Wyo. Code R. 045-0003-6
General Agency, Board or Commission Rules
Chapter 6: Pre-Qual Bddrs State Hwy Prjct
Effective Date: 08/08/1988 to 03/08/2000
Rule Type: Superceded Rules & Regulations
Reference Number: 045.0003.6.08081988
Wyoming Statute W.S. 24-2-108 authorizes the Wyoming State Highway Commission to “adopt general rules and regulations for the publication of notice to bidders, the awarding of contracts, and for determining the qualifications and responsibilities of bidders.”
The rules herein announced may be interpreted by the Commission and may be changed pursuant to the Wyoming Administrative Procedure Act as may be required.
Section 1. General Purposes. In order that the State may obtain the services of only well-qualified, experienced and financially secure contractors for the construction and reconstruction of state highways, the Wyoming State Highway Commission requires every contractor who wishes to undertake any state road project to be qualified. No contract shall be awarded to any bidder who has not qualified under these rules.
Section 2. Pre-qualification Statement. All persons proposing to bid on any Wyoming State Highway Department construction project must first submit a statement, under oath, on a questionnaire furnished by the Wyoming State Highway Department. Such statements shall fully indicate the applicant’s financial ability, the adequacy of his plant and equipment, organization and past experience, and include any pertinent information which may be necessary to accurately assess the contractor’s status.
All Financial Statements must be filed with the Wyoming Highway Department within six months of the date of the audit and may be submitted in the following ways:
(a) Unaudited Financial Statement, to include a review or compilation:
(i) The net worth of an unaudited Financial Statement, up to the maximum of $125,000.00, is used for determining the pre-qualification rating. The net worth in excess of $125,000.00 will not be considered in determining the pre-qualification rating. An unaudited Financial Statement must include the opinion and signature of a reputable Public Accountant who is not a member employee of the Contractor’s organization, or a relative of the owner or owners.
(b) Audited Financial Statement:
(ii) The net worth of the audited Financial Statement, regardless of amount, will be used in determining the pre-qualification rating. The audited Financial Statement must bear the signature of the Certified Public Accountant actually performing the financial audit, his opinion and his Certified Public Accountant’s Registration number.
The name of the firm as it appears on the Accountant’s Opinion will be used for pre-qualification and bidding purposes. Care must be taken in insuring that the Accountant shows the firm’s name properly in his opinion.
Section 3. Term of Pre-qualification. Pre-qualification will encompass a fifteen month period from the date of the audit. An additional ninety-day extension may be obtained if the contractor plans to revise his fiscal year. The extension will be considered upon receipt of a notarized affidavit from the contractor. Extensions of pre-qualification for any other reason will not be considered or granted.
Informal bids are advertised in newspapers or other publications in the locality of the proposed project. These informal bids are for amounts as determined by the Wyoming Highway Commission and may be accepted without pre-qualification requirements.
Section 4. Financial Worth, Assets, Liabilities and Proof of Residence. The applicant must show that he possesses net current assets or working capital to render it probable that he can satisfactorily execute his contracts and meet all obligations therein incurred. The applicant shall authorize the Wyoming State Highway Department to obtain all information pertinent to the applicant’s financial standing from financial institutions, surety companies, equipment dealers or suppliers, or any other persons having financial dealings with the contractor. The applicant shall authorize the aforementioned businesses or individuals to furnish the information requested. Evidence also shall be required of a foreign corporation’s authority to do business in Wyoming, and proof of residence for resident applicants.
Section 5. All Information Confidential. Pursuant to W.S. 16-4-203 (d) (v) pre-qualification information and ratings are considered confidential and may be released only by Court Order.
Section 6. Advance Submission of Pre-qualification Statement. Upon receipt of the questionnaire, the Highway Superintendent shall examine and verify the information submitted. The applicant from out-of-state and those pre-qualifying for the first time, should submit the questionnaire at least two weeks prior to bid lettings to allow adequate time for confirmation of information within their own state. In-state applicants who have been previously pre-qualified should submit questionnaires at least two days prior to bid lettings to insure sufficient time for processing and confirming information submitted in the pre-qualification questionnaire. Bids may not be considered if the pre-qualification questionnaire has not been submitted within the time limit indicated. A decision regarding the applicant’s residence determination, qualification and rating, including type of work classification will be made within ten (10) days after all information has been received. Notification will be made by mail.
