Bill Summary – FastDemocracy

                                                             23LSO-0288
                               STATE OF WYOMING
                               HOUSE BILL NO. HB0158
     Bid rejection or denial for public works contracting.
     Sponsored by: Representative(s) Larsen, L
                                        A BILL
                                          for
 AN ACT relating to public works; amending requirements for
 letting contracts for public works;    requiring      a written
 response for procurement decisions as    specified;    making
 conforming amendments; and providing for an effective date.
 5
 Be It Enacted by the Legislature of the State of Wyoming:
 7
        Section    1.    W.S.    9-2-3006(e)(intro),         15-1-113(c)      and
 (f), 15-6-302(b), 16-6-119, 21-3-110(a)(viii), 24-1-132(f),
 24-2-108(a), 35-2-429(a), 35-2-715(a), 35-3-107, 37-7-128,
 41-7-412,    41-9-260      and    41-10-113(a)(xi)         are amended to
 read:
13
        9-2-3006.       Procurement for capital construction
 projects.
16
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                       STATE OF WYOMING                           23LSO-0288
        (e)   Each agency and the University of    Wyoming are
 authorized to      determine the qualifications and
 responsibilities of   bidders or   respondents for capital
 construction projects,     but subject to    W.S.    16-6-119(b)
 through (d). Each agency and the university shall reject
 any bid with improper or missing signatures or bids that
 lack legible numerical values.           Each agency and the
 university may:
 9
        15-1-113.       Contracts for public improvements.
11
        (c)   If the contract is    let for bid,    the contract
 shall be let to the lowest bidder who shall be determined
 qualified and responsible in the sole discretion of the
 governing body. The governing body may use alternate design
 and construction delivery methods as    defined under      W.S.
 16-6-701     if deemed appropriate.         The governing body may
 reject all bids or responses submitted if it finds that
 none of them would serve the public interest, subject to
 W.S. 16-6-119(b) through (d). For contracts in excess of
 five hundred thousand dollars ($500,000.00), cities, towns
 and joint powers boards may prequalify contractors who wish
 to submit bids or responses based on such criteria as the
                                          2                   HB0158
                        STATE OF WYOMING                              23LSO-0288
 project type and experience,           expertise,        professional
 qualifications, past performance, staff proposed, schedule
 proposed, financial strength, qualification of supervisors
 proposed to    be used,     technical solutions proposed or
 references.
 6
        (f)     In advertising for any bid,      the forms of
 guarantee required under this section and approved by the
 city, town or joint powers board shall be specified.                                  In
 addition, bidders shall be required to accompany each bid
 with a bid bond or if the bid is one hundred fifty thousand
 dollars       ($150,000.00)         or less,      any other form of     bid
 guarantee approved by the city, town or joint powers board,
 equal to    at least five percent     (5%)     of the total bid
 amount, with sufficient surety and payable to the city,
 town or    joint powers board.      The bid guarantee shall be
 forfeited as liquidated damages if the bidder, upon the
 letting of the contract to him, fails to enter into the
 contract within thirty (30) days after it is presented to
 him for that purpose or      fails to    proceed with the
 performance of the contract.                   The bid guarantee shall be
 retained by the city,    town or   joint powers board until
 proper bond or other form of security satisfactory to the
                                              3                   HB0158
                           STATE OF WYOMING                           23LSO-0288
 city, town or joint powers board to secure performance of
 the contract has been filed and approved.                                 The right to
 reject any bid is     reserved in    all bid advertisements,
 subject to W.S. 16-6-119(b) through (d).                           All bids shall be
 numbered consecutively before they are opened and no
 further bids may be received after the advertised time of
 opening bids and any bid is publicly opened.                                 The city,
 town or    joint powers board shall give all persons who
 desire an opportunity to inspect all bids when they are
 opened.       No bid may be considered unless accompanied by a
 bid guarantee in the required amount.
12
        15-6-302.         Call for bids;        contents;       procedure for
 awarding and executing contracts.
15
        (b)     The bids shall be opened by the governing body
 and the contract or    contracts shall be     awarded to    the
 bidder or bidders who in its opinion are the lowest and
 best responsible bidders. The governing body may reject any
 and all bids, subject to W.S. 16-6-119(b) through (d).
21
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                         STATE OF WYOMING                             23LSO-0288
        16-6-119.         Contracts for public works; right to reject
 bids or     responses;           qualifications of        bidders and
 respondents; written response required.
 4
        (a)      Every 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.
12
        (b)      A public entity that rejects a bid or response
 for    a public works contract or    denies     a bidder or
 respondent the opportunity to submit a bid or respond to a
 solicitation for a public works contract shall, within ten
 (10) business days of the rejection or denial, provide the
 bidder or     respondent       a written response describing the
 reasons for the rejection or denial. The written response
 shall describe the qualifications or responsibilities that
 the public entity determined differentiated the successful
 bidder or   respondent from the bidders or    respondents
 receiving the written response under this subsection.
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                             STATE OF WYOMING                           23LSO-0288
 1
        (c)     A public entity that lets a public works contract
 to     a bidder or     respondent that is     not the lowest
 responsible bidder or       a responsible certified resident
 making a bid not more than five percent (5%) higher than
 that of the lowest responsible nonresident bidder pursuant
 to W.S. 16-6-102(a) shall, within ten (10) business days of
 letting the contract, provide the lowest responsible bidder
 or respondent and any responsible certified resident making
 a bid not more than five percent (5%) higher than that of
 the lowest responsible nonresident bidder         a written
 response describing the reasons for the decision.
13
        (d)     A     written response provided to    a bidder or
 respondent under subsection         (b)   or   (c)    of this section
 shall not constitute an action by an agency that is subject
 to contested case proceedings under the Wyoming
 Administrative Procedure Act.
