§ 9-2-3204 — General services division

Wyoming § 9-2-3204

• Jurisdiction: Wyoming
• Title 09: Administration of the Government
• Ch. 2: AGENCIES, BOARDS, COMMISSIONS AND DEPARTMENTS
• Art. 32: DEPARTMENT OF ADMINISTRATION AND INFORMATION

Text

(a) As used in this section:
(i) "Procurement" means buying, purchasing, renting,
leasing or otherwise acquiring any supplies or services. It also
includes all functions that pertain to the obtaining of any
supply or service, including description of requirements,
selection and solicitation of sources, preparation and award of
contract and all phases of contract administration;
(ii) "Services" means the furnishing of labor, time
or effort by a contractor to an agency. The term does not
include employment agreements;
(iii) "Supplies" means:
(A) All property, including but not limited to,
furniture, fixtures, stationery, printing, paper, fuel and
equipment of every kind required for use in the offices, service
and functions performed by agencies, and for repairing, heating
and lighting the state buildings; and
(B) Insurance and bonds from licensed Wyoming
agents as required.
(iv) "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
including an elected state official.
(b) For the purpose of this subsection the term "agencies"
does not include the University of Wyoming, community college
districts, or school districts. It does not include the
department of transportation except as to paragraphs (xi), (xii)
and (xiii) of this subsection. The department through the
general services division shall:
(i) Adopt rules governing the procurement,
management, control and disposal of all supplies and services
required by agencies. The rules shall establish standards and
procedures which promote fair and open competition. No agency
shall procure supplies or services except in compliance with the
rules adopted by the department;
(ii) Adopt standard forms and procedures for
regulating the procurement of supplies or services required by
agencies;
(iii) Adopt a uniform commodity classification system
designating the quality, material and brand of supplies or
services required by agencies;
(iv) Adopt standard forms and procedures providing
that bids or contracts for supplies or services shall be awarded
through the use of competitive sealed bidding, competitive
negotiation, noncompetitive negotiation or small purchase
procedures as hereafter provided:
(A) Bids or contracts for supplies or services
in excess of fifteen thousand dollars ($15,000.00) shall be made
by competitive sealed bidding when the configuration or
performance specifications, or both, are sufficiently designed
to permit award on the basis of the lowest evaluated price as
determined in accordance with objective, measurable criteria set
forth in the invitation for bids, and when available sources,
the time and place of performance, and other conditions are
appropriate for the use of competitive sealed bidding;
(B) If the use of competitive sealed bidding is
not feasible or practical, the principal representative shall,
except as otherwise provided in this subparagraph, submit a
written determination to the department. If approved by the
department, contracts for supplies or services may be made by
competitive negotiation. An elected state official may contract
for supplies or services for his office by competitive
negotiation without department approval if the contract is for
twenty-five thousand dollars ($25,000.00) or less and the
elected state official determines that the use of competitive
sealed bidding is not feasible or practical;
(C) Contracts may be made by noncompetitive
negotiation only when competition is not feasible, as determined
in writing by a principal representative and approved by the
governor or his designee, except as otherwise provided in this
subparagraph. An elected state official may contract for
supplies or services for his office by noncompetitive
negotiation without the approval of the governor or the
governor's designee if the contract is for twenty-five thousand
dollars ($25,000.00) or less and the elected state official
determines that competition is not feasible;
(D) Contracts for contractual services,
consulting services, and special projects and services, for the
purpose of hiring professionals, consultants or contracted
services shall be approved as follows:
(I) Contracts by an agency in an amount
exceeding one thousand five hundred dollars ($1,500.00), but not
to exceed fifteen thousand dollars ($15,000.00), require the
approval of the principal representative or the principal
representative's designee before the state executes the
contract;
(II) Contracts by an agency in an amount
exceeding fifteen thousand dollars ($15,000.00) require the
approval of the governor or the governor's designee before the
state executes the contract, except as provided in subdivision
(III) of this subparagraph;
(III) Contracts by an elected state
official shall not require the approval of the governor or the
governor's designee before the state executes the contract.
(E) Agencies shall be authorized to make small
purchases in accordance with rules adopted by the department.
