§ 9-2-3006 — Procurement for capital construction projects

(a) Contracts for capital construction projects let by an
agency or the University of Wyoming, excluding contracts for
professional services under W.S. 9-23-101 through 9-23-107 and
for capital construction projects delivered through alternate
design and construction delivery methods as defined in W.S. 16-
6-701(a)(v), shall be let through the use of competitive
negotiation, noncompetitive negotiation or competitive sealed
bidding as follows:
(i) For any contract with an estimated value equal to
fifty thousand dollars ($50,000.00) or less, the contract shall
be let in accordance with the following:
(A) Except as provided in subparagraph (B) of
this paragraph, the contract shall be let by competitive
negotiation. In conducting the competitive negotiation, the
agency or the university shall solicit not less than three (3)
independent cost estimates or proposals prior to letting the
contract;
(B) If the principal representative of an agency
or the university determines competitive negotiation is not
feasible, the contract may be let by noncompetitive negotiation;
(C) The contract shall be let to a resident of
the state in accordance with W.S. 16-6-102(a).
(ii) Except as otherwise provided in paragraph (iii)
of this subsection, for any contract with an estimated value in
excess of fifty thousand dollars ($50,000.00), the contract
shall be let in accordance with the following:
(A) The contract shall be let by competitive
sealed bidding. The agency or the university shall give notice
of the opportunity to bid on the contract on the state
procurement website for not less than two (2) consecutive weeks.
The notice shall contain a general description of the proposed
contract and shall indicate the procedures by which interested
persons may apply for consideration;
(B) The contract shall be let to a responsible
bidder making the lowest bid except that the contract shall be
let to the responsible certified resident making the lowest bid
if the certified resident's bid is not more than five percent
(5%) higher than that of the lowest responsible nonresident
bidder in accordance with W.S. 16-6-102(a).
(iii) If the principal representative of an agency
determines that the use of competitive sealed bidding is not
feasible or practical, the principal representative shall submit
a written determination to the department. If approved by the
department, the contract may be let by competitive negotiation.
If competitive negotiation is not feasible or practical, the
principal representative shall submit a written determination to
the governor. If approved by the governor or the governor's
designee the contract may be let by noncompetitive negotiation.
Contracts by the university may be let by competitive
negotiation or noncompetitive negotiation in accordance with
university regulations;
(iv) The director of the department, upon a written
finding that it would be more efficient to use federal
procurement procedures for capital construction contracts let by
the Wyoming military department concerning state owned
properties under the control of the adjutant general, may
authorize federal procurement procedures instead of the
procedures required under this subsection.
(b) The department shall adopt standard forms and
procedures for the procurement of capital construction projects
by an agency in accordance with this section.
(c) Any contract by an agency for a capital construction
project in an amount exceeding fifty thousand dollars
($50,000.00) shall require the approval of the governor or the
governor's designee prior to state commitment.
(d) Any contract let under this section shall be in
accordance with the applicable contracting and residency
preference laws of W.S. 16-6-101 through 16-6-121, 16-6-201
through 16-6-206, 16-6-701 through 16-6-708 and 16-6-1001.
(e) Each agency and the University of Wyoming are
authorized to determine the qualifications and responsibilities
of bidders or respondents for capital construction projects but
shall reject any bid with improper or missing signatures or bids
that lack legible numerical values. Each agency and the
university may:
(i) Reject any or all bids based on the
qualifications and responsibilities of bidders and respondents
and readvertise for bids or responses;
(ii) Waive informalities or irregularities in any
bid.
(f) No contract shall be divided for the purpose of
avoiding the requirements of this section.
(g) The department is authorized to develop a list of
material commodities that have been subject to significant cost
escalation as the result of documented price fluctuations in the
market. Using unobligated, unexpended funds within available
appropriations for capital construction, the department and, if
applicable, the University of Wyoming may incorporate a
provision in agency contracts or university contracts for any
capital construction project to be performed by applying a
material cost escalation factor and a material cost de-
escalation factor. In no event shall the department approve a
contract that contains a material cost escalation factor less
than seven and one-half percent (7.5%) or greater than thirty
percent (30%). The provisions of this subsection shall be
implemented by:
(i) The state building commission for state
facilities and community college facilities except for
facilities owned by the University of Wyoming;
(ii) The school facilities commission for school
facilities;
(iii) The University of Wyoming, in consultation with
the department, for facilities owned by the University of
Wyoming.
(h) The department and the University of Wyoming shall
expend appropriations designated for inflationary costs only
after all other alternative project funding sources and
appropriations have been obligated or exhausted and after a
determination by the department or the University of Wyoming, as
appropriate, that the authorized project cannot be completed
without additional funds as the result of inflation-related cost
increases.