Wyo. Code R. 027 | Wyoming Administrative Rules 027 — State Construction Department

394 School Facilities Commission

Chapter 1 General Provisions

Wyo. Code R. 027.0002.1.05092024 § 1 Authority

This Chapter is promulgated pursuant to Wyoming Statute 21-15-114(a)(xv).

History

Effective 2024-05-09

Wyo. Code R. 027.0002.1.05092024 § 2 Definitions

As used in these rules and all project agreements entered into by the Department:

(a) "Adequate" means a building, room, or other educational space is both sufficient and appropriate, as those terms are defined in this section.

(b) "Anticipated Hard Bid" means the funding limit of the total amount of proposals or bids to achieve capital construction work or the Work, on and off-site, unless identified otherwise in the budget worksheet including prime bids, multiple prime bids, allowances, alternates and other costs of the Work.

(c) "Appropriate" means a building, room, or other educational space that has the necessary infrastructure, storage, fixtures, and critical adjacencies to be compatible with the delivery of the required educational program.

(d) "Bidding Contingency" means the funding amount identified by the Owner and design professionals within the Anticipated Hard Bid to accommodate market variances or estimating errors.

(e) "Budget Worksheet" means the total funding structure of State Funds for a School Facilities Division capital construction project. The worksheet represents all project funds available through the State Construction Department for a project.

(f) "Closed" means any educational building or facility that is not currently being used and is capable of being reopened.

(g) "Cohort Survival Calculation" means the rate of progression for each grade (K through 11) to the next grade (1 through 12) using the ten-year average for each grade progression.

(h) "Component Level Recommendations" means recommendations by the Commission to implement remedies to address educational building and facility condition by repairing or replacing components when it is determined by the Commission that it is not feasible for districts to do so solely with major maintenance funds.

(i) "Construction Contingency" means funding identified to address unanticipated or unknown costs identified subsequent to the proposal or bidding process to achieve the Work. Construction Contingency is not a bidding contingency.

(j) "Contractor" means any person who is a party to a contract with the Commission or a district to accomplish the Work of any Commission approved remedy.

(k) "Critical adjacency" refers to an educational, administrative, educational support, or facility support space within an educational building that must be located near another space in order to be functional as intended.

(l) "Department" means the State Construction Department.

(m) "Design Charrette" means an interactive and collaborative process where participants (school district, architects and others) work in a focused and sustained effort to develop the basis for a feasible building design that meets the educational, budgetary and schedule goals for the project.

(n) "Design Contingency" means funding identified to address unanticipated costs associated with services provided by design professionals.

(o) "Design Professional" means the architect or other professional contracted with the district to design a remedy.

(p) "District" means any school district established pursuant to the laws of Wyoming excluding community colleges and community college districts.

(q) "District-initiated" refers to any renovation, construction, replacement, repair or other improvement of or to any school building or facility that is not a State-initiated remedy or major maintenance included in the district's facility plan. This includes, but is not limited to, a district's decision to include in a State-initiated remedy any design features or components contrary to the recommendations of value engineering performed in accordance with the Commission's Facility Design Standards and Guidelines unless waived by the Department or excepted by the Commission in accordance with Chapter 1 Section 10 of these Rules, in excess of the Commission's Facility Design Standards and Guidelines unless excepted by the Commission in accordance with Chapter 1 Section 10 of these Rules, or that add square footage in excess of Square Footage Calculator whether through construction, renovation, or acquisition of additional square footage.

(r) "District-initiated element" means any component, design feature, or square footage that is district-initiated and occurs in conjunction with a State-initiated remedy.

(s) "District-initiated project" means any project that is district-initiated and occurs independent of a legislative appropriation or Commission funding.

(t) "Educational specifications or "Ed-specs" means those specifications used to define the programmatic, educational and functional goals of the educational facility.

(u) "Elementary school" means any school with a grade configuration of kindergarten through sixth grade, or any combination thereof.

(v) "Facility Condition Assessment" (FCA) means the systematic process of collecting measured data, or making observations relative to the physical condition of a building or facility or one or more of its components or group(s) of components and recording the results.

(w) "Facility Condition Index" (FCI) means a numerical rating or building condition score based on measured data or assessment of physical components or systems. The condition of a building is expressed as a ratio of the Cost to Repair Deficiencies, or "Deferred

Maintenance" (DM) divided by the Current Replacement Value (CRV) of the building. The formula is:

(x) "High school" means any school with a grade configuration of ninth or tenth grade through twelfth grade.

