Wyoming Administrative Code › Agency 027 - State Construction Department › Sub-Agency 0003 - State Construction Rules › Chapter 1 - General Provisions › Section 1-2 - Definitions

Current through July 13, 2024
(a) In addition to the definitions provided
				in W.S. 9-2-3001,
				9-23-102,
				16-6-101,
				and
				16-6-701,
				the following definitions are used in these rules:
(i) "Bid" means the submission made in
				response to an advertisement for bids, or an invitation to bid in a competitive
				or non-competitive negotiation. "Bid" does not include a proposal, as defined
				in these rules. Notwithstanding this definition, nothing in these rules shall
				be construed to imply that bids must be accepted or bidders are qualified by
				being included on a bidders list or receiving an invitation to bid.
(ii) "Bidder" means an entity that submits a
				bid in a competitive sealed bidding, competitive negotiation, or noncompetitive
				negotiation process. "Bidder" does not include a firm or proposer, as defined
				in these rules.
(iii) "Bid
				irregularity" means a defect in a bid or variation of a bid from the exact
				requirements of a bid advertisement or its addenda or bid documents.
				Irregularities include the items listed in W.S. W.S. 9-2-3001(b)(v) and, in
				addition, the failure of a bidder to:
(A)
				Return the number of copies of signed bids required by the
				invitation;
(B) Furnish required
				information such as copies licenses, bonds, or insurance
				certificates;
(C) Correct
				typographical or mathematical errors;
(D) Sign its bid;
(E) Acknowledge receipt of an addendum to an
				advertisement for bids,
(F) Submit
				a bid free of stipulations or conditions that are inconsistent with the exact
				requirements of the capital construction project as described in the bid
				advertisement, its addenda, or bid documents; or
(G) Obtain written approval from the
				procuring agency before submitting pricing for product substitutions.
(iv) "Bid security" means funds
				submitted as a guarantee that a bid will be maintained in full force and effect
				for a period of thirty (30) days after the opening of the bids or as
				specified.
(v) "Debarment" means
				the exclusion of a bidder or proposer from submitting bids or proposals or
				participating in a prequalification process as a result of egregious conduct or
				violation of the public trust, including but not limited to suspected or
				confirmed collusion, suspected or confirmed fraudulent billing, suspected or
				confirmed violation of conflict of interest laws, or conviction of a contract
				or antitrust crime. Debarments are issued along with required corrective action
				and are in place until corrective action is taken to the satisfaction of the
				Department.
(vi) "Department" means
				the Wyoming State Construction Department.
(vii) "Department Director" means the
				director of the Wyoming State Construction Department or the director's
				designee.
(viii) "Emergency
				situation" means a situation that creates a threat to public health, welfare,
				or safety such as may arise by reason of floods, epidemics, riots, equipment
				failures, or such other reason as may be identified by the procuring agency and
				approved by the Department Director or their designee. The existence of such
				situation creates an immediate and serious need for supplies, services, or
				construction that cannot be met through normal procurement methods and the lack
				of which would seriously threaten the:
(A)
				Functioning of state government, or its programs;
(B) Preservation or protection of property;
				or
(C) Health or safety of any
				person or persons.
(ix)
				"Firm" or "proposer" means an entity that submits a proposal.
(x) "Material" means tangible or movable
				personal property other than money, including articles of trade or items of
				merchandise, purchased as part of or for incorporation into a capital
				construction project.
(xi) "Payment
				and performance bond" means a bond that qualifies as both a payment bond and a
				performance bond under these rules.
(xii) "Payment bond" means a bond given by a
				surety to cover any amounts that, because of the general contractor's default,
				are not paid to a subcontractor or materials supplier.
(xiii) "Performance bond" means a bond given
				by a surety to ensure the timely performance of a contract upon the default of
				the general contractor.
(xiv)
				"Prebid meeting" means a meeting held prior to the closing of an advertisement
				for bids. Attendance at a prebid meeting may be mandatory or optional, and may
				include or exclude subcontractors, at the discretion of the procuring
				agency.
(xv) "Prequalification"
				means the verification that a potential bidder has met the minimum
				qualifications necessary to be successful in the performance of the project
				work.
(xvi) "Procuring agency"
				means an agency that is engaging in the procurement process outlined in these
				rules. For the procurement of professional services (Chapter 2 of these rules),
				a procuring agency shall be an "agency" as defined by
				W.S.
				9-23-101(a)(v). For all
				other methods of procurement under these rules, a procuring agency shall be an
				"agency" as defined by
				W.S.
				9-2-3002(b)(i). Per W.S.
				W.S. 9-2-3004(c)(ii), the University of Wyoming may adhere to the Department's
				standards, policies, and rules to the extent feasible, as determined by the
				University. If the University makes a determination that it shall adhere to
				these rules, it shall be considered a "procuring agency" to the extent outlined
				in its determination.
(xvii)
				"Proposal" means the submission made in response to a request for proposals.
				"Proposal" does not mean a bid, as defined in these rules. Notwithstanding this
				definition, nothing in these rules shall be construed to imply that proposals
				must be accepted, or proposers are qualified by being included on a
				prequalification list or receiving an invitation to submit a
				proposal.
(xviii) "Prototype
				agreement" means an agreement between a procuring agency and a bidder or
				proposer under which a prototype product will be or has been developed, and
				which may be reused on future projects.
(xix) "Responsible bidder" means a bidder
				that meets all the requirements of the bid advertisement and whom the procuring
				agency or Department has deemed qualified in its ability to perform the work
				requested.
(xx) "Retainage" means
				the percentage of what the procuring agency pays a contractor that is withheld
				until the construction has been substantially completed.
(xxi) "Revocation" means the retraction of a
				prequalification status previously granted to a bidder.
(xxii) "Service" means labor performed in the
				interest or under the direction of a procuring agency as part of a capital
				construction project.
(xxiii)
				"Suspension" means the temporary exclusion of a bidder or proposer from bidding
				or proposing on projects or participating in the prequalification process for a
				specified period of time due to unsatisfactory performance.