Wyo. Code R. 027-0004-3
Effective Date: 02/09/2022 to Current
Rule Type: Current Rules & Regulations
Reference Number: 027.0004.3.02092022
Section 1. Authority. These rules address the SCD's responsibility to administer State construction pursuant to Wyoming Statute § 9-2-3004(a) and the Commission's authority to conduct state capital construction needs and priority assessments under W.S. § 9-5-107.
Section 2. Purpose. This Chapter establishes standard processes and procedures that apply to the prioritization of construction, renovation, and major maintenance needs of current state buildings; the statewide and building specific production of master plans to govern future construction, renovation, and major maintenance needs; and the management of construction, renovation, and major maintenance projects designed to address those needs.
Section 3. Prioritization criteria for the construction, renovation, and major maintenance needs of state buildings. Construction Management shall prioritize all statewide requests every other year prior to the budget session of the Wyoming Legislature, with the exception of community college requests which shall be prioritized on an annual basis in accordance with the community college commission's prioritization of construction needs under W.S. 21-18-225(d). Construction Management shall generate a current fiscal year list of all proposed construction, renovation, and major maintenance projects. Construction Management shall prioritize potential construction, renovation, and major maintenance projects in accordance with critical needs, strategic requirements, and agency priorities.
(a) Critical needs. Construction, renovation, and major maintenance requests are critical needs if the project is one that requires action in the current or subsequent legislative session. Critical needs construction, renovation, and major maintenance projects are:
(i) Life safety emergencies. Situations where immediate dangers to life or safety exist and corrective actions are urgent and unavoidable;
(ii) Asset preservation. Situations where work should be done to prevent asset deterioration, such as water intrusion;
(iii) Legal liabilities. Situations with known liabilities where legal citations imposing corrective actions or fines shall be imposed unless immediate actions are taken. Legal Liabilities must be substantiated by reports or other documents detailing the liabilities currently pending; and
(iv) Prior binding commitments. Projects that require action in the current legislative session due to previous legislative action that created a binding commitment.
(b) Strategic requirements. Each agency shall prioritize its projects as it submits those projects to Construction Management. Construction Management shall utilize these agency-level prioritizations when developing a statewide prioritization of projects, which shall be based upon each project's relation to future strategic needs and values as identified by the
Commission. Strategic requirements construction, renovation, and major maintenance criteria are to be weighted by Construction Management according to the following factors:
(i) Safety concerns. This factor considers whether the request addresses safety issues that do not meet the critical criteria;
(ii) Strategic linkage. This factor considers the relationship between the proposed project and the agency’s strategic plan; and
(iii) Statewide significance. This factor considers the geographic dispersion of the benefit, i.e., whether the project benefits the entire state and its citizens, a particular region or the state, or primarily a local community.
(c) Agency priorities. Construction Management shall also consider the agency’s own identified priorities.
Section 4. Statewide real property master plan. Construction Management shall establish a statewide real property master plan for all building construction, renovation, and major maintenance requirements for a twenty-five (25) year period. Construction Management shall:
(a) Update the real property master plan every five (5) years or more often, as appropriate;
(b) Submit the real property master plan to the Legislature annually;
(c) Serve as the repository for the real property master plans of all agencies; and
(d) Include the following in developing the statewide real property master plan:
(i) The overall real property plan for agencies;
(ii) Data collection and analysis from all agencies;
(iii) Construction and renovation goals and objectives for all agencies;
(iv) Possible alternatives to planned construction and renovation projects;
(v) Implementation of the statewide real property master plan; and
(vi) Management of the construction, renovation, and major maintenance programs and projects conducted pursuant to the statewide real property master plan, as well as annual reporting on ongoing programs and projects to the Commission and the Legislature.
Section 5. Agency-level master plans. Each occupant agency shall prepare an agency-level master plan, which includes the lifecycle cost analysis for each state-owned
building it occupies in consultation with Construction Management. Each agency-level master plan shall consider:
Section 6. Emergency construction and renovation projects. Upon a showing that an emergency exists requiring immediate attention, the Secretary may approve construction or renovation projects intended to remediate the emergency situation without Commission approval.
(a) After exercising this authority, the Secretary shall report to the Chairman on the construction, renovation, or major maintenance project carried out and the funds expended as soon as practicable, but in any event he or she shall make this report prior to the next public meeting of the Commission. The Secretary shall make a similar report to the Commission at the next public meeting.
Section 7. Management of construction, renovation, and major maintenance projects. Construction Management shall manage all construction, renovation, and major maintenance projects in accordance with nationally recognized standards for construction management. The scope of each individual construction project shall be managed in accordance with the terms of the agreement implementing the project.
Section 8. Needs assessments. In coordination with the occupant agency, Construction Management shall develop five-year (5-year) needs assessments specifying construction, renovation, and major maintenance needs and requests.
(a) Construction Management shall prioritize all statewide requests each year. Construction Management shall generate a list of construction, renovation, and major maintenance projects for the five (5) year period, including the current fiscal year. Construction Management, in consultation with General Services, shall include an evaluation of impacts that projects shall have on current or future leasing needs. Construction Management's evaluation shall include a review of leasing contract boilerplate language to be certain that any new leases signed require the property owner to pay for building repairs.
(b) On or before November 1st of each year and based upon the needs assessment, the Commission shall establish and prioritize construction, renovation, major maintenance, and leasing needs. It shall identify and prioritize potential projects to be studied and that may be included in the Wyoming public buildings construction program. The Commission shall prioritize construction, renovation, and major maintenance needs for the entirety of the five (5) year period covered in the most recent five (5) year needs assessment, including the current fiscal year.
(c) On or before November 1st of each year, the Commission shall provide needs assessments to members of the Legislature.
Section 9. Agency reporting of construction, renovation, and major maintenance needs. Annually, or more often as the need arises, each agency subject to the Commission's authority under W.S. § 9-5-107(e) and each community college district shall assess its building and facility systems. Assessments shall determine whether the agency or community college district needs for construction, renovation, or major maintenance projects for the purpose of addressing capacity issues or reducing the life cycle cost of a building the agency or community college occupies. Community college assessments shall only include buildings providing educational programs that comprise the statewide college system strategic plan. Buildings funded exclusively through community college generated revenues, such as student housing, student unions, and auxiliary service areas, are excluded from assessments. Each agency and community college shall submit its assessment to Construction Management for review.
Section 10. Standard contracts. Construction Management shall prepare templates for all construction, renovation, and major maintenance agreements and shall submit these templates to the Attorney General's Office for approval. Following approval by the Attorney
General's Office, Construction Management shall use these templates for all such agreements, and shall not deviate from these templates without approval from the Attorney General's Office.
Section 11. Major maintenance formula. The Commission shall compute major maintenance payments for community colleges according to the following formula: square feet per spatial category multiplied by the CRV multiplied by the percentage of the CRV necessary to maintain a building in at least fair condition equals the major maintenance total for that spatial category of square footage. The Commission shall add together the totals for each spatial category applicable to the entity for a total major maintenance request for the entity.
(a) Spatial categories. No agency shall employ more than seven applicable spatial categories. The Commission shall use the following spatial categories for calculating gross square footage per entity:
(b) Current Replacement Value (CRV). The Commission shall use the CRV figure as adjusted by the Economic Analysis Division of A&I.