(y) "Informal Review" means the opportunity afforded a school district under W.S. 21-15-116(f) to consult with the Department regarding an action of the Department prior to filing a request for a contested case proceeding before the Commission.

(z) "Kick-off Meeting" means a meeting(s) between personnel of the Department and personnel of the district, in addition to such other persons as may be necessary to accomplish project planning.

(aa) "Leased Facilities" means any land, building or equipment or other capital asset that has been leased by or to a district.

(bb) "Major Maintenance" is a common reference term that means "Major building and facility repair and replacement" as that term is defined in W.S. § 21-15-109(a)(iii).

(cc) "Middle school" means any stand-alone school or campus with any grade configuration that includes both seventh and eighth grade, but does not include the full range of grades down to kindergarten or up to twelfth grade. Districts may use an alternative descriptor such as "junior high school."

(dd) "Most Cost Effective Remedy" means the most cost effective method of remediation as that phrase is used in W.S. 21-15-117(b).

(ee) "Mothballed building or facility" is any district building or facility which is closed and not operational, has the potential to be re-opened, is not being replaced under a district's facility plan approved by the Commission, is not determined surplus within the district's facility plan, and is maintained in good condition, for a maximum of three (3) years without additional approval from the Commission. Mothball status can be renewed by Commission approval after the initial three (3) years.

(ff) "Nonstudent-related buildings and facilities" means any building or facility that is

either an "office building" or a "warehouse building," as those terms are defined in W.S. 21-15-109(a)(iv) and (a)(viii).

(gg) "Payable-Leased Facilities" are those facilities which are used by the district to provide the approved educational programs as prescribed by W.S. 21-15-109(c)(i)(B). These facilities shall be included in the district's gross square footage totals.

(hh) "Permanent Modular Building" means a pre-built, factory constructed and assembled educational building or facility that is transported in an assembled condition to the location on which the building or facility is to be situated that is placed on a permanent foundation, and that is expected to be used by the district for its designed lifetime.

(ii) "Primarily used" means more than fifty percent (50%) of a school building or facility is used in connection with educational programs, district administrative functions, or storage of equipment, materials, and other district property.

(jj) "Project Audit" means a contract compliance audit by an independent auditing expertise of project budgets and expenditures undertaken in accordance with W.S. 21-15-123(f)(v)(J).

(kk) "Project budget" means the amount of legislative funding allocated to a specific remedy. The project budget for any specific remedy shall be an amount determined by the Commission to be sufficient to fund the total project cost of the remedy. Funds allocated to a specific remedy remain State funds and are not an entitlement of any district.

(ll) "Rural school" means a school located outside the main metropolitan area in which the district is located and from which the district does not bus students into the metropolitan area for core instruction.

(mm) "Separate Account" means an individual account held by the district for depositing and expending major building and facility repair funds. These funds shall not be co-mingled with any other funds or accounts.

(nn) "State-initiated remedy" means any renovation, construction, replacement, repair, or other improvement of or to any school building or facility initiated by the legislature through an appropriation or the Commission through a funding decision, including major building and facility repair and replacement undertaken pursuant to a district's facility plan. The elements and features of a state-initiated remedy are limited to those provided in the Commission's Facility Design Standards and Guidelines, and the addition of any element or feature not included in those guidelines is not considered state-initiated.

(oo) "Sufficient" means that a building, room, or other educational space is of such a size that it has enough space to enable delivery of the required educational program.

(pp) "Surplus building" means a building that is not within the commission's adequacy standards due to a renovation, construction, replacement, repair, or other improvement of or to any

school building or facility initiated by a school district, an approved construction or renovation project, or by changes in school population.

(qq) "Temporary building" and "modular building" are defined interchangeably with "portable building" as that term is defined in W.S. 21-15-109(a)(v).

(rr) "Total project cost" means all project costs, including but not limited to: land acquisition, site preparation, design, construction, contingencies, FF&E, special studies (e.g. traffic, lighting), surveys, environmental assessments, geotechnical investigations, demolition, commissioning, owner's representative fees, testing and inspections, plan review, and building permit/occupancy fees.

(ss) "Uniform Adequacy Standards" means those standards approved by the Commission in accordance with W.S. § 21-15-115(a) for the adequacy of school buildings and facilities necessary for providing educational programs prescribed by law for the public schools.

(tt) "Work" means the achievement of the work of a project including equipment, material and labor specified in a construction agreement.

