Wyo. Code R. 045-0003-8
General Agency, Board or Commission Rules
Chapter 8: Award & Execution of Contract
Effective Date: 12/17/2025 to Current
Rule Type: Current Rules & Regulations
Reference Number: 045.0003.8.12172025
Section 1. Authority and Purpose. The Wyoming Department of Transportation (WYDOT) promulgates these rules as required by W.S. 24-1-108 to govern the WYDOT contract awarding process.
(a) Bid Review. After the bids are opened and read, they shall be compared based on the summation of the approximate quantities shown in the bid schedule multiplied by the unit bid prices. The results of such comparisons shall be immediately available to the public. If a discrepancy exists between the unit bid price and extensions, the unit bid price shall govern.
(b) Commission Discretion. The Transportation Commission of Wyoming (Commission) reserves the right to reject any and all bids and to waive technicalities when the Commission determines this outcome is in the best interest of the State of Wyoming.
Section 3. Award of Contract. When the Commission awards any contract, the award shall be made within thirty (30) calendar days, unless otherwise noted in the proposal, to the lowest responsible and qualified bidder whose bid complies with all the prescribed requirements. WYDOT shall notify the successful bidder by email or by another agreed-upon delivery method that the bid has been accepted and that the bidder has been awarded the contract.
Section 4. Cancellation of Award. The Commission reserves the right to cancel the award of any contract at any time before the execution of said contract by all parties without liability against WYDOT.
Section 5. Return of Bid Guaranty. WYDOT shall immediately return all bid guaranties except for the lowest bidder's after the bids are opened and checked. The lowest bidder's guaranty shall be retained until a performance bond is secured and furnished to WYDOT. If the low bidder rejects the contract, the second low bidder shall have the option of accepting it, upon presentation of a proper bid security in the amount specified or by immediately executing the contract and furnishing a proper performance bond.
Section 6. Requirements of Performance Bond. At the time of contract execution, the successful bidder shall furnish a surety bond or bonds in a sum equal to the full contract amount. The bonds shall be on a form acceptable to WYDOT.
Section 7. Execution and Approval of Contract. The successful bidder shall sign and return the contact, together with the contract bond, within thirty (30) days after WYDOT returns the contract to the bidder. If WYDOT does not execute and approve the contract within twenty (20) days after receiving the signed contracts and bonds, the bidder shall have the right to withdraw the bid without penalty. No contract shall be considered effective until it has been fully
executed by all the parties.
Section 8. Failure to Execute Contract. If the successful bidder fails to execute the contract and file acceptable bonds within thirty (30) days after the contract is provided to the bidder, WYDOT shall have justification to cancel the award. The bid guaranty shall become WYDOT’s property not as a penalty but in liquidation of damages sustained. Award may then be made to the next lowest responsible bidder, or the work may be re-advertised and constructed under contract or otherwise as WYDOT may decide.
Section 9. Special Bonds and Insurance. When the work to be undertaken in any project requires a special bond or special insurance, WYDOT shall attach the special requirements and information to the proposal form.
Section 10. Worker’s Compensation. The contractor shall subscribe to and pay premiums into the Wyoming Worker’s Compensation Fund and as otherwise provided by law for the protection of all the contractor’s employees. WYDOT shall not award a contract to any contractor who fails to provide worker’s compensation benefits to its employees in Wyoming.