§ 16-6-701 — Definitions

(a) As used in this act:
(i) "Acceptable depository" means a state or national
bank or a savings and loan association or credit union in which
deposits are insured;
(ii) "Contractor" means any person who is a party to
a contract with a public entity for a public work;
(iii) "Public entity" means as defined in W.S. 16-6-
101(a)(viii);
(iv) Repealed by Laws 2020, ch. 31, § 2.
(v) "Alternate design and construction delivery
method" means the delivery method described by any
qualifications based procurement of design and construction
services, including all procedures, actions, events, contractual
relationships, obligations and forms of agreement for the
successful completion of any public work, other than by design,
bid and build. Alternate design and construction delivery
methods available to a public entity include construction
manager agent, construction manager at risk or design-builder;
(vi) "Construction manager agent" means a type of
construction management delivery where the professional service
is procured under existing statutes for professional services.
The construction manager agent is a construction consultant
providing administrative and management services to the public
entity throughout the design and construction phases of a public
work. Under this delivery method, the construction manager
agent is not the contracting agent and is not responsible for
purchase orders;
(vii) "Construction manager at-risk" means a type of
construction management delivery in which the construction
manager at-risk is an advocate for the public entity as
determined by the contracts throughout the preconstruction phase
of a project. In the construction phase of a public work, the
construction manager at-risk is responsible for all project
subcontracts and purchase orders and may conduct all or a
portion of the public work. Under this delivery method, the
construction manager at-risk is responsible for providing a
guaranteed maximum price for the public work to the public
entity prior to commencing the public work and the construction
manager at-risk shall be required to bond any project in
accordance with W.S. 16-6-112;
(viii) "This act" means W.S. 16-6-701 through
16-6-708;
(ix) "Design-build" means a type of construction
delivery method in which there is a single contract between the
public entity and a design-builder who furnishes architectural,
engineering and other related design services as required for
the public work, as well as labor, materials and other
construction services necessary for the public work. A design-
builder may be selected by the public entity based on evaluation
of responses to a request for qualifications, fixed scope
request for proposal or fixed price request for proposal. The
following shall apply:
(A) A design-builder may be selected based
solely on a response to a request for qualification for public
works with an estimated construction cost of five hundred
thousand dollars ($500,000.00) or less provided there are not
less than two (2) respondents;
(B) Responses to a fixed scope request for
proposal or a fixed price request for proposal shall be used as
the bases for selection for a public work with an estimated
construction cost of more than five hundred thousand dollars
($500,000.00);
(C) Interested parties shall first respond to a
request for qualification. Based on responses to the request
for qualification a minimum of two (2) and maximum of five (5)
respondents may be selected to respond to a fixed scope request
for proposal or a fixed price request for proposal;
(D) The respondent chosen by evaluation to
provide the best overall value for the public work shall be
selected in response to a fixed scope request for proposal or a
fixed price request for proposal. The best overall value shall
be determined based on criteria set forth by the public entity
letting the public work and may include, but is not limited to,
qualifications, price, quality of materials and products, past
experience and schedule;
(E) All unsuccessful respondents to a response
for a fixed scope request for proposal or fixed price request
for proposal may be compensated at the discretion of the public
entity based upon a percentage of the price of the public work
as proposed by the successful respondent in the respondent's
original proposal. Any compensation provided pursuant to this
subparagraph shall be clearly specified in the request for
proposal.
(x) "Design-builder" means an entity that provides
design-build services as described under paragraph (ix) of this
subsection whether by itself or through subcontractual
arrangements with other entities;
(xi) "Fixed price request for proposal" means a
request for an oral and written presentation of all
qualifications deemed pertinent to the public work by the public
entity in addition to a schematic design and detailed
description of all materials and products proposed to
accommodate a preliminary project program prepared by the public
entity and provided in the fixed price request for proposal.
The successful respondent shall construct the public work
described in their design and material and product description
for a fixed price prepared by the public entity and provided in
the fixed price request for proposal. The final guaranteed
maximum price and scope for the public work may be altered from
the request for proposal and negotiated with the successful
respondent at the discretion of the public entity;
(xii) "Fixed scope request for proposal" means a
request for an oral and written presentation of all
qualifications deemed pertinent to the public work by the public
entity in addition to a guaranteed maximum price for a
preliminary design prepared by the design builder incorporating
all elements of a fixed scope for the public work prepared by
the public entity and provided in the fixed scope request for
proposal. The final guaranteed maximum price and scope for the
public work may be altered from the request for proposal and
negotiated with the successful respondent at the discretion of
the public entity;
(xiii) "Request for qualification" means a request
for an oral or written presentation of all qualifications deemed
pertinent to the public work by the public entity. The request
for qualification shall include not less than all the provisions
contained in W.S. 16-6-707(b);
(xiv) "Public work" means as described in W.S. 16-6-
101(a)(ix).