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21LSO-0221
2021
STATE OF WYOMING
21LSO-0221
ENGROSSED
3.0
SENATE FILE NO. SF0006
Public works contracting requirements-amendments.
Sponsored by: Joint Judiciary Interim Committee
A BILL
for
AN ACT relating to public works; requiring the adoption of prequalification requirements; allowing the use of equivalent materials or equipment as specified; amending qualification requirements; prohibiting unbalanced unit bid prices; requiring rulemaking; making conforming amendments; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
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W.S. 9
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2
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3004(c) by creating a new paragraph (x), 9
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2
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3006(e)(intro), 15
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1
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113 by creating a new subsection (t), 16
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6
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107, 16
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6
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119, 16
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6
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120(a), 21
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3
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110(a)(viii), 24
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1
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132(f) and by creating a new subsection (h) and 41
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10
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113(a)(xi) are amended to read:
9
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2
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3004.
Duties of the department.
(c)
The department shall:
(x)
Adopt rules for the prequalification of bidders on contracts for public works as provided in W.S. 16
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6
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119(b), excluding those public works under the jurisdiction of the state transportation commission pursuant to W.S. 24
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2
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108(a) and those public works related to airports pursuant to W.S.
10
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3
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201(b).
9
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2
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3006.
Procurement for capital construction projects.
(e)
Except as otherwise provided in W.S. 16
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6
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119, e
ach agency and the University of Wyoming are authorized to determine the qualifications and responsibilities of bidders or respondents for capital construction projects but shall reject any bid with improper or missing signatures or bids that lack legible numerical values.
Except as otherwise provided in W.S. 16
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6
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119, e
ach agency and the university may:
15
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1
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113.
Contracts for public improvements.
(t)
The provisions of W.S. 16
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6
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119 that are applicable to this section and that conflict with the provisions of this section shall control over this section.
16
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6
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107.
Wyoming materials preference required in public works; exception; other materials requirements.
(a)
All public works in this state shall be constructed and maintained using materials produced or manufactured in Wyoming if Wyoming materials are suitable and can be furnished in marketable quantities. Preference shall not be granted for materials of an inferior quality to those offered by competitors outside of the state, but a differential of five percent (5%) shall be allowed in cost of materials produced or manufactured in Wyoming.
(b)
Each public entity shall specify performance standards for materials and equipment used in the construction of a public work.
The public entity may specify suggested individual brands or manufacturers, provided that similar materials or equipment that meet or
exceed specifications shall be accepted as a substitute unless:
(i)
The contracted project is for an existing public work;
(ii)
Substitution of materials or equipment is unworkable; and
(iii)
The specified materials and equipment to be procured are not furniture or movable equipment not available from a Wyoming resident supplier as provided in W.S. 16
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6
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1001(a)(ii)(A)(II).
16
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6
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119.
Contracts for public works; right to reject bids or responses; qualifications of bidders and respondents.
(a)
Except as otherwise specified in this section, e
very public entity shall be authorized to determine the qualifications and responsibilities of bidders or respondents on contracts for public works and may reject any or all bids or responses for which it solicits based on
the qualifications and responsibilities of bidders and respondents and readvertise for bids or responses.
A public entity that accepts a bid that is not the lowest bid from a responsible, qualified bidder for a public work shall make available to the public its rationale.
(b)
Except for specialty project requirements as determined by rule of a county, city or town, the state transportation commission or the state construction department, each public entity shall accept a bidder or respondent as prequalified for a contract for a public work if the bidder or respondent has been determined to be prequalified for the type of work pursuant to rules promulgated by a county, city or town pursuant to W.S. 24
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1
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132(h), the state transportation commission pursuant to W.S. 24
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2
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108(a) for road and bridge projects and W.S. 10
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3
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201(b) for airport projects or the state construction department pursuant to W.S. 9
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2
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3004(c)(x), whichever is applicable to the public work.
(c)
No public entity shall reject a bidder or respondent based solely on the financial strength of the bidder or respondent so long as the bidder or respondent
provides sufficient bid, payment or performance bonds through a surety company approved by the public entity.
(d)
No public entity shall accept a bid if it determines that any of the unit bid prices are significantly unbalanced to the potential detriment of the public entity. Successful bidders shall ensure that any schedule of values that is required to be submitted for the project contains similar cost values for similar work.
16
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6
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120.
Rulemaking; penalties; enforcement.
(a)
The department of workforce services shall promulgate rules and regulations as the department determines necessary or convenient to enforce this act
except no rules shall be promulgated under this section for the prequalification requirements in W.S. 16
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6
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119(b)
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21
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3
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110.
Duties of boards of trustees.
