Chapter 1

 

General Provisions

 

Section 1.Authority. These rules are promulgated by the Wyoming State Construction Department, herein referred to as the Department, in accordance with W.S. 9-2-3004(c)(ii) and 9-23-105(e).

 

Section 2.Definitions.

 

(a)In addition to the definitions provided in W.S. 9-2-3001, 9-23-102, 16-6-101, and 16-6-701, the following definitions are used in these rules:

 

(i)"Bid" means the submission made in response to an advertisement for bids, or an invitation to bid in a competitive or non-competitive negotiation. "Bid" does not include a proposal, as defined in these rules. Notwithstanding this definition, nothing in these rules shall be construed to imply that bids must be accepted or bidders are qualified by being included on a bidders list or receiving an invitation to bid.

 

(ii)"Bidder" means an entity that submits a bid in a competitive sealed bidding, competitive negotiation, or noncompetitive negotiation process. "Bidder" does not include a firm or proposer, as defined in these rules.

 

(iii)"Bid irregularity" means a defect in a bid or variation of a bid from the exact requirements of a bid advertisement or its addenda or bid documents. Irregularities include the items listed in W.S. 9-2-3001(b)(v) and, in addition, the failure of a bidder to:

 

(A)Return the number of copies of signed bids required by the invitation;

 

(B)Furnish required information such as copies licenses, bonds, or insurance certificates;

 

(C)Correct typographical or mathematical errors;

 

(D)Sign its bid;

 

(E)Acknowledge receipt of an addendum to an advertisement for bids,

 

(F)Submit a bid free of stipulations or conditions that are inconsistent with the exact requirements of the capital construction project as described in the bid advertisement, its addenda, or bid documents; or

 

(G)Obtain written approval from the procuring agency before submitting pricing for product substitutions.

(iv)"Bid security" means funds submitted as a guarantee that a bid will be maintained in full force and effect for a period of thirty (30) days after the opening of the bids or as specified.

 

(v)"Debarment" means the exclusion of a bidder or proposer from submitting bids or proposals or participating in a prequalification process as a result of egregious conduct or violation of the public trust, including but not limited to suspected or confirmed collusion, suspected or confirmed fraudulent billing, suspected or confirmed violation of conflict of interest laws, or conviction of a contract or antitrust crime. Debarments are issued along with required corrective action and are in place until corrective action is taken to the satisfaction of the Department.

 

(vi)"Department" means the Wyoming State Construction Department.

 

(vii)"Department Director" means the director of the Wyoming State Construction Department or the director's designee.

 

(viii)"Emergency situation" means a situation that creates a threat to public health, welfare, or safety such as may arise by reason of floods, epidemics, riots, equipment failures, or such other reason as may be identified by the procuring agency and approved by the Department Director or their designee. The existence of such situation creates an immediate and serious need for supplies, services, or construction that cannot be met through normal procurement methods and the lack of which would seriously threaten the:

 

(A)Functioning of state government, or its programs;

 

(B)Preservation or protection of property; or

 

(C)Health or safety of any person or persons.

 

(ix)"Firm" or "proposer" means an entity that submits a proposal.

 

(x)"Material" means tangible or movable personal property other than money, including articles of trade or items of merchandise, purchased as part of or for incorporation into a capital construction project.

 

(xi)"Payment and performance bond" means a bond that qualifies as both a payment bond and a performance bond under these rules.

 

(xii)"Payment bond" means a bond given by a surety to cover any amounts that, because of the general contractor's default, are not paid to a subcontractor or materials supplier.

 

(xiii)"Performance bond" means a bond given by a surety to ensure the timely performance of a contract upon the default of the general contractor.

(xiv)"Prebid meeting" means a meeting held prior to the closing of an advertisement for bids. Attendance at a prebid meeting may be mandatory or optional, and may include or exclude subcontractors, at the discretion of the procuring agency.

 

(xv)"Prequalification" means the verification that a potential bidder has met the minimum qualifications necessary to be successful in the performance of the project work.

 

(xvi)"Procuring agency" means an agency that is engaging in the procurement process outlined in these rules. For the procurement of professional services (Chapter 2 of these rules), a procuring agency shall be an "agency" as defined by W.S. 9-23-101(a)(v). For all other methods of procurement under these rules, a procuring agency shall be an "agency" as defined by W.S. 9-2-3002(b)(i). Per W.S. 9-2-3004(c)(ii), the University of Wyoming may adhere to the Department's standards, policies, and rules to the extent feasible, as determined by the University. If the University makes a determination that it shall adhere to these rules, it shall be considered a "procuring agency" to the extent outlined in its determination.

 

(xvii)"Proposal" means the submission made in response to a request for proposals. "Proposal" does not mean a bid, as defined in these rules. Notwithstanding this definition, nothing in these rules shall be construed to imply that proposals must be accepted, or proposers are qualified by being included on a prequalification list or receiving an invitation to submit a proposal.

 

(xviii)"Prototype agreement" means an agreement between a procuring agency and a bidder or proposer under which a prototype product will be or has been developed, and which may be reused on future projects.

 

(xix)"Responsible bidder" means a bidder that meets all the requirements of the bid advertisement and whom the procuring agency or Department has deemed qualified in its ability to perform the work requested.

 

(xx)"Retainage" means the percentage of what the procuring agency pays a contractor that is withheld until the construction has been substantially completed.

 

(xxi)"Revocation" means the retraction of a prequalification status previously granted to a bidder.

 

(xxii)"Service" means labor performed in the interest or under the direction of a procuring agency as part of a capital construction project.

 

(xxiii)"Suspension" means the temporary exclusion of a bidder or proposer from bidding or proposing on projects or participating in the prequalification process for a specified period of time due to unsatisfactory performance.