Western Wyoming Construction Co., Inc. v. Board of County Commissioners of Sublette County, Wyoming, 301 P.3d 512

WWC bid $4,232,854.50 for a Sublette County highway project; the next lowest bidder was Sublette County-based at $4,241,074.10 and the contract was awarded to that bidder.
WWC claimed it was prequalified as a Wyoming resident and eligible for a 5% resident preference under § 16-6-102(a).
WWC filed suit seeking to enjoin or rescind the award and asserted breach of the duty of good faith and fair dealing.
The district court denied WWC’s TRO and later granted summary judgment for the Commissioners, denying relief and finding no contract invalidity.
On appeal, the Wyoming Supreme Court overruled precedent (DeBernardi) and remanded for evidence on funding sources and applicability of statutes, ultimately reversing and remanding.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 16-6-102(a) requires awarding to the lowest resident bidder.	WWC argues lowest certified Wyoming resident must win if within 5% of nonresident.	Commissioners contend discretion to award may be exercised to favor local economy; DeBernardi limits on state/local preferences.	Statute does not mandate lowest resident bid in all cases; DeBernardi overruled and statute applies to resident vs nonresident context.
Whether the Commissioners violated statute by selecting a local higher bidder to assist the local economy.	WWC asserts preference for local contractor violated § 16-6-102 and state policy.	Commissioners exercised valid discretion to consider local economy impact when bids are close.	Court remanded to determine statutory applicability and funding source; decision not final on legality of the award.
Whether WWC was a responsible, responsive, qualified bidder entitled to the award.	WWC contends it was prequalified and the lowest conforming bid; thus entitled to contract.	Award based on discretionary factors and bid specifics (bond, local preference) permitted.	Remand necessary to evaluate funding sources and bid eligibility; no final determination on WWC's entitlement.

Green River v. DeBernardi, 816 P.2d 1287 (Wy. 1991) (precedent on local preference preemption and statutory scope)
Galesburg Constr. Co. v. Board of Trustees of Mem. Hosp. of Converse County, 641 P.2d 745 (Wy. 1982) (statutory purpose to encourage in-state industry)
Arnott v. Arnott, 293 P.3d 440 (Wy. 2012) (stare decisis; when precedents are poorly reasoned, departure may be appropriate)
Brown v. City of Casper, 248 P.3d 1136 (Wy. 2011) (limits on automatic conformance to past decisions when contrary to law)