§ 9-2-3004 — Duties of the department

(a) The department shall staff the state building
commission as provided in W.S. 9-5-101 through 9-5-108, and as
required by the commission unless staffing of the commission is
otherwise specified by law. The administrator of the state
construction management division shall function as secretary to
the state building commission and the department shall
administratively implement the commission's rules relating to
the state capital construction.
(b) The department shall staff the school facilities
commission as provided in title 21 of the Wyoming statutes, and
as required by the commission unless staffing of the commission
is otherwise specified by law. The administrator of the school
facilities division shall function as secretary to the school
facilities commission and the department shall administratively
implement the commission's rules.
(c) The department shall:
(i) Review and make recommendations to the governor
concerning capital construction project and land acquisition
budget requests made by the state building commission, school
facilities commission, the University of Wyoming, community
college commission and any agency;
(ii) Adopt rules governing procurement for capital
construction projects pursuant to W.S. 9-2-3006. Wyoming
community colleges shall adhere to the rules for any 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). The University of Wyoming
may adhere to the rules to the extent feasible, as determined by
the university. The university and Wyoming community colleges
shall adhere to any other capital construction requirement
specified by law;
(iii) For the procurement of capital construction
projects, be authorized to accept the recommendations of
agencies on the award or rejection and readvertisement of bids
based upon the qualifications and responsibilities of bidders;
(iv) Oversee bonding for the procurement of capital
construction projects. Bidders shall provide a bond or other
form of guarantee satisfactory to the state of Wyoming as
hereafter provided:
(A) A bid bond or other form of bid guarantee
satisfactory to the state may be required in an amount equal to
ten percent (10%) of the aggregate amount of the bid or contract
when a contract to be awarded under the solicitation is expected
to exceed one hundred fifty thousand dollars ($150,000.00). The
bond may be provided by a surety company authorized to do
business in the state of Wyoming;
(B) A bid bond or other form of bid guarantee
satisfactory to the state may be retained by the state as surety
throughout the term of the awarded contract provided the amount
of the contract is less than or equal to fifty thousand dollars
($50,000.00);
(C) Before any contract for a capital
construction project is awarded to any person, the person shall
furnish to the state a performance and payment bond or other
form of guarantee in accordance with the standards and monetary
limits provided in W.S. 16-6-112;
(D) This paragraph does not limit the authority
of the state to require a performance bond or other security in
addition to bonds, or in circumstances other than the
circumstances specified by this subsection;
(E) The department may accept bids submitted by
persons who combine their bonding capacity in any way so as to
meet the bonding requirements of this paragraph.
(v) Provide the appropriate staff to serve as staff
of the state building commission in carrying out the duties of
the department under this article and construction management
functions under W.S. 9-5-101 through 9-5-108;
(vi) Plan for all capital construction projects in
accordance with the provisions of W.S. 9-5-107, 9-5-108 and
rules, procedures and criteria adopted pursuant to those
sections;
(vii) Adopt reasonable rules and regulations pursuant
to the Wyoming Administrative Procedure Act to administer this
article;
(viii) Review the final design, drawings and plans of
any capital construction project prior to commencing with
bidding to ensure that energy efficient best practice techniques
and processes are included in the design of any capital
construction project funded with federal funds and for which the
state is required to expend state funds to fully or partially
pay for operations, routine maintenance or major maintenance
expenses for the facility. Upon conclusion of each review, the
department shall submit a report of findings to the joint
appropriations committee and the joint transportation, highways
and military affairs interim committee;
(ix) Administer the Professional Architectural,
Engineering and Land Surveying Services Procurement Act;
(x) Not later than September 1 of each odd numbered
year, submit to the state building commission a recommendation
for funding for the immediately succeeding fiscal biennium for
major maintenance for state property, community college property
and University of Wyoming property. This recommendation shall be
based on the formula adopted by the state building commission
pursuant to W.S. 9-5-107(g);
(xi) Review and approve any renovation that changes
the intended capacity or designed intended use of a property
that receives appropriations for major maintenance;
(xii) Develop and maintain a twenty (20) year
statewide strategic facility plan and comprehensive system for
monitoring and reporting appropriations and expenditures for
capital construction projects, major maintenance, and routine
maintenance for state property, community college property,
school district property and University of Wyoming property.