§ 9-2-3001 — State construction department created; definitions

(a) There is created the state construction department.
(b) As used in this article:
(i) "Agency" means any school district, state office,
department, board, council, commission, separate operating
agency, institution or other instrumentality or operating unit
of the state excluding the University of Wyoming, the Wyoming
business council and the Wyoming department of transportation.
"Agency" shall include a Wyoming community college if the
community college is conducting a capital construction project
using state funds that requires approval by the community
college commission or authorization by the legislature under
W.S. 21-18-205(g);
(ii) "Capital construction project" means new
construction, demolition, renovation, capital renewal and major
maintenance of or to property;
(iii) "Competitive negotiation" means to negotiate
for a contract through a request for proposals process or any
other similar competitive selection process;
(iv) "Department" means the state construction
department;
(v) "Informalities or irregularities in any bid"
includes:
(A) Ambiguity as to any part of a bid;
(B) A missing unit bid price;
(C) An erasure or change in a unit bid price not
initialed in ink by the bidder.
(vi) "Principal representative" means the governing
board of an agency or its designated representative or, if there
is no governing board, the executive head of an agency. When
applicable, "principal representative" shall include the
University of Wyoming board of trustees or its designated
representative;
(vii) "State procurement website" means a website
that the department designates to host information and notices
related to procurement under this article;
(viii) "Capital renewal" means capital construction
infrastructure upgrades and replacement projects to systems
external to a building or facility that are necessary for the
continued functionality of a building or facility. "Capital
renewal" includes projects that do not qualify as new
construction and for which the costs exceed amounts typically
appropriated or expended on major maintenance for a property
such as water projects, sewer projects, electrical projects and
other major infrastructure projects external to a building or
facility that impact the life, health and safety of occupants in
a building or facility;
(ix) "Major building and facility repair and
replacement" and "major maintenance" mean the repair,
replacement or upgrade of complete or major portions of any
component, equipment or system of a property at irregular
intervals that is required to continue the use of the property
at its designed capacity for its designed intended use and is
typically accomplished by contractors due to the personnel
demand to accomplish the work in a timely manner, the level of
sophistication of the work or the need for warranted work. The
terms include, but are not limited to, the following categories
as hereafter defined:
(A) "Code compliance" means the repair,
replacement or upgrade of a component, equipment or system of a
property that is mandated by law, regulation or code to continue
the use of the property at its designed capacity for its
designed intended use;
(B) "Site improvements" means the repair,
replacement or upgrade of a component, equipment or system of a
site, including the repair, replacement or upgrade of any of the
following:
(I) Sidewalks;
(II) Parking lots;
(III) Athletic tracks;
(IV) Playground features;
(V) Outdoor security features;
(VI) Landscaping;
(VII) Drainage systems;
(VIII) Campus roads or streets;
(IX) Components, equipment or systems
similar to those specified in subdivisions (I) through (VIII) of
this subparagraph.
(C) "System improvements" means the repair,
replacement or upgrade of a component, equipment or system of a
building or facility, including any of the following:
(I) Structural systems;
(II) Fire protection systems;
(III) Indoor security features;
(IV) Electrical, lighting, plumbing,
heating, ventilation or air conditioning systems;
(V) Roofs;
(VI) Windows and doors;
(VII) Conveyance systems, including
elevators and escalators;
(VIII) Information technology systems;
(IX) Components, equipment or systems
similar to those specified in subdivisions (I) through (VIII) of
this subparagraph.
(x) "Property" means a building, facility or site;
(xi) "Renovation" means work done to restore property
to a condition that is functional for its original or designed
intended use and capacity, to modernize or adapt property to an
approved new use and capacity or for the purpose of making it
code compliant, including architectural and structural changes
and the modernization of mechanical and electrical systems.
"Renovation" includes the repair, strengthening or restoration
of major building systems or structures to a safe condition.
"Renovation" does not include work that consists primarily of
routine maintenance, minor repairs and replacement due to normal
use, wear and tear or deterioration;
(xii) "Routine maintenance" means activities
necessary to keep a property and the components, equipment and
systems of a property in safe and good working order so that the
property may be used at its original or designed capacity for
its original or designed intended use. "Routine maintenance"
includes custodial, groundskeeping and maintenance tasks done on
a routine basis by building personnel and specialized equipment
and building system maintenance that is accomplished on a
routine basis by contractors.