The rules shall include small purchase procedures which
authorize agencies to procure supplies not exceeding two
thousand five hundred dollars ($2,500.00), or such higher amount
established by the department, but not to exceed fifteen
thousand dollars ($15,000.00), without compliance with this
paragraph and without prior approval of the department;
(F) This paragraph shall not apply to the
procurement by the department of corrections of raw materials
used in a correctional industries program to manufacture goods
or to provide services under W.S. 7-16-206(a)(i), the
procurement of goods or services from the department of
corrections under W.S. 7-16-206(a)(i) when the goods or services
produced are not available from other Wyoming manufacturers or
service providers, the procurement of professional services
under W.S. 9-23-101 through 9-23-107, the procurement of capital
construction projects under W.S. 9-2-3004 and 9-2-3006 nor to
purchases of feed by the game and fish department for winter elk
ranges. Subparagraph (E) of this paragraph shall not apply to
the procurement of services or supplies by the offices of state
elected officials;
(G) If competitive sealed bidding is required
the contract shall be let to the responsible private sector
bidder making the lowest bid if the private sector bidder's bid
is not more than five percent (5%) higher than that of the
lowest responsible nonprivate sector bidder;
(H) The director of the department of
administration and information or his designee, upon a written
finding that it would be more efficient to use federal
procurement procedures for 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 by this paragraph.
(v) Establish and maintain an inventory of all
agencies' property purchased in total or in part with state
funds or otherwise held in the name of the state. The inventory
shall contain the following information: acquisition cost,
property description, present value, property location and other
information as required;
(vi) Classify all agencies' property into uniform
categories as determined by type of property, using agency,
location or other factors. Systematically arrange under a
uniform classification a list of all personal property belonging
to the state. The inventory shall be arranged to show separately
the property pertaining to each state office, institution,
department and board. The inventoried property shall be
inspected annually, checked and its value fixed. The inventory
shall be revised at the same date each year, bringing all newly
acquired property into the inventory under its proper
classification. All officers and employees in each agency shall
assist the department in securing and compiling the information
pertaining to their respective agencies;
(vii) Develop a system of numbers by which all
tangible personal state property can be identified.
Identification numbers shall be affixed to all property unless
otherwise provided by the department;
(viii) Supervise and approve disposition by sale or
trade-in of all agencies' property which has been deemed to be
no longer cost effective to the state. Real property in excess
of forty (40) acres in one (1) tract or valued at fifteen
thousand dollars ($15,000.00) or more shall not be disposed of
at less than current appraised value as authorized in accordance
with rules of the state building commission. No other property
shall be disposed of at less than fair market value either for
cash or in exchange for credit upon purchase of new property.
All sales shall be public and based upon adequate notice except
that state owned motor vehicles may be sold at public or dealer
auction and except that for the first thirty (30) days after
acquisition, any personal property may be made available to
those entities qualifying under federal surplus property
guidelines through the state surplus property warehouse. The
proceeds of sale, less costs of sale, shall be remitted to the
treasurer for the benefit of the fund from which the property
was purchased. This paragraph shall not apply to, nor shall the
department or the state building commission approve or supervise
the disposition of land by the state transportation commission;
(ix) Repealed By Laws 1997, ch. 178, § 2.
(x) Require each agency to report in a manner
prescribed by the department the acquisition, disposition,
transfer, loss or theft of all personal property. No state
agency shall dispose of or transfer any personal property
without the prior approval of the department;
(xi) Secure and maintain insurance or otherwise
protect against fire and other perils on all buildings and
structures and the contents thereof, and other properties owned
by the state of Wyoming or any of its agencies. The insurance
shall be in an amount which is adequate to protect the interest
of the state of Wyoming and, where appropriate, the interest of
the United States;
(xii) Secure and maintain insurance against the risks
of fire and theft and other insurance deemed necessary or
required by law on all motor vehicles, trailer attachments and
aircraft owned by the state of Wyoming or any of its agencies.