History

Effective 2024-05-09

Wyo. Code R. 027.0002.1.05092024 § 3 Chair

(a) The Chair shall preside at all meetings of the Commission. The Chair shall appoint all committees and perform such duties as the statute, rule or the Commission specifies.

(b) In the absence of the Chair at any meeting of the Commission, the Vice-Chair shall serve as Acting Chair of the meeting. If both the Chair and Vice-Chair are absent or otherwise unable to preside over the meeting or perform a specified duty, the Chair shall designate a commissioner to serve as Acting Chair for the meeting or task.

History

Effective 2024-05-09

Wyo. Code R. 027.0002.1.05092024 § 4 Secretary; Minutes; Books and Records

(a) The Administrator of the School Facilities Division shall function as Secretary to the Commission, and the Department shall administratively implement the Commission's rules. The Secretary for the Commission shall conduct and care for all the correspondence of the Commission and keep and maintain the minutes of all the meetings of the Commission and the books and records of the Commission. The Secretary shall provide notice of the time and place of all meetings of the Commission, including an agenda of items to be discussed, to each Commissioner.

(b) All orders and final decisions of the Commission, the minutes of all its sessions, meetings and proceedings, and the Commission's rules shall be kept by the Secretary for permanent public record and shall be open for public inspection at the office of the Department, listed on the Department's website. The Secretary may certify to the correctness of any copies of such documents.

History

Effective 2024-05-09

Wyo. Code R. 027.0002.1.05092024 § 5 Meetings

(a) The Commission shall meet at least quarterly and at other times as necessary to transact its business.

(i) The Commission shall adopt by resolution a regular meeting schedule for

each year.

(ii) When necessary, the Secretary may, in consultation with the Chairman, cancel regular meetings by providing individual notice to each Commissioner and providing public notice in accordance with W.S. § 16-4-404.

(iii) The Commission may call special meetings as necessary, in accordance with W.S. § 16-4-404(b).

(b) Meetings and hearings shall be separate functions.

History

Effective 2024-05-09

Wyo. Code R. 027.0002.1.05092024 § 6 Order of Business; Agendas

(a) An agenda shall be prepared by the Secretary and approved by the Chair. The agenda shall set forth the matters scheduled to come before the Commission at the meeting and indicate for each matter whether it requires action to be taken by the Commission at the meeting. Before each meeting of the Commission, the Secretary shall circulate to all Commissioners the agenda so prepared by the Secretary and approved by the Chair.

(b) Any Commission member may direct the Secretary to include an agenda item for the Commission's consideration.

(c) Other than for purposes of public comment, persons desiring to have a matter brought before the Commission shall make their requests through the Department. Department staff shall work with the Secretary and the persons making the request to determine how and when it is appropriate that the matter be presented to the Commission. The Secretary shall consult with the chairman of the Commission when making this determination.

History

Effective 2024-05-09

Wyo. Code R. 027.0002.1.05092024 § 7 Recusal

(a) A Commissioner shall recuse himself from all proceedings relating to a matter if he or she has a personal or private interest in the matter. The Commissioner shall recuse him or herself by serving a written or verbal notice of recusal upon the Chair, who shall notify all other Commissioners and any parties involved in the matter. On and after the date of recusal, the recused Commissioner shall not participate in any deliberations, decisions or other actions of the Commission relating to the matter.

(b) A recused Commissioner may attend hearings and other proceedings related to a recused matter as a member of the public. The Commissioner may also attend any Commission meeting at which topics relating to the matter arise and participate in the deliberations, decisions and other actions of the Commission on topics unrelated to the matter upon which recusal has occurred.

History

Effective 2024-05-09

Wyo. Code R. 027.0002.1.05092024 § 8 Signing of Contracts

Contracts, agreements, memoranda of understandings and other documents of the Commission may be signed by the Chair, or by a designee of the chair. The Secretary shall sign only those contracts, agreements, memoranda of understanding or other documents of the Commission for which the Commission has delegated its authority to the Secretary. The Secretary may further designate a member of the staff to sign on his or her behalf.

History

Effective 2024-05-09

Wyo. Code R. 027.0002.1.05092024 § 9 Public Records Practices

(a) All requests for public records from the Commission shall be in writing and processed according to this Section. For purposes of the Wyoming Public Records Act, the Secretary is the custodian of all public records of the Commission.

