Chapter 6

 

Bidder Prequalification Procedures for Transportation Projects

 

Section 1. Authority. The Wyoming Department of Transportation (WYDOT) promulgates this chapter pursuant to W.S. 24-2-108, which authorizes the Transportation Commission of Wyoming (Commission) "to determine the qualifications and responsibilities of bidders." The Commission shall interpret the rules promulgated in this chapter and shall revise them pursuant to the Wyoming Administrative Procedure Act (W.S. 16-3-101, et. seq.) as required.

 

Section 2. General Purposes. The Commission requires that every contractor wishing to undertake any state road or building project prequalify before submitting a bid so that the state may obtain the services of only well-qualified, experienced, and financially secure contractors to construct or reconstruct state highway facilities, public roads, or Department-owned buildings. No contract shall be awarded to any bidder who has not prequalified under these rules and abided by them.

 

 Section 3. Informal Bids. 

 

 (a) Definition. "Informal Bids" means bids submitted without using the strict formalities of a traditional, public bidding process.

 

 (b) Amounts. The Commission shall determine the amounts for informal bids and may accept them without prequalification requirements.

 

 (c) Advertisement. Informal bids shall be advertised in newspapers or other publications in the proposed project's locality. Informal bids shall also be advertised electronically through the following, which shall indicate any special allowances for accepting bids, such as telephone, email, or written quotation responses:

 

https://www.dot.state.wy.us/home/business_with_wydot/contractors/contractor_bids.html

 

Section 4. Highway Contractor Prequalification.

 

(a) Department Questionnaire. All persons proposing to bid on any WYDOT construction project shall first submit a statement under oath on a questionnaire furnished by the Department. Such statements shall fully indicate the applicant's financial ability and the adequacy of its equipment, organization, and experience. The statements shall also include any pertinent information necessary to assess the applicant's status accurately.

 

(b) Worker's Compensation Compliance.  At the time of submitting for prequalification, applicants shall furnish satisfactory evidence of compliance with the Wyoming Worker's Compensation Act (W.S. 27-14-101, et seq.) by providing a current certificate of good standing or, if from out of state, proof of a worker's compensation insurance policy.

 

(c) Financial Statements. All financial statements shall be filed with WYDOT within fifteen (15) months of the end of the applicant's fiscal year and shall be submitted in one of the following ways:

 

(i) Unaudited financial statement, to include a review or compilation, which shall have the opinion and signature of a reputable public accountant who is neither an employee of the applicant's firm nor related to the owner or owners. The net worth from an unaudited financial statement, up to a maximum of $1 million, may be used for determining the prequalification amount.

 

(ii) Audited financial statement bearing the signature of the certified public accountant (CPA) who actually performed the financial audit and the CPA's opinion and registration number. The net worth from an audited financial statement, regardless of amount, may be used in determining the prequalification amount.

 

(d) Firm Name.  WYDOT shall use the name of the firm as it is registered with the Wyoming Secretary of State for prequalification and bidding purposes. The applicant, therefore, shall verify that the accountant shows the firm's name properly in the opinion.

 

Section 5. Highway Contractor Prequalification Term. 

 

(a) Prequalification Period.  Prequalification shall last for fifteen (15) months, which shall commence on the date of the applicant's fiscal year end.

 

(b) Extensions.  The applicant may obtain a ninety-day (90-day) extension, or another additional period approved by the prequalification officer if the applicant plans to revise its fiscal year. WYDOT shall consider the extension when it receives a notarized affidavit from the applicant. WYDOT retains the right to consider prequalification extensions at its sole discretion.

 

Section 6. Highway Contractor Financial Worth, Assets, Liabilities, and Proof of Residence.  Applicants shall show that they possess sufficient net current assets or working capital to render it probable they can satisfactorily execute their contracts and meet all contractual obligations incurred. The applicant shall authorize WYDOT 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 applicant. The applicant shall authorize the businesses or individuals described in this section to furnish the information requested.

 

Section 7. Highway Contractor Advance Submission of Prequalification Statement. 

 

(a) Review. After receiving the questionnaire, WYDOT shall examine and verify the information submitted. Applications may take up to two (2) weeks to review once WYDOT receives all required information.

 

(b) Notification. A decision regarding the applicant's prequalification amount, rating, and work classification shall be made after all information is received. The WYDOT prequalification officer shall notify applicants regarding their application status.

 

(c), Residency Eligibility Certification. The Wyoming Department of Employment's Labor Standards office shall certify the applicant's residency eligibility.

 

Section 8. Highway Contractor Appeals Procedure. 

 

(a) Notice of Appeal. When WYDOT receives written notice from an applicant appealing a prequalification determination, WYDOT shall hold an informal hearing to review the applicant's appeal. 