The insurance secured and maintained shall be in an amount which
is adequate to protect the interest of the state but not less
than the amounts required by W.S. 1-39-101 through 1-39-120. In
securing insurance the department shall take full advantage of
experience ratings and groupings or master policies to the end
that the insurance may be secured at the lowest possible
beneficial rates and for the best interest of the state;
(xiii) Secure personal liability and surety bonds for
Wyoming peace officers, employees and state officials as
required by statute, secure professional liability insurance for
Wyoming doctors and nurses employed by the state, and secure
liability insurance for all property owned by the state or any
of its agencies as required by W.S. 1-39-101 through 1-39-120;
(xiv) Provide assistance requested by the legislature
or the judiciary in the procurement of supplies and services;
(xv) Provide central reproduction and other
duplication services to agencies;
(xvi) Provide central mail and allied services to
agencies;
(xvii) Repealed by Laws 2016, ch. 105, § 4.
(xviii) Repealed by Laws 2016, ch. 105, § 4.
(xix) Lease all property for the state in accordance
with rules of the state building commission. Leasing of
property by the state shall be conducted on a bid and proposal
basis with advertising of space needs and square footage in
community or local newspapers. Leasing contracts may be entered
into by noncompetitive negotiation only if:
(A) The administrator of the department
determines in writing that competitive bidding is not feasible;
or
(B) The lessor is a governmental agency.
(xx) Maintain, repair and replace all state property
in accordance with rules of the state building commission;
(xxi) Administratively implement the state building
commission's rules relating to the leasing, routine maintenance,
management, operation and equipping of state office buildings as
provided in W.S. 9-5-101 through 9-5-108;
(xxii) Repealed by Laws 2016, ch. 105, § 4.
(xxiii) Plan for all agency office and other space
needs in accordance with the provisions of W.S. 9-5-107, 9-5-108
and rules, procedures and criteria adopted pursuant to that
section.
(c) The surplus property section within the division of
general services is created, which shall be the state's surplus
property agency pursuant to the terms of 40 U.S.C. § 549. The
surplus property section may:
(i) Acquire from the United States of America under
and in conformance with the Federal Property and Administrative
Services Act of 1949, as amended, hereinafter referred to as the
"act", property, including equipment, materials, books or other
supplies under the control of any department or agency of the
United States of America which are usable and necessary for
purposes of education, public health or civil defense, including
research for any purpose authorized by federal law; to warehouse
the property; and to distribute the property within the state to
tax-supported medical institutions, hospitals, clinics, health
centers, school systems, schools, colleges and universities
within the state, to other nonprofit medical institutions,
hospitals, clinics, health centers, schools, colleges and
universities which have been held exempt from taxation under 26
U.S.C. § 501(c)(3), to civil defense organizations of the state,
or political subdivisions and instrumentalities which are
established pursuant to state law, and to other types of
institutions or activities which are eligible under federal law
to acquire the property;
(ii) Receive applications from eligible health and
educational institutions for the acquisition of federal surplus
real property, investigate the same, obtain expression of views
respecting the applications from the appropriate health or
educational authorities of the state, make recommendations
regarding the need of the applicant for the property, the merits
of its proposed program of utilization, the suitability of the
property for the purposes, and otherwise assist in the
processing of applications for acquisition of real and related
personal property of the United States under 40 U.S.C. § 550;
(iii) Make certifications, take action, make
expenditures and enter into contracts, agreements and
undertakings for and in the name of the state (including
cooperative agreements with any federal agencies providing for
utilization by and exchange between them of the property,
facilities, personnel and services of each by the other),
require reports and make investigations as required by law or
regulation of the United States of America in connection with
the disposal of real property and the receipt, warehousing,
utilization and distribution of federal surplus personal
property received by the department from the United States of
America;
(iv) Act as clearinghouse of information for the
public and private nonprofit institutions, organizations and
agencies referred to in paragraph (i) of this subsection and
other institutions eligible to acquire federal surplus real
property, to locate both real and personal property available
for acquisition from the United States of America, to ascertain
the terms and conditions under which the property may be
obtained, to receive requests from the above-mentioned
institutions, organizations and agencies and to transmit to them
all available information in reference to the property, and to
aid and assist the institutions, organizations and agencies in
every way possible in the consummation of acquisitions or
transactions hereunder;
(v) Cooperate to the fullest extent consistent with
the act with the departments or agencies of the United States of
America, file a state plan of operation, operate in accordance
therewith, and take necessary action to meet the minimum
standards prescribed in accordance with the act, make reports in
the form and containing the information which the United States
of America or any of its departments or agencies requires, and
comply with the laws of the United States of America and the
rules and regulations of any of the departments or agencies of
the United States of America governing the allocation, transfer,
use of, or accounting for, property donable or donated to the
state.
