(a) There is created the state construction department.

(b) As used in this article:

(i) 'Agency' means any school district, state office, department, board, council, commission, separate operating agency, institution or other instrumentality or operating unit of the state excluding the University of Wyoming, the Wyoming business council and the Wyoming department of transportation. 'Agency' shall include a Wyoming community college if the

community college is conducting a capital construction project using state funds that requires approval by the community college commission or authorization by the legislature under W.S. 21-18-205(g);

(ii) 'Capital construction project' means new construction, demolition, renovation, capital renewal and major maintenance of or to property;

(iii) 'Competitive negotiation' means to negotiate for a contract through a request for proposals process or any other similar competitive selection process;

(iv) 'Department' means the state construction department;

(v) 'Informalities or irregularities in any bid' includes:

(A) Ambiguity as to any part of a bid;

(B) A missing unit bid price;

(C) An erasure or change in a unit bid price not initialed in ink by the bidder.

(vi) 'Principal representative' means the governing board of an agency or its designated representative or, if there is no governing board, the executive head of an agency. When applicable, 'principal representative' shall include the University of Wyoming board of trustees or its designated representative;

(vii) 'State procurement website' means a website that the department designates to host information and notices related to procurement under this article;

(viii) 'Capital renewal' means capital construction infrastructure upgrades and replacement projects to systems external to a building or facility that are necessary for the continued functionality of a building or facility. 'Capital renewal' includes projects that do not qualify as new construction and for which the costs exceed amounts typically appropriated or expended on major maintenance for a property such as water projects, sewer projects, electrical projects and other major infrastructure projects external to a building or

facility that impact the life, health and safety of occupants in a building or facility;

(ix) 'Major building and facility repair and replacement' and 'major maintenance' mean the repair, replacement or upgrade of complete or major portions of any component, equipment or system of a property at irregular intervals that is required to continue the use of the property at its designed capacity for its designed intended use and is typically accomplished by contractors due to the personnel demand to accomplish the work in a timely manner, the level of sophistication of the work or the need for warranted work. The terms include, but are not limited to, the following categories as hereafter defined:

(A) 'Code compliance' means the repair, replacement or upgrade of a component, equipment or system of a property that is mandated by law, regulation or code to continue the use of the property at its designed capacity for its designed intended use;

(B) 'Site improvements' means the repair, replacement or upgrade of a component, equipment or system of a site, including the repair, replacement or upgrade of any of the following:

1. (I) Sidewalks;
2. (II) Parking lots;
3. (III) Athletic tracks;
4. (IV) Playground features;
5. (V) Outdoor security features;
6. (VI) Landscaping;
7. (VII) Drainage systems;
8. (VIII) Campus roads or streets;

(IX) Components, equipment or systems similar to those specified in subdivisions (I) through (VIII) of this subparagraph.

(C) 'System improvements' means the repair, replacement or upgrade of a component, equipment or system of a building or facility, including any of the following:

(I) Structural systems;

(II) Fire protection systems;

(III) Indoor security features;

(IV) Electrical, lighting, plumbing, heating, ventilation or air conditioning systems;

(V) Roofs;

(VI) Windows and doors;

(VII) Conveyance systems, including elevators and escalators;

(VIII) Information technology systems;

(IX) Components, equipment or systems similar to those specified in subdivisions (I) through (VIII) of this subparagraph.

(x) 'Property' means a building, facility or site;

(xi) 'Renovation' means work done to restore property to a condition that is functional for its original or designed intended use and capacity, to modernize or adapt property to an approved new use and capacity or for the purpose of making it code compliant, including architectural and structural changes and the modernization of mechanical and electrical systems. 'Renovation' includes the repair, strengthening or restoration of major building systems or structures to a safe condition. 'Renovation' does not include work that consists primarily of routine maintenance, minor repairs and replacement due to normal use, wear and tear or deterioration;

(xii) 'Routine maintenance' means activities necessary to keep a property and the components, equipment and systems of a property in safe and good working order so that the property may be used at its original or designed capacity for its original or designed intended use. 'Routine maintenance' includes custodial, groundskeeping and maintenance tasks done on a routine basis by building personnel and specialized equipment

and building system maintenance that is accomplished on a routine basis by contractors.