 

(b) Hearing. The prequalification committee—composed of the five (5) district engineers, the state construction engineer, and the prequalification officer—shall hear the appeal within thirty (30) days of receiving the appeal.

 

(c) Notice of Findings.  The applicant shall be notified of the prequalification committee's findings within ten (10) days after the informal hearing.

 

(d) Additional Reviews. If not satisfied with the prequalification committee's findings, the applicant has thirty (30) days to formally request that WYDOT executive staff review the prequalification committee's findings. The applicant, if dissatisfied with executive staff's findings, has thirty (30) days to formally request that the Commission review executive staff's findings. The Commission's findings of fact shall be deemed final, binding, and conclusive without further recourse.

 

Section 9. Highway Contractor Previous and Present Job Performance. WYDOT shall evaluate the applicant's previous and present job performance by using the Department's contractor performance evaluation system to determine the current prequalification rating. Work performed by subcontractors shall be reflected in the contractor's performance evaluation. 

 

Section 10. Highway Contractor Bidding Eligibility.

 

(a) Prequalification Amount Remaining Calculation. Applicants requesting an approval to bid shall complete a current work affidavit indicating the total dollar value of all work under contract or subcontract (regardless of whom the contract is with), less work subcontracted out to a third party, currently remaining to be completed. To determine the prequalification amount remaining, WYDOT shall subtract the incomplete project work from the applicant's maximum prequalification amount.

 

(b) Approval to Bid.  WYDOT shall issue an approval to bid to an applicant who meets all the prequalification criteria and prequalifies for the type of work involved if the proposed project does not significantly exceed the applicant's prequalification amount. The applicant shall be considered eligible for a particular type of work as long as the applicant commits its own workforce to perform at least 30 percent of the proposed work. Materials purchased for items to be subcontracted or placing other contractors' employees on the applicant's payroll shall not be considered as part of the 30 percent. This provision shall not allow subcontracting more than the percentage of the contract as established in the project contract. 

 

(c) Joint Venture Approval to Bid.  WYDOT shall issue a joint venture approval to bid to prequalified applicants upon request. WYDOT requires a completed current work affidavit from each firm in the joint venture before it issues the approval to bid. If the joint venture has one or more companies not registered in Wyoming, then the in-state preference shall not apply.

 

Section 11. Building Contractor Prequalification.

 

(a) Department Questionnaire.  All persons proposing to bid on any WYDOT building construction project shall first submit a Standard Building Contractor Prequalification Questionnaire for Bidders (Form PQ-5), which is furnished by WYDOT. This proof shall be submitted to WYDOT's agent no sooner than thirty (30) days nor less than five (5) days before the bid letting.

 

(b) Worker's Compensation Compliance.  At the time of submitting for prequalification, applicants shall furnish satisfactory evidence of compliance with the Wyoming Worker's Compensation Act (W.S. 27-104-101, et seq.) by providing a current certificate of good standing or, if out of state, proof of a worker's compensation insurance policy.

 

Section 12. Building Contractor Prequalification Term.  Prequalification shall be obtained each time for every project that the contractor plans to bid.

 

Section 13. All Information Confidential.  Pursuant to W.S. 16-4-203(d)(v), prequalification information and ratings are considered confidential and may be released only by court order.

 

Section 14. Prequalification Revocation.  Following a review of the applicant's prequalification, the prequalification committee may take action to revoke the prequalification if any of the following occurs:

 

(a) The applicant is declared in default while qualified in accordance with the applicable provision of any contract issued by the Commission;

 

(b) The applicant made false, deceptive, or fraudulent statements on the prequalification questionnaire;

 

(c) Another government agency debarred or restricted the applicant from bidding because of criminal acts or serious breach of contract, in the past, currently, or both;

 

(d) Another government agency disqualified the applicant for a substantial reason;

 

(e) The applicant attempted to or successfully influenced WYDOT policy through gratuities or gifts to personnel or by employing Department personnel; or

 

(f) The applicant, while qualified, demonstrated an inability to meet WYDOT requirements for specifications and contracts.

 

Section 15. Caveat. Nothing contained in this chapter shall be construed to deprive the Commission of the right to reject any bid or to refuse to award a contract to the lowest bidder when circumstances or developments have, in the Commission's opinion, changed the bidder's qualification or responsibility.

 

Section 16. Prequalification Correspondence. All questions and correspondence regarding highway contractor or building contractor prequalification shall be directed to:

 

Prequalification Officer, Construction Program

Wyoming Department of Transportation

5300 Bishop Blvd.

Cheyenne, WY 82009-3340