§ 16-6-1001 — Capital construction projects restrictions; preference requirements; waivers

Wyoming § 16-6-1001

• Jurisdiction: Wyoming
• Title 16: City, County, State and Local Powers
• Ch. 6: PUBLIC PROPERTY
• Art. 10: CAPITAL CONSTRUCTION PROJECTS

Text

(a) Unless otherwise prohibited by federal law, any funds
appropriated to or authorized for expenditure by a public entity
for capital construction projects shall be subject to the
restrictions of this section which shall be construed where
possible as complimentary and consistent with other statutory
requirements relating to competitive bidding and contractor
preferences. To the extent the restrictions in this section are
inconsistent with other state statutes, this section shall
supersede all such inconsistent provisions and shall govern.
This section shall be applied as follows:
(i) This paragraph shall apply to any alternate
design and construction delivery method as defined in W.S.
16-6-701(a)(v):
(A) All contracts shall require the construction
manager at risk or design builder to conduct an open bid process
in compliance with Wyoming contractor preference laws before
awarding any subcontracts for work covered under the contract;
(B) Unless exempted pursuant to subparagraph (C)
of this paragraph the construction manager at risk or design
builder shall award to responsible Wyoming resident contractors
not less than seventy percent (70%) of the work covered by the
manager's or builder's contract. As used in this subparagraph
"work covered" shall be calculated using the total contract
price and the total of payments made to all subcontractors under
the contract, including materials but excluding from both
amounts the price for any part of the contract for which a
waiver is provided under subparagraph (C) of this paragraph;
(C) The requirement of subparagraph (B) of this
paragraph may be waived for any part of the subcontract work to
be performed under the contract. If waived in part, the
remaining value of the total subcontract work to be performed
under the contract is subject to and shall be used to calculate
compliance with the requirement of subparagraph (B) of this
paragraph. A waiver shall require a written determination that:
(I) The work to be performed is specialized
or of such a scale that it can be more suitably performed by
out-of-state contractors;
(II) The bid amounts submitted by
responsible Wyoming subcontractors exceed one hundred five
percent (105%) of the costs of out-of-state providers for
equivalent quality of work or services;
(III) The enforcement of the requirement
would unreasonably delay completion of construction; or
(IV) There were insufficient responsible
Wyoming contractors submitting bids to make the seventy percent
(70%) requirement.
(V) Repealed by Laws 2012, Ch. 106, § 2.
(D) Any waiver shall be approved in writing by
the following persons:
(I) For projects to be completed by the
state of Wyoming, by the director of the state construction
department;
(II) For projects to be completed by the
University of Wyoming, by the president of the university and
the chairman of the board of trustees;
(III) For projects subject to review by the
state construction department under title 21 of Wyoming
statutes, by the director of the state construction department
and the chairman of the board of the school facilities
commission;
(IV) For projects completed by a community
college, by the community college president and its chairman of
the board of trustees;
(V) For all other projects, by the
respective governing body.
(E) Any approved waiver shall be documented in
writing and provided to the governor. Notice of all approved
waivers shall also be published on a website maintained by the
state construction department, including a statement of the
grounds for the waiver.
(ii) Unless exempted pursuant to subparagraph (D) of
this paragraph, this paragraph shall apply to all construction
delivery methods:
(A) The procurement of furniture and movable
equipment shall be done by competitive bid based upon:
(I) Specifications written for products
that are available from Wyoming resident suppliers; or
(II) If specified products are not
available from any Wyoming resident supplier, specifications
addressing performance standards and functional requirements
determined by the public entity. The public entity may specify
suggested individual brands or manufacturers, provided that
similar products that meet or exceed specifications shall be
accepted as substitute products. Specified products that are not
available to any responsible Wyoming resident suppliers shall
not be used in any group or package within the bid documents
which would exclude responsible Wyoming resident suppliers from
submitting a bid on the final bid package.
(B) No person who was employed by the public
entity to prepare the bid documents, whether with or without
compensation, shall be eligible to bid on the final bid package;
(C) A five percent (5%) preference shall be
granted to responsible Wyoming resident suppliers for
procurements by public entities and that are used in and
incorporated into a capital construction project;
(D) The requirements of subparagraph (A) of this
paragraph may be waived by a political subdivision of the state
for furniture or movable equipment upon a written determination
that the furniture or movable equipment requirements of the
project are so specialized or that an item or type of furniture
or movable equipment is so unique or uncommon that failure to
waive the requirements would materially impair the functionality
of the project. Waivers under this subparagraph shall be
approved by the governing body of the political subdivision.
(iii) All bids shall be opened in public at a
location designated by the public entity soliciting the bid.
This paragraph shall apply to all construction delivery methods;
(iv) Contractor progress payments shall be made only
in accordance with this paragraph. If a public entity determines
that a general contractor in good standing on a project requires
a progress payment due for work completed in a workmanlike
manner in order to pay a materialman, subcontractor or laborer
for their work performed to date, the entity may issue the
progress payment upon verification that all materialmen,
subcontractors and laborers have been paid for completed work
through the date of the most recent previous progress payment,
less any contracted amounts lawfully held for retainage. If a
progress payment has been withheld by a general contractor due
to a reasonable dispute between a general contractor and a
materialman or subcontractor, the claimant may present a claim
in the disputed amount against the general contractor's surety
bond under the provisions of W.S. 16-6-117. A person submitting
false information regarding a progress payment subject to this
paragraph shall be subject to the provisions of W.S. 16-6-120.
(b) Repealed by Laws 2020, ch. 31, § 2.
(c) Repealed by Laws 2020, ch. 31, § 2.
(d) Repealed by Laws 2020, ch. 31, § 2.
(e) Repealed by Laws 2013, Ch. 134, § 2.
(f) As used in this section:
(i) "Capital construction project" means as defined
by W.S. 9-2-3001(b)(ii);
(ii) "Public entity" means as defined in W.S. 16-6-
101(a)(viii).