Wyo. Code R. 027-0003-2
Effective Date: 04/28/2021 to Current
Rule Type: Current Rules & Regulations
Reference Number: 027.0003.2.04282021
Section 1. Authority. These rules are promulgated by the Wyoming State Construction Department, herein referred to as the Department, in accordance with W.S. 9-2-3004(c)(ii) and 9-23-105(e).
Section 2. Applicability. This chapter applies to agency procurement of professional services regardless of whether the professional services are for a capital construction project. This chapter shall not apply to the procurement of alternative design and construction delivery methods (Chapter 4 of these rules), or the procurement of materials or services using competitive sealed bidding, competitive negotiation, or noncompetitive negotiation (Chapter 3 of these rules).
(a) A firm that provides professional services may submit a detailed statement of qualifications and performance data to the Department or an agency that procures professional services. The firm may submit its statement at any time, but in any event shall provide an updated statement at least every two (2) years. In accordance with W.S. 9-23-103(a)(i), the Department shall keep the statements submitted under this paragraph on-file and shall maintain a list of the professional services firms that submitted them. The Department is not required to maintain similar lists or on-file statements of qualifications for services other than professional services.
(b) For a project with a professional services fee estimated by a procuring agency to be fifty thousand dollars ($50,000) or less, the procuring agency may request statements of qualifications in preparation for the specific project.
(c) For a project with a professional services fee estimated by a procuring agency to exceed fifty thousand dollars ($50,000), the procuring agency shall request statements of qualifications by giving notice of the need for professional services in a newspaper of general circulation in the state at least once each week for two (2) consecutive weeks and on the state procurement website for not less than two (2) consecutive weeks prior to initiation of selection procedures in accordance with W.S. 9-23-105. Notices shall:
(i) Generally describe the proposed project; and
(ii) Describe the procedures and requirements to submit a statement of qualifications related to the proposed project.
(d) A statement of qualifications under this section shall include:
(i) A listing of the professional services that the firm believes it is qualified to provide;
(ii) A statement of corporate history;
(iii) Contact information;
(iv) A concise description of relevant past work completed by the firm within the last three (3) years at minimum;
(v) A listing of the professional qualifications held by the firm's staff;
(vi) For a professional services firm claiming to qualify as a "resident firm" under W.S. 9-23-102(a)(vi), a certification in accordance with the requirements of W.S. 9-23-102(a)(vi); and
(vii) Any other information required by the Department or the procuring agency in a notice requesting statements of qualifications.
(a) Before issuing requests for proposals, a procuring agency shall obtain or review copies of the Department's on-file statements of qualifications kept by the Department under Section 3(a) of this chapter. The procuring agency is only required to obtain or review the on-file statements from firms with qualifications relevant to the procuring agency's needs.
(b) When choosing firms from whom to request proposals for a project, a procuring agency shall consider both on-file statements of qualifications and statements received in response to a notice requesting statements of qualifications. A procuring agency does not need to consider statements of qualifications from firms that are not qualified to provide the type of professional services being procured. Any firm that fails to provide a resident firm certification for the project in accordance with W.S. 9-23-102(a)(vi) shall be considered to be a nonresident firm.
(c) The procuring agency shall review statements of qualifications:
(i) For completeness;
(ii) To validate firm credentials;
(iii) To determine whether firms are resident firms or nonresident firms; and
(iv) To determine whether firms are qualified to provide the requested professional services.
(d) The procuring agency shall select the firms from whom it shall request proposals in accordance with the following:
(i) If there are three (3) or less qualified resident firms, the procuring agency shall request proposals from all of the qualified resident firms.
(ii) If there are more than three (3) qualified resident firms, the procuring agency shall request proposals from at least three (3) of the qualified resident firms.
(iii) If there are no qualified resident firms, the procuring agency may request proposals from qualified nonresident firms. If there are three (3) or less qualified nonresident firms, the procuring agency shall request proposals from all of the qualified nonresident firms. However, if there are more than three (3) qualified nonresident firms, the procuring agency shall request proposals from at least three (3) of those firms.
