Transportation, Dept. of

General Agency, Board or Commission Rules

Chapter 18: Consulting & Special Services Agreements

Effective Date: 06/12/2001 to 07/20/2010

Rule Type: Superceded Rules & Regulations

Reference Number: 045.0003.18.06122001

Wyoming Department of Transportation

Consulting and Special Services Agreements

CHAPTER 18

Section 1. Authority.

W.S. 24-2-105 and W.S. 24-2-108 authorize the Transportation Commission of Wyoming to adopt general rules and regulations for engaging consultants to provide professional services to the Wyoming Department of Transportation (WYDOT).

Section 2. Purpose.

The purpose of these rules is to ensure that qualified consultants are obtained through equitable selection processes and that prescribed work is properly accomplished in a timely manner at fair and reasonable costs. These rules are also intended to ensure compliance with 23 CFR 172, Administration of Engineering and Design Related Services Contracts, and the audit requirements of W.S. 9-1-403.

Section 3. Definitions.

(a) “Consultant” means a vendor WYDOT contracts with to provide consulting services. (b) “Department” means the Wyoming Department of Transportation (WYDOT). (c) “Qualifications-based selection” means choosing a consultant by using criteria that consider the consultant’s ability to provide the required services. These criteria may include, but are not necessarily limited to, the following factors: (i) Experience of the firm in the work needed. (ii) Qualifications of the firm’s personnel. (iii) Previous performance by the firm on Department projects. (iv) Knowledge about the project. (v) Special product delivery requirements (such as computer hardware or software).

(vi) Workload with WYDOT and other clients (if known).

(vii) Location.

(viii) Disadvantaged Business Enterprise (DBE) participation (if available).

(d) “Selection Committee” means a group of at least three people appointed by the appropriate Department division administrator to recommend a consultant for a particular project.

Section 4. Need for Consultant.

WYDOT utilizes consultants to perform work supplementing Department forces or to provide services that WYDOT is not equipped or staffed to provide.

Section 5. Consultant Selection.

A consultant shall be selected for a particular project using qualifications-based procedures. For large projects, this process shall involve a selection committee evaluating several firms or individuals predetermined to meet the minimum qualifications. For small projects, the consultant may be selected less formally, though the qualifications-based decision shall be documented. Under the following circumstances, as determined by the director or chief engineer, a noncompetitive selection may be made:

(a) The service is available only from a single source;

(b) An emergency precludes conducting a qualifications-based selection; or

(c) After solicitation, the number of sources responding is found inadequate.

Section 6. Execution of the Agreement.

(a) Following negotiation of the scope of work, time limits, and fee issues, a written agreement for services shall be drafted. The attorney general shall review this agreement before it is executed. Throughout its course, the agreement may be amended by change orders or supplemental agreements.

(b) The Department is not obligated to execute an agreement with the consultant initially selected if the negotiation of terms is unsuccessful or if WYDOT decides not to use a consultant for the work.

(c) As defined by Department operating policies, incidental projects with small fees shall not require a formal agreement but may be procured through a purchase order process.

Section 7. Internal Processes.

Internal processes and procedures shall be defined by WYDOT operating policies.