(d) Any charges made or fees assessed for the acquisition,
warehousing, distribution or transfer of any property of the
United States of America for educational, public health or civil
defense purposes, including research, shall be limited to those
reasonably related to the costs of care and handling in respect
to its acquisition, receipt, warehousing, distribution or
transfer by the department and, in the case of real property,
the charges and fees shall be limited to the reasonable
administrative costs of the department incurred in effecting
transfer. Revenue resulting from payments of charges and fees
shall be paid into the trust and agency fund and shall be
utilized for payment of all costs to the department of
acquiring, warehousing, distributing and transferring property
under the federal surplus property utilization program and be
disbursed in accordance with applicable federal regulations.
(e) Any provision of law to the contrary notwithstanding,
the governing board, or if none, the executive head, of any
agency or of any city, county, school district or other
political subdivision may by order or resolution confer upon any
officer or employee thereof continuing authority to secure the
transfer to it of surplus property under this act, and to
obligate the state or political subdivision and its funds to the
extent necessary to comply with the terms and conditions of the
transfers. This authority conferred upon any officer or employee
by any order or resolution shall remain in effect unless and
until the order or resolution is duly revoked and written notice
of revocation is received by the department.
(f) The section may engage in activities relative to
federal excess property in connection with the use of the
property by other state agencies, institutions or organizations
engaging in or receiving assistance under federal programs. The
section may enter into contracts and other agreements for and on
behalf of the state, including the cooperative agreements within
the purview of section 203(n) of the federal act (40 U.S.C. §
484(j)) with federal agencies, as well as agreements with other
groups or associations which will in any way procure the
administration of the section's functions but this act relating
to the procurement of property shall not apply to the section in
the acquisition of federal surplus property.
(g) All meat used or purchased for use in any state
institution shall be produced and processed within the United
States, and neither the general services division of the
department nor anyone else shall negotiate, execute or approve
any contract for the purchase of meat to be used in any state
institution if the meat has been produced or processed outside
the United States. The department shall adopt appropriate rules
to carry out the purpose of this subsection.
(h) The general services division shall:
(i) Manage and control all state motor vehicles and
equipment including their identification, purchase, lease,
replacement, repair and permanent assignment, except for state
owned or leased vehicles personally used by or assigned to the
governor, secretary of state, state auditor, state treasurer or
superintendent of public instruction;
(ii) Establish, update and comply with uniform
standards and criteria promoting the economic and effective
maintenance and use of motor vehicles consistent with the needs
and locations of agencies;
(iii) Repealed by Laws 2018, ch. 108, § 3.
(iv) Account for separately any rental income
generated under a lease agreement with a third party under
paragraph (b)(xix) of this section for the occupancy of unused
portions of any building used as the quarters for the state
trails program field office for the support of the state trails
program under W.S. 36-4-108(b)(iv). Any rental income as
specified under this paragraph that exceeds the expenses needed
and expended for the operation and maintenance of the building,
portion of the building or premises shall be deposited quarterly
and in equal amounts into the snowmobile trails account created
by W.S. 31-2-409(c) and the off-road recreational vehicle trails
account created by W.S. 31-2-703(c).
(j) Any state or county employee or officer using a state
vehicle without authorization or for purposes other than
official business is guilty of a misdemeanor punishable by a
fine of not less than fifty dollars ($50.00) or more than two
hundred dollars ($200.00).
(k) Each elected state official shall report annually by
October 31, to the joint appropriations committee a list of all
contracts entered into by the elected state official during the
previous fiscal year for supplies or services, if the contract
was not awarded by competitive sealed bidding. The report shall
also include a list of all contracts entered into by the elected
state official for contractual services, consulting services or
special projects and services if the contract was not approved
by the governor or his designee.