(b) The Commission incorporates by reference the following uniform rule:

(i) Chapter 2 - Uniform Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records, adopted by the Department of Administration and Information and effective on September 6, 2016, found at: https//rules.wyo.gov;

(ii) The Commission has determined that incorporation of the full text in this rule would be cumbersome or inefficient given the length or nature of the rule;

(iii) The incorporation by reference does not include any later amendments or edition of the incorporated matter beyond the applicable date identified in subsection (b)(i); and

(iv) The incorporated rule is maintained at the Department's Cheyenne office and is available for public inspection and copying at cost at the same location.

History

Effective 2024-05-09

Chapter 2 Rules of Practice and Procedure for Contested Case Proceedings; Exception Requests

Wyo. Code R. 027.0002.2.05092024 § 1 Authority

This Chapter is promulgated by the Commission under the authority of Wyoming Statutes 16-3-102(a)(i), 16-3-102(d), 21-15-114(a)(xv), 21-15-116(e) and 21-15-116(f).

History

Effective 2024-05-09

Wyo. Code R. 027.0002.2.05092024 § 2 Application of Rules

This Chapter shall apply to district requests for exceptions from the Commission, contested case proceedings brought before the Commission, and informal reviews authorized by Wyoming Statutes and these Rules that are brought before the Department by a district.

History

Effective 2024-05-09

Wyo. Code R. 027.0002.2.05092024 § 3 Exception Requests

(a) The Commission may grant exceptions on a case-by-case basis to the following:

(i) Building capacity based on a most cost effective remedy study;

(ii) Budget recommendations;

(iii) Allowable square footage calculator;

(iv) A determination of the Department rejecting a request to use a non-Commission-approved contract as described in Chapter 9 Section 7(a)(ii);

(v) A determination of the Department rejecting a request for a value engineering waiver as described in Chapter 9 Section 8(a)(i);

(vi) Specific requirements of the Design Standards and Guidelines; and

(vii) A building's CRV, for use in the calculation of its FCI. Upon request of a district, the Commission may direct the Department to calculate a building's CRV using the maximum allowable square footage based on the higher of the District's current or eight-year projected enrollment.

(b) A district making an exception request shall include documentation explaining the exception request. Such documentation should include, at a minimum:

(i) The precise nature of the exception requested;

(ii) The justification for the exception request; and

(iii) Necessary supporting documentation as identified by the Department.

(c) The Department shall create a thorough written record supporting the granting or denial of every exception request. Exception requests shall be initially presented to the Department for its review. The Department shall then present the request to the Commission with a recommendation at the next meeting for which the submission of additional Commission matters is timely.

(d) The Commission shall at a minimum consider the reasons why the exception is being requested, the nature of the request, any cost implications of the request, whether granting the request comports with the Commission's statutory duties and authority, and whether alternative means exist to accomplish the purposes of the request.

History

Effective 2024-05-09

Wyo. Code R. 027.0002.2.05092024 § 4 Informal Review Proceedings

(a) When challenging a decision of the Department, or a most cost-effective remedy recommendation as set forth in Chapter 8 § 5 of these Rules, Districts shall request an informal review before the Department Director before pursuing a contested case proceeding. Challenges to the Department's recommended most cost-effective remedy shall be in accordance with this Section of this Chapter and Chapter 8 § 5.

(b) A district requesting an informal review shall do so, in writing, to the Director of the Department within thirty (30) days of the date of the administrative decision at issue. The request shall contain:

(i) The decision of the Department the district would like reviewed;

(ii) An explanation of why the decision should be reviewed;

(iii) Any additional facts the district would like to be considered; and

(iv) The legal authority upon which it is believed a decision was made in error.

(c) The Department may reject any request that lacks any of the required elements listed under Subsection (b) of this Section. Such rejection does not constitute a final administrative decision of the Department and is not a prejudicial decision with respect to the district's right to re-file its request for informal review.

(d) Within a reasonable time, the Director shall issue a written decision, in consultation with the Department's advising attorneys, laying forth the factual and legal basis for his or her decision.

(e) If, following the Department's review, the district is still unsatisfied with the actions of the Department, it may file a request for a contested case proceeding before the Commission, except in the case of a recommended most cost-effective remedy.

History

Effective 2024-05-09

Wyo. Code R. 027.0002.2.05092024 § 5 Contested Case Proceedings

(a) Applicability. This Section shall apply to requests for a contested case proceeding as provided in § 4(e) of this Chapter. This Section shall not apply to challenges to the Department's recommended most cost-effective remedy, which shall be conducted in accordance with Chapter 8 § 5.

