(i) Verify value engineering recommendations
				have been followed;
(ii) Verify
				aspects of the design of the project to identify cost savings which may be
				generated within the project. In this regard, all parties shall reexamine
				earlier assumptions in the search for viable, cost-effective and efficient
				design changes;
(iii) Verify the
				scheduling, or phasing, of the project to determine if budgeted funds will be
				required and cost-savings or cost-deferrals may be obtained by that scheduling.
				Decision-making shall take into account the funding cycles of the Legislature
				and the uncertainty of future funding.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 9 - Implementation of Remedies and Project Management › Section 9-12 - Facility Design Standards and Guidelines

Current through July 13, 2024
(a) The Commission's Facility Design
				Standards and Guidelines do not apply to existing school buildings and
				facilities and shall not be used for evaluating the adequacy of any existing
				school building or facility.
(b)
				For all Projects, as defined in
				W.S.
				21-15-111(a)(iv),
				appropriated by the legislature or funded by the Commission, the Department
				shall include in the Project Agreement the most recent version of the
				Commission's applicable Facility Design Standards and Guidelines. The
				Department shall require that the Facility Design Standards and Guidelines
				incorporated in the Project Agreement govern the expenditure of state funds for
				that project for the duration of that project.
(c) In accordance with W.S.
				W.S.
				21-15-114(a)(vii), the
				Commission shall adopt Facility Design Standards and Guidelines for the
				following types of school buildings and facilities:
(i) Educational Buildings;
(ii) Outdoor Physical Education Facilities;
				and
(iii) School Bus Maintenance
				and Parking Facilities.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 10 - District-Initiated Elements, District-Initiated Projects, and Local Enhancements › Section 10-1 - Applicability

Current through July 13, 2024
This Chapter applies to all district-initiated projects and
				  elements at the time of the renovation, construction, replacement, repair, or
				  other improvement of or to any school building or facility.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 10 - District-Initiated Elements, District-Initiated Projects, and Local Enhancements › Section 10-2 - State responsibility to pay for district-initiated elements and projects; identification of district-initiated projects as local enhancements

Current through July 13, 2024
(a) State capital construction funds shall
				not be spent on district-initiated elements or projects. Costs associated with
				obtaining leadership in energy and environmental design (LEED) design
				certification and commissioning the school building or facility in accordance
				with that certification shall be considered district-initiated
				elements.
(b) A district may opt,
				at any time, to implement a district-initiated project. A district-initiated
				project shall be considered a local enhancement to the extent that, when
				completed, the building or element exceeds the Commission's relevant adequacy
				standards, whether for a design feature(s) or additional square footage.
				Regardless of any present or future recognition of the district-initiated
				element or project as not exceeding the Commission's adequacy standards,
				neither the State, the Department, nor the Commission shall reimburse the
				district the cost of a district-initiated element or project.
(c) The Department shall maintain a record
				identifying all local enhancements.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0002 - School Facilities Commission › Chapter 10 - District-Initiated Elements, District-Initiated Projects, and Local Enhancements › Section 10-4 - District petitions to the Commission for acknowledgment that a local enhancement no longer exceeds the Commission's adequacy standards or that a local enhancement should be incorporated into the Commission's adequacy standards

Current through July 13, 2024
(a) A space or facility deemed a local
				enhancement shall remain a local enhancement until such time the Commission
				acknowledges that the space or facility fits within the Commission's adequacy
				standards, subject to the following provisions.
(i) During facility planning, the Department
				shall work with districts to determine whether any enhancement designations
				should be removed because:
(A) The identified
				local enhancement no longer exceeds the Commission's adequacy
				standards;
(B) The district claims
				the local enhancement in question has a positive demonstrable effect upon
				delivery of the prescribed state educational program on a statewide basis and
				the district has evidence tending to show that that assertion is correct;
				or
(C) The Commission's
				methodologies change or the district's student population has grown to an
				extent such that enhanced square footage no longer exceeds the educational
				square footage allocated to the district under Chapter 3, Section 8 of these
				Rules.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 1 - General Provisions › Section 1-1 - 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 2 - Procurement of Professional Services › Section 2-1 - 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 2 - Procurement of Professional Services › Section 2-2 - Applicability

Current through July 13, 2024
This chapter applies to agency procurement of professional
				  services regardless of whether the professional services are for a capital
				  construction project. This chapter shall not apply to the procurement of
				  alternative design and construction delivery methods (Chapter 4 of these
				  rules), or the procurement of materials or services using competitive sealed
				  bidding, competitive negotiation, or noncompetitive negotiation (Chapter 3 of
				  these rules).
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 2 - Procurement of Professional Services › Section 2-3 - Submission of statements of qualifications

