§ 9-23-105 — Selection procedures; emergency waiver

(a) For each proposed project, the principal
representative of the agency for which the project is proposed
shall evaluate current statements of qualifications and
performance data of firms on file with the department or the
agency, together with any applications submitted by other
qualified firms, and shall select in accordance with subsection
(f) of this section not less than three (3) firms considered
qualified to perform the required professional services. The
agency shall provide a complete description of the work to the
firms selected. These firms shall submit an unpriced proposal to
do the work.
(b) In addition to the requirements of subsection (a) of
this section, for any professional services fee estimated by the
agency to exceed fifty thousand dollars ($50,000.00) the
principal representative shall interview not less than three (3)
firms selected from those which have submitted proposals to do
the work. The interview may include discussion of each firm's
projections of project costs, qualifications, approaches to the
project, ability to furnish required professional services, use
of alternative methods for furnishing required professional
services and an estimated fee based on the agency's description
of the work. The agency shall keep a record of the interview.
The estimated fee, if requested by the agency, may be used as a
basis, along with the considerations and requirements of
subsection (f) of this section for selection by the principal
representative of the most qualified firm for contract
negotiations. If unsatisfied with the results of such
interviews, the principal representative may select not less
than three (3) additional firms for interviews as provided by
subsection (a) of this section.
(c) In addition to the requirements of subsection (a) of
this section, for any professional services fee estimated by the
agency to be fifty thousand dollars ($50,000.00) or less, the
principal representative shall select three (3) firms from which
a project specific submittal shall be requested. The information
provided by the firm may include an estimated fee and
preliminary scope of services based on the agency's description
of the work. The estimated fee, if requested by the agency, may
be used as a basis along with considerations and requirements of
subsection (f) of this section for selection by the principal
representative of the most qualified firm for contract
negotiations.
(d) Nothing in this section prohibits a principal
representative from determining that fewer than three (3) firms
with current statements on file or which have submitted
applications before selection are qualified to perform the
required professional services. If a principal representative
makes that determination, subsections (b) and (c) of this
section apply with respect to the firms the principal
representative considers qualified.
(e) The department, in conjunction with the agencies,
shall adopt rules and regulations necessary to implement the
selection process provided by this section.
(f) Every agency, the University of Wyoming, each
community college district, the Wyoming business council and the
Wyoming department of transportation shall base selection of a
firm for professional services in accordance with the following:
(i) Except as provided in paragraph (ii) of this
subsection and subsection (g) of this section, the agency, the
University of Wyoming, each community college district, the
Wyoming business council and the Wyoming department of
transportation shall select firms that are resident firms as
defined by this act. Consideration between firms shall be based
upon:
(A) The ability of professional personnel;
(B) Past performance;
(C) Ability to meet time requirements;
(D) Location;
(E) Current and projected work loads;
(F) The volume of work previously awarded to the
firm by the agency;
(G) The equitable distribution of contracts
among the firms considered qualified.
(ii) Nonresident firms may be selected if no firms on
file, together with any applications submitted for the project,
are resident firms as defined by this act or if the resident
firms are determined not qualified by the agency, the University
of Wyoming, each community college district, the Wyoming
business council or the Wyoming department of transportation.
Consideration of qualified nonresident firms shall be based upon
the considerations listed in subparagraphs (i)(A) through (G) of
this subsection.
(iii) Repealed by Laws 2020, ch. 30, § 2.
(g) The provisions of this act requiring selection of
resident firms shall not apply if:
(i) Any part of the proposed project is to be paid or
has the potential to be paid with funds from the federal
government or other nonstate source; and
(ii) The federal government or the other nonstate
source has applicable requirements concerning residency
preferences that are inconsistent with this act.
(h) Whenever an emergency arises requiring professional
services, the principal representative of an agency, the
University of Wyoming, the community college district, the
Wyoming business council and the Wyoming department of
transportation may waive any applicable requirement of W.S. 9-
23-104 and this section if the requirement endangers the health,
welfare or safety of the public.