Wyo. Code R. 027-0003-4
Effective Date: 04/28/2021 to Current
Rule Type: Current Rules & Regulations
Reference Number: 027.0003.4.04282021
(a) A procuring agency may utilize alternate design and construction delivery methods for capital construction projects, as allowed by W.S. 16-6-702(b).
(b) Projects subject to approval by the School Facilities Commission shall comply with the alternate design and construction delivery approval process as outlined in School Facilities Commission rules.
(a) A procuring agency may procure a contract for materials or services on an as-needed basis, provided that:
(i) The procuring agency complies with the applicable advertising requirements of:
(A) Chapter 2 of these rules for procurement of professional services; or
(B) Chapter 3 of these rules for procurement by competitive bidding, competitive negotiation, or noncompetitive negotiation; and
(ii) The contract meets the contract requirements of Chapter 5, Section 2 of these rules, with the following additional requirements:
(A) An individual contract for materials or services that has a not-to-exceed amount in excess of one hundred fifty thousand dollars ($150,000) shall be subject to performance and payment bond requirements as specified in Chapter 5, Section 2(d) of these rules; and
(B) The contract’s term shall be specified and shall not exceed two (2) years.
(a) A procuring agency may, when determined to be in the best interest of the State of Wyoming and in compliance with any statutorily required approvals, hire a CMAR for project delivery. When a CMAR is used, the procuring agency shall enter into a contract with a single proposer to provide preconstruction services and optionally oversee and subcontract construction services. A procuring agency has discretion to use a CMAR based on the individual needs and merits of the capital construction project.
(b) The procuring agency shall issue a request for statements of qualifications from potential proposers wishing to submit proposals for CMAR services. The procuring agency shall advertise the request for at least two (2) weeks on the state procurement website prior to the initiation of selection procedures. The procuring agency may advertise the request using additional methods.
(c) The request for statements of qualifications shall state the minimum and maximum number of potential proposers that will be invited to submit final proposals. Prequalification shall be based on an evaluation of criteria set forth in the request for qualifications including:
(i) Construction and design experience;
(ii) Technical competence; and
(iii) The proposer’s capability to perform the work requested including financial, manpower, and equipment resources, experience in other similar CMAR projects, and past performance.
(d) Requests for proposals shall comply with Chapter 2, Section 4(e) of these rules and W.S. 16-6-707.
(e) Proposals submitted by potential CMARs shall:
(i) Comply with W.S. 16-6-707 and the request for proposals; and
(ii) Cost proposals shall be submitted in a sealed envelope separate from technical proposals to review work proposal evaluation and cost proposal evaluation.
(f) Evaluation and selection of a CMAR shall follow the requirements of Chapter 2, Section 5 of these rules with the following exceptions:
(i) Evaluation of proposals shall be done using evaluation criteria established prior to advertising and published in the request for proposals.
(ii) After opening of technical proposals and prior to opening of cost proposals, the procuring agency may conduct interviews with selected candidates. The solicitation for proposals shall specify:
(A) The proposal evaluation criteria; and
(B) The maximum number of proposers that the procuring agency intends to select for an interview or the score cutoff that will be used to select for an interview.
(iii) Upon completion of the interview process, the procuring agency may proceed to negotiation and contracting.
(g) Execution of a contract with a CMAR shall follow Chapter 5 of these rules, with the following exception:
(i) Any CMAR hired through this process shall be held to the procurement and award rules in these chapters to the extent the CMAR is responsible for the procurement of professional services or services procured through competitive bidding, competitive negotiation, or noncompetitive negotiation, and shall conduct an open-bid process in compliance with Wyoming contractor preference laws before awarding any subcontracts for work per W.S. 16-6-1001(a)(i).
(a) A procuring agency may, where determined to be in the best interest of the State, and in compliance with any statutorily required approvals, use the design-build method of project design and construction delivery. When a procuring agency uses the design-build method, it shall enter into a contract with a single proposer to provide design services in addition to construction or maintenance services. The use of this method shall be determined by the individual needs and merits of the project.
(b) Prequalification.
(i) The procuring agency shall issue a request for statements of qualifications from potential proposers wishing to submit proposals on a design-build project. The request shall state the minimum and maximum number of proposers that will be invited to submit final proposals. The request shall be advertised in accordance with Chapter 3, Section 8 of these rules related to advertisement requirements.
(ii) Prequalification shall be based on an evaluation of criteria set forth in the request for statements of qualifications, including:
(A) Construction and design experience,
(B) Technical competence, and
(C) The statement submitter's capability to perform the work requested including financial, manpower, and equipment resources, experience in other similar design-build projects, and past performance.
(iii) The field of competing statement submitters shall be narrowed to the most qualified proposers not to exceed the number designated in the request for statements of qualifications. Failure to receive at least two (2) qualified proposers shall necessitate the re-advertisement of the project.
(iv) A procuring agency may select a design-builder based solely on submitted statements of qualification, provided that:
(A) At least two (2) firms responded to the request for statements of qualifications; and
(B) The estimated cost for construction of the project is equal to or less than five hundred thousand dollars ($500,000).
(c) Preparation of Specifications.
(i) A procuring agency shall request proposals for projects with estimated construction costs in excess of five hundred thousand dollars ($500,000) using:
(A) A fixed-scope request for a fee-based proposal; or
(B) A fixed-price request for a scope-based proposal.
(ii) The procuring agency may use any method of specifying construction materials or services deemed to be in the best interest of the State by the procuring agency's principal representative. Professional service firms that participate in the preparation of specifications to be used in a request for proposals shall not participate as proposers on such projects if a conflict of interest exists, as determined by the procuring agency's principal representative.
(d) Requests for Proposals.
(i) The procuring agency shall request proposals from at least two (2), and no more than five (5), prequalified proposers for the designated design-build project. The request for proposals shall comply with Chapter 2, Section 4(e) of these rules.
(ii) Evaluation.
(A) Proposers shall be permitted to propose multiple or alternate bids only if the request for proposals clearly requests or allows proposers to propose multiple or alternate bids.
(B) The procuring agency shall select the proposer whose proposal offers the best overall value for the State, as specified in W.S. 16-6-701(a)(ix)(D).
(C) Compensation for unsuccessful proposers shall be at the discretion of the procuring agency and shall be clearly specified in the request for proposals.
(D) Residency preference shall be applied per W.S. 16-6-102(a).
(e) Contracting. In addition to the requirements of Chapter 5 of these rules, selected firms shall certify that at least seventy percent (70%) of all subcontractors shall be Wyoming resident contractors for covered work per W.S. 16-6-1001(a)(i).
Section 5. Construction manager agent. A procuring agency may choose to hire a construction manager agent for projects where the procuring agency is entering into multiple prime contractor contracts.