Wyo. Code R. 027-0003-5
Effective Date: 04/28/2021 to Current
Rule Type: Current Rules & Regulations
Reference Number: 027.0003.5.04282021
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).
(a) All contracts for projects procured under these rules shall be:
(i) Negotiated and executed in compliance with W.S. 9-23-101;
(ii) Submitted to and approved by the Attorney General's Office in compliance with procedures established by the Wyoming Attorney General's Office, except for contracts made between school districts and vendors where the Department is not a signatory. School district contracts between vendors where the Department is not a signatory shall be on templates approved by the School Facilities Commission and the Attorney General's Office;
(iii) Filed with and approved by the Department per W.S. 9-1-403(b)(viii);
(iv) Executed by a principal representative of the procuring agency;
(v) Executed on the Department's contract templates, unless otherwise approved by the Department and the Attorney General's Office. The procuring agency shall select the correct template that corresponds to the scope of work of the intended project, subject to review and guidance by the Department; and
(vi) Approved by the Governor or the Governor's designee if the contract is valued in excess of fifty thousand dollars ($50,000) per W.S. 9-2-3006(c).
(b) Modifications to Department contract templates, including adjustments to further stipulate services and reflect the scope of the particular project, on a project-by-project basis may be submitted to the Department for review and approval in consultation with the Attorney General's Office. Major modifications, as determined by the Department, require approval by the Department and the Attorney General's Office. All modifications shall be submitted to the Attorney General's Office and the Department in compliance with the process outlined in Section 2(a) of this Chapter. All amendments to project contracts shall be treated as modifications per this subsection. The procuring agency shall be responsible to pay any costs incurred on a contract modified and executed without the necessary approvals until such time as a contract acceptable to the Department and the Attorney General's Office is signed.
(c) Retainage may be required at the discretion of the procuring agency per W.S. 16-6-702(b).
(d) Performance and payment bonds shall be secured on all projects per W.S. 9-2-3004(c)(v)(C), in the amounts specified in W.S. 16-6-112. Performance, payment, and performance and payment bonds shall be:
(i) Submitted on a Department-approved form; (ii) Submitted to the Wyoming Attorney General's office for its approval; (iii) Provided to the Department in accordance with the Department's procedures; and (iv) Held by the procuring agency.
Section 3. Contract Management. The procuring agency shall be responsible for managing the executed contract to ensure compliance with required terms during the contract performance period, including but not limited to residency preference requirements applicable to the project and the materials or services procured.
Section 4. Payments.
(a) Payments for materials and services shall be delivered only when: (i) The contract for services is compliant with the requirements of W.S. 9-1-403(b); (ii) The contractor requests payment for services rendered using the approved forms provided by the Department; and (iii) The procuring agency provides verification of the completion of work included in the contractor's request for payment. The procuring agency may require additional forms or affidavits before releasing payments. (b) Final payment shall be issued upon completion of the requirements in W.S. 16-6-116, if applicable. (c) All disputed payments and claims shall be handled in accordance with W.S. 16-6-117, if applicable.