(iv) The procuring agency may determine that less than three (3) firms are qualified.
(e) A request for proposal shall contain:
(i) A description of the project scope, the required project timeline, and the desired deliverables;
(ii) Submission procedures and content requirements for technical proposals; and
(iii) Submission procedures and content requirements for the firm’s estimated fee.
(f) Notwithstanding subsections (a) through (e) of this section, a procuring agency may forgo requesting firms to provide written proposals and, instead, proceed directly to interviewing firms selected based on their statements of qualification. A procuring agency proceeding under this subsection shall comply with the following:
(i) The procuring agency shall apply the requirements of subsections (a) through (d) of this section and Section 5 of this chapter to evaluate statements of qualifications, select firms for interviews, and conduct interviews;
(ii) An invitation to interview shall contain at least the following:
(A) A description of the project scope, the required project timeline, and the desired deliverables;
(B) Submission procedures, if any, and content requirements for technical presentations; and
(C) Submission procedures, if any, and content requirements for the firm’s estimated fees.
(iii) The procuring agency may allow a firm to present its technical proposals and estimated fees at the interview. The procuring agency is not required to have a firm submit a written proposal or the firm's estimated fees prior to the interview.
(a) For professional services fees estimated by the procuring agency to exceed fifty thousand dollars ($50,000), the procuring agency shall interview not less than three (3) firms that provided proposals. However, if the procuring agency determines after reviewing a firm's proposal that the firm is not qualified for the project and should not have received a request for proposal, the procuring agency may reject the proposal and not interview the firm.
(i) Interviews shall be conducted in accordance with W.S. 9-23-105(b).
(ii) The procuring agency shall keep a record of the interview.
(iii) If fewer than three (3) firms submit proposals, the procuring agency may:
(A) Interview all proposing firms;
(B) Solicit for additional proposals before proceeding; or
(C) Reject all proposals and either re-advertise for statements of qualifications or cancel the procurement.
(iv) If the procuring agency is unsatisfied with the results of the interviews, it may interview not less than three (3) additional firms that provided proposals.
(b) For professional services fees estimated by the procuring agency to be fifty thousand dollars ($50,000) or less, the procuring agency may interview firms that provide proposals.
(a) The procuring agency shall consider the factors under W.S. 9-23-105(f)(i) when selecting the firm with which it will begin contract negotiations. The procuring agency also may consider the firms' estimated fees or other factors in making the selection.
(b) If during the selection process the procuring agency determines that a firm that previously claimed to be a resident firm does not actually meet the requirements of W.S. 9-23-102(a)(vi) with respect to the project, the procuring agency shall consider the firm to be a nonresident firm.
(c) The procuring agency may:
(i) Select the most qualified firm, in consideration of all the information provided by the firm, including the firm’s estimated fees and the procuring agency’s determination of the firm’s residency status with respect to the project, for contract negotiations; or
(ii) Reject all proposals. If the procuring agency opts to reject all proposals, it may exercise its discretion to repeat the process from the most appropriate step under the circumstances.
(a) Per W.S. 9-23-105(h), a procuring agency may waive any provision pertaining to firm selection if following the provision would endanger the health, welfare, or safety of the public under the circumstances. The procuring agency shall document the emergency situation necessitating the procurement, the circumstances justifying the waiver, and an explanation of how and why following the waived provision would endanger the health, welfare, or safety of the public. The decision of a procuring agency to waive any provision pertaining to firm selection under this provision is immediately subject to review by the Department Director.
(b) In the event that emergency work is initiated in response to an emergency condition, the procuring agency shall notify the Department by the next business day of, any and all efforts undertaken by the procuring agency to obtain competition, and the emergency condition that justified reliance on this section. The procuring agency, not the Department, is responsible for any notification to Risk Management or other such agencies or entities as may be statutorily required per rules and statutes that apply to the procuring agency.
Upon completion of the selection process, the procuring agency shall negotiate a written contract in the form required by the Department with the selected firm as determined by W.S. 9-23-106 and Chapter 5 of these rules.