Section 7. Appeals Procedure. Upon written notice from the contractor to the Pre-qualification Officer appealing a pre-qualification determination, an informal hearing will be held to review the appeal of the contractor. The appeal will be heard by the Pre-qualification Committee which is composed of the five (5) District Engineers, the State Construction and Maintenance Engineer and the Pre-qualification Officer. The hearing will be held within 30 days of receipt of the appeal. The contractor will be notified of the Pre-qualification Committee’s findings, within ten (10) days after the informal hearing. The Contractor, if not satisfied with the findings of the Pre-qualification Committee, may make a formal request to the Wyoming State Highway Department Executive Staff for a review of the Pre-qualification Committee findings. The Contractor may, if dissatisfied with the findings of the Executive Staff, make a formal request to the Wyoming State Highway Commission for a review of the Executive
Staff findings. The findings of fact of the State Highway Commission shall be deemed to be final, binding and conclusive, without further recourse.
Section 8. Previous and Present Job Performance. The applicant's previous and present job CONTRACTUAL performance will be evaluated in determining the qualification rating. Failure to complete projects on schedule may result in a reduction on the qualification rating or rejection of the applicant's questionnaire. Work satisfactorily completed will be credited to the contractor's pre-qualification to allow a maximum pre-qualification rating for bidding purposes.
Section 9. Pre-qualification Revocation. Following a review of the Contractor's pre-qualification, the Pre-qualification Committee may take action to revoke the pre-qualification if the contractor:
(a) Is declared in default while qualified in accordance with the applicable provision of any contract issued by the Wyoming Highway Commission (b) Has been determined to have made false, deceptive or fraudulent statements on the pre-qualification questionnaire. (c) Has been and is currently under debarment or restricted from bidding because of criminal acts or serious breach of contract by another governmental agency. (d) Has been disqualified for substantial reason by another governmental agency. (e) Has attempted to or has influenced Department policy through gratuities or gifts to Department personnel or through the employment of Department personnel. (f) Has, while qualified, demonstrated an inability to meet the requirements of the specifications and contract with the Department.
Section 10. Bidding Eligibility. The contractor requesting a Proposal Envelope will be required to submit a statement (Form E-103) indicating the total dollar value of all work under contract or subcontract, less that subcontracted out to a third party, currently remaining to be completed, regardless of who the contracting agency is; work remaining to be done will be subtracted from the contractor's maximum pre-qualification rating.
If all the criteria on the pre-qualification regulations are met, and if the proposed project will not exceed the pre-qualification by a significant amount, the Proposal Envelope will be issued if the contractor is pre-qualified for the type of work on the proposed project. The contractor will be considered to be eligible for a particular type of work, if that type of work comprises at least forty percent (40%) of the proposed project. This will not allow subcontracting of more than fifty percent (50%) of the project. A Joint Venture Proposal Envelope will be issued to pre-qualified contractors upon request. Form E-103 will be required for each of the firms in the joint venture prior to issuance of the Proposal Envelope.
Section 11. Worker's Compensation. After submission of project bids, but prior to award of bids, the applicant shall furnish satisfactory evidence of compliance with the Worker's Compensation Act, and that they are not in default or delinquent.
Section 12. Caveat. Nothing herein contained shall be construed to deprive the Wyoming State Highway Commission of the right to reject any bid, or to refuse to award a contract to the lowest bidder where circumstances or developments have, in the opinion of the Commission, changed the qualification or responsibility of the bidder.
Section 13. Pre-qualification Correspondence. Questionnaires, correspondence, questions regarding pre-qualification will be directed to the Pre-qualification Officer in the Construction and Maintenance Branch, Cheyenne, Wyoming.
Section 14. Qualification of Subcontractors. Before the Superintendent will allow any portion of a state road project to be subcontracted, he or his duly qualified representative must be satisfied as to the competence of the subcontractor to perform the work involved. The prime contractor as well as the proposed subcontractor will be required to furnish any information necessary to enable the Superintendent or his duly qualified representative to make such a determination. In any case, the prime contractor shall be responsible for the timely and orderly completion of the project.