(a)
The board of trustees in each school district shall:
(viii)
Obtain competitive bids when any purchase of insurance, supplies or materials other than textbooks costing more than twenty
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five thousand dollars ($25,000.00) and less than fifty thousand dollars ($50,000.00) is contemplated unless precluded by other regulation or statute. If the amount of the purchase of insurance, supplies or materials other than textbooks is equal to or exceeds fifty thousand dollars ($50,000.00), a call for bids shall be published at least once in a newspaper of general circulation in the district and on the state procurement website, as defined in W.S. 9
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2
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3001(b)(vii). For any contract for a capital construction project with an estimated value in excess of fifty thousand dollars ($50,000.00), the board shall publish a call for bids in a newspaper of general circulation in the district at least once each week for two (2) consecutive weeks. All contract for capital construction projects shall be let in accordance with W.S. 9
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2
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3004 and 9
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2
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3006 except as provided in this paragraph.
Except as otherwise provided in W.S. 16
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6
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119, t
he district shall reserve the right to reject any and all bids and to waive irregularities and informalities in any bid, as defined in W.S. 9
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2
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3001(b)(v). No contract shall be divided for the
purpose of avoiding this paragraph. Items for which bids must be obtained may be described in the published call for bids by stating general requirements and making detailed specifications available to prospective bidders at the district's administrative headquarters;
24
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1
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132.
Contracts for county, city and town bridge work; bids; exception.
(f)
The board of county commissioners, or governing body of the city or town shall award any contract to the lowest responsible bidder.
Except as otherwise provided in W.S. 16
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6
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119, t
he county commissioners or governing body reserves the right to reject any bid and to waive irregularities and informalities in the bidding. No final payment upon any contract shall be made until the bridge is examined and approved by the professional engineer supervising the construction of the bridge and the payment is approved by the county commissioners or governing body of the city or town or their designees. Within ninety (90) days of the bridge being opened to traffic the board of county commissioners or governing body of the city or town shall notify and provide the design, plans, specifications
and load rating for the bridge to the chief engineer of the department of transportation so that the department may comply with national bridge inspection standards.
(h)
The board of county commissioners of every county and the governing body of every city or town shall adopt uniform rules for the prequalification of bidders on contracts for public works as provided in W.S. 16
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6
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119(b).
41
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10
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113.
Powers of district board.
(a)
For and on behalf of the district the board of any district shall have the following powers:
(xi)
Except as otherwise provided in this act, to enter into contracts and agreements affecting the affairs of the district, including but not limited to contracts with the United States of America and any of its agencies or instrumentalities, and contracts with any municipality or district for the operation of a common or jointly owned project. Any improvement or improvements of any nature made in any district where the entire cost, value or amount of such work including labor and materials
shall exceed thirty thousand dollars ($30,000.00), except such work done by employees of the district with supplies and materials purchased by it as hereinafter provided or except by labor or supplies and materials, or all of such, supplied under agreement with the United States of America, the state of Wyoming, or any federal or state agency, instrumentality or corporation, or other political subdivision, shall be done only under independent contract to be entered into by the district with the lowest responsible bidder submitting the lowest and best bid upon proper terms after due public notice by publication has been given asking for competitive bids. The district shall have the right to reject any and all bids and to waive any irregularity in any bid. Any contract may be let on a lump sum or unit basis. No contract shall be entered into for such work unless the contractor shall give an undertaking with a sufficient surety or sureties approved by the board and in an amount fixed by the board for the faithful performance of the contract. Upon default in the performance of any contract, the proper official may advertise and relet the remainder of the work without further resolution and deduct the cost from the original contract price and recover any excess cost by suit on the
original bond, or otherwise. The district shall have the power to make any improvement, or portion thereof, in any district, directly by the officers, agents and employees of the district, with supplies and materials purchased or otherwise acquired therefor. All supplies, materials, equipment, machinery and apparatus purchased by the board for any district (but not by a contractor) costing thirty thousand dollars ($30,000.00) or more shall be purchased only after notice by publication for competitive bids. The district shall accept the lowest bid, kind, quality and material being equal, but the district shall have the right to reject any and all bids, to waive any irregularity in any bid, and to select a single item from any bid. The provision as to bidding shall not apply to the purchase of patented and manufactured products offered for sale in a noncompetitive market or solely by a manufacturer's authorized dealer
. The provisions of W.S. 16
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6
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119 that apply to this paragraph and that conflict with the provisions of this paragraph shall control
;
Section 2.
Counties, cities, towns, the state transportation commission and the state construction
department shall adopt rules necessary to implement this act on or before July 1, 2021.
Section 3
.
(a)
Except as provided in subsection (b) of this section, this act is effective
July 1, 2021
.
(b)
Sections 2 and 3 of this act are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(END)
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SF0006