19
        21-3-110.        Duties of boards of trustees.
21
        (a)     The board of   trustees in   each school district
 shall:
                                                 6               HB0158
                                STATE OF WYOMING                             23LSO-0288
 1
                (viii)       Obtain competitive bids when any purchase
 of insurance, supplies or materials other than textbooks
 costing more than twenty-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. 9-2-3001(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
 contracts for capital construction projects shall be let
 in accordance with W.S. 9-2-3004 and 9-2-3006 except as
 provided in this paragraph.                        The district shall reserve the
 right to    reject any and all bids,     subject to     W.S.
 16-6-119(b) through (d), and to waive irregularities and
 informalities in         any bid,         as defined in      W.S.
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                          STATE OF WYOMING                          23LSO-0288
 9-2-3001(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.       A    district shall
 independently meet the requirements of this paragraph when
 procuring goods or       services that are subject to    this
 paragraph through       a board of    cooperative educational
 services.
11
        24-1-132.         Contracts for county, city and town bridge
 work; bids; exception.
14
        (f)    The board of county commissioners, or governing
 body of the city or town shall award any contract to the
 lowest responsible bidder.        The county commissioners or
 governing body reserves the right to   reject any bid,
 subject to    W.S.     16-6-119(b)        through     (d),     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
                                               8               HB0158
                     STATE OF WYOMING                   23LSO-0288
 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.
 9
        24-2-108.    Road and bridge construction; professional
 services procurement.
12
        (a)    All road and bridge construction work, any part
 of the cost of which is paid from the state highway fund,
 shall be    performed in   accordance with the plans and
 specifications prepared by the director of the department
 of transportation or the chief engineer and approved by the
 commission, and shall be performed by or under contracts
 awarded by the commission. The director with the assistance
 of the chief engineer shall have complete charge, including
 expenditures for roads now in existence, or in the future
 to be constructed, which are part of state highway systems
 which are located within or partially within the national
                                       9               HB0158
                          STATE OF WYOMING                               23LSO-0288
 forests' boundaries. All improvements costing more than two
 hundred seventy-five thousand dollars ($275,000.00) shall
 be constructed under contracts awarded after public notice
 to the lowest responsible bidder determined qualified by
 the transportation commission of Wyoming which is given the
 power to determine the qualifications and responsibilities
 of bidders.      The commission may reject any or   all bids,
 subject to W.S. 16-6-119(b) through (d), and readvertise
 for bids.       Improvements costing sixty thousand dollars
 ($60,000.00) or less may be constructed by the commission
 upon force account, with its own forces or under contract,
 as the commission shall determine.        A    state highway
 construction job to be completed within any calendar year
 period and to     cost more than sixty thousand dollars
 ($60,000.00)            shall not be        constructed by     department of
 transportation forces in sections or parcels so as to come
 within the sixty thousand dollars ($60,000.00) limitation.
 Contracts may be entered into with railroad companies for
 the construction of grade separation structures at actual
 cost under terms and conditions approved by the commission.
 Whenever an     emergency arises requiring immediate
 expenditure of     funds for the repair or    rebuilding of
 bridges, approaches to bridges and any roadway, when the
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                      STATE OF WYOMING                             23LSO-0288
 bridges, approaches to bridges or roadway are required to
 be rebuilt immediately and in such short time that in the
 judgment of the commission the people would be seriously
 inconvenienced in     waiting the regular period for
 advertising for bids,    the commission may enter into
 contract for any building or       rebuilding of     bridges,
 approaches or roadway without advertising for the letting
 of any contract, provided the amount of the contract shall
 not exceed one million dollars ($1,000,000.00) and provided
 the commission requests proposals from at least two (2)
 contractors capable of        performing the emergency
 construction or repair. The commission shall adopt general
 rules and regulations for the publication of    notice to
 bidders, the awarding of contracts, and for determining the
 qualifications and responsibilities of bidders.
16
        35-2-429.     Construction to be done by contract based
 on competitive bidding; alternate delivery methods.
19
        (a)    Except as provided under subsection (b) of this
 section and otherwise, the work of constructing the various
 buildings shall be done by contract based on competitive
 bidding.      Notice of call for bids shall be for such period
                                            11                HB0158
                         STATE OF WYOMING                  23LSO-0288
 of time and in such manner as the trustees may determine,
 and the trustees shall have the power to reject any and all
 bids,     subject to    W.S.    16-6-119(b)     through    (d),     and
 readvertise for bids as they consider proper.
 5
         35-2-715.    Construction to be done by contract based
 on competitive bidding; alternate delivery methods.
 8
         (a)   Except as provided under subsection (b) of this
 section and otherwise, the work of constructing the various
 buildings shall be done by contract based on competitive
 bidding.        Notice of call for bids shall be for the period
 of time and in a manner as the trustees may determine. The
 trustees shall have the power to reject any and all bids,
 subject to W.S. 16-6-119(b) through (d), and readvertise
 for bids as they consider proper.
17
        35-3-107.     Contracts.
19
 All contracts for work to be done, the expense of which is
 more than five hundred dollars     ($500.00),    may employ
 alternate design and construction delivery methods as
 defined in W.S. 16-6-701 and shall be let to the lowest
                                          12              HB0158
                       STATE OF WYOMING                        23LSO-0288
 responsible bidder, upon notice of not less than twenty
 (20) days of the terms and conditions of the contract to be
 let.    The board of trustees shall have power to reject any
 and all responses or   bids,   subject to    W.S.   16-6-119(b)
 through (d), and readvertise for the letting of such work.
 6
        37-7-128.      Construction to     be done by     lowest
 responsible bidder; advertisement for bids; applicability
 of section.
10
 In all cases where the work to be done at any one time
 under the directions of the commissioners will, in their
 opini