Current through July 13, 2024
(a) A firm that provides professional
				services may submit a detailed statement of qualifications and performance data
				to the Department or an agency that procures professional services. The firm
				may submit its statement at any time, but in any event shall provide an updated
				statement at least every two (2) years. In accordance with
				W.S.
				9-23-103(a)(i), the
				Department shall keep the statements submitted under this paragraph on-file and
				shall maintain a list of the professional services firms that submitted them.
				The Department is not required to maintain similar lists or on-file statements
				of qualifications for services other than professional services.
(b) For a project with a professional
				services fee estimated by a procuring agency to be fifty thousand dollars
				($50,000) or less, the procuring agency may request statements of
				qualifications in preparation for the specific project.
(c) For a project with a professional
				services fee estimated by a procuring agency to exceed fifty thousand dollars
				($50,000), the procuring agency shall request statements of qualifications by
				giving notice of the need for professional services in a newspaper of general
				circulation in the state at least once each week for two (2) consecutive weeks
				and on the state procurement website for not less than two (2) consecutive
				weeks prior to initiation of selection procedures in accordance with
				W.S.
				9-23-105. Notices shall:
(i) Generally describe the proposed project;
				and
(ii) Describe the procedures
				and requirements to submit a statement of qualifications related to the
				proposed project.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 2 - Procurement of Professional Services › Section 2-4 - Issuance of requests for proposals (RFPs)

Current through July 13, 2024
(a) Before issuing requests for proposals, a
				procuring agency shall obtain or review copies of the Department's on-file
				statements of qualifications kept by the Department under Section
				3(a) of this chapter. The
				procuring agency is only required to obtain or review the on-file statements
				from firms with qualifications relevant to the procuring agency's
				needs.
(b) When choosing firms from
				whom to request proposals for a project, a procuring agency shall consider both
				on-file statements of qualifications and statements received in response to a
				notice requesting statements of qualifications. A procuring agency does not
				need to consider statements of qualifications from firms that are not qualified
				to provide the type of professional services being procured. Any firm that
				fails to provide a resident firm certification for the project in accordance
				with
				W.S.
				9-23-102(a)(vi) shall be
				considered to be a nonresident firm.
(c) The procuring agency shall review
				statements of qualifications:
(i) For
				completeness;
(ii) To validate firm
				credentials;
(iii) To determine
				whether firms are resident firms or nonresident firms; and
(iv) To determine whether firms are qualified
				to provide the requested professional services.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 2 - Procurement of Professional Services › Section 2-5 - Firm interviews

Current through July 13, 2024
(a) For professional services fees estimated
				by the procuring agency to exceed fifty thousand dollars ($50,000), the
				procuring agency shall interview not less than three (3) firms that provided
				proposals. However, if the procuring agency determines after reviewing a firm's
				proposal that the firm is not qualified for the project and should not have
				received a request for proposal, the procuring agency may reject the proposal
				and not interview the firm.
(i) Interviews
				shall be conducted in accordance with
				W.S.
				9-23-105(b).
(ii) The procuring agency shall keep a record
				of the interview.
(iii) If fewer
				than three (3) firms submit proposals, the procuring agency may:
(A) Interview all proposing firms;
(B) Solicit for additional proposals before
				proceeding; or
(C) Reject all
				proposals and either re-advertise for statements of qualifications or cancel
				the procurement.
(iv) If
				the procuring agency is unsatisfied with the results of the interviews, it may
				interview not less than three (3) additional firms that provided
				proposals.
Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 2 - Procurement of Professional Services › Section 2-6 - Award of contract

Current through July 13, 2024
(a) The procuring agency shall consider the
				factors under
				W.S.
				9-23-105(f)(i) when
				selecting the firm with which it will begin contract negotiations. The
				procuring agency also may consider the firms' estimated fees or other factors
				in making the selection.
(b) If
				during the selection process the procuring agency determines that a firm that
				previously claimed to be a resident firm does not actually meet the
				requirements of
				W.S.
				9-23-102(a)(vi) with respect
				to the project, the procuring agency shall consider the firm to be a
				nonresident firm.
(c) The procuring
				agency may:
(i) Select the most qualified
				firm, in consideration of all the information provided by the firm, including
				the firm's estimated fees and the procuring agency's determination of the
				firm's residency status with respect to the project, for contract negotiations;
				or
(ii) Reject all proposals. If
				the procuring agency opts to reject all proposals, it may exercise its
				discretion to repeat the process from the most appropriate step under the
				circumstances.