(b) A district aggrieved by a final administrative action taken by the Department after an informal review conducted under Section 4 of this chapter may file a request for a contested case proceeding within forty-five (45) days of the date of the final administrative decision at issue, or of the date of mailing of the final administrative decision as evidenced by a postmark, whichever is later. The request shall be in accordance with the provisions contained in this Section.

(c) To initiate a contested case proceeding, a district shall prepare and file with the Commission a request which includes the following:

(i) The name, telephone number, email, and mailing address of the district and the same information for the representing attorney, if applicable;

(ii) A statement, in ordinary and concise language, of the facts and of the errors alleged to have been committed and issues upon which the request is based, including particular references to statutory sections, contract provisions or rules, regulations, policies, and orders involved;

(iii) A copy of the Director's decision and relevant material which relates to the decision at issue;

(iv) The specific relief sought; and

(v) The signature of the district and the representing attorney, if applicable.

(d) The request shall be served on the Commission and other necessary parties. Service shall be made to the Wyoming School Facilities Commission, care of the Department, at the location listed on the Department's website. Service can be made in person, by mail, received by facsimile, 307-777-8711, or email at scd@wyo.gov during regular business hours. Any facsimile or email received after regular business hours will be treated as received during the regular business hours of the next working day.

(e) Contested case proceedings before the Commission shall be limited to the issues the district identified during the Department's informal review.

(f) The Commission shall issue its written decision within a reasonable time.

History

Effective 2024-05-09

Wyo. Code R. 027.0002.2.05092024 § 6 Incorporation by Reference

. The Commission incorporates by reference the following uniform rule:

(a) Chapter 2 - Contested Case Proceedings adopted by the Office of Administrative Hearings and effective on July 20, 2017, found at https://rules.wyo.gov;

(i) The Commission has determined that incorporation of the full text in this rule would be cumbersome or inefficient given the length or nature of the rule;

(ii) The incorporation by reference does not include any later amendments or edition of the incorporated matter beyond the applicable date identified in subsection (a) of this section; and

(iii) The incorporated rule is maintained at the Department office and is available for public inspection and copying at cost at the same location.

History

Effective 2024-05-09

Wyo. Code R. 027.0002.2.05092024 § 7 Final Decision

At the request of the Commission, the hearing officer shall make a recommended decision to the Commission. The Commission shall issue the final decision, which shall constitute final agency action.

History

Effective 2024-05-09

Chapter 3 Uniform Adequacy Standards

Wyo. Code R. 027.0002.3.05092024 § 1 Authority

This Chapter is promulgated pursuant to Wyoming Statutes 21-15-114(a)(xv), (ix) and 21-15-115.

History

Effective 2024-05-09

Wyo. Code R. 027.0002.3.05092024 § 2 Applicability

This Chapter applies to all buildings and facilities subject to the Commission's rules and regulations. The Wyoming statewide adequacy standards establish uniform statewide standards for the adequacy of school buildings and facilities necessary for providing educational programs prescribed by law for the public schools.

History

Effective 2024-05-09

Wyo. Code R. 027.0002.3.05092024 § 3 Safety of the Educational Environment

School buildings shall be in compliance with federal, state and local building and fire codes and laws that are applicable to the particular building. Code compliance includes the completion of system improvements or site improvements that are mandated in writing by an authority having jurisdiction for the continued use of a school building or facility. School buildings shall comply with all lawful environmental regulations promulgated by the Wyoming Department of Environmental Quality, the Wyoming Environmental Quality Council, the federal Environmental Protection Agency, and any other governmental entity with jurisdiction over the building. An existing school building may be deemed adequate with respect to this provision if it complies with the International Existing Building Code.

History

Effective 2024-05-09

Wyo. Code R. 027.0002.3.05092024 § 4 Building Site Requirements

(a) Size requirements. For schools that intend to organize and operate more than one of the following school types on a single site, the higher of the site sizes serves as the applicable requirement. Sites larger than those in the following requirements are permissible but exceed these adequacy standards. If an alternative school shares a site with another school, the alternative school students shall contribute toward the site size calculation for the combined school site.

(i) For elementary schools, an adequate site size is up to four (4) acres, plus an additional acre for each one hundred (100) students.

(ii) For middle schools, an adequate site size is up to ten (10) acres, plus an additional acre for each one hundred (100) students.

(iii) For senior high schools, an adequate site size is up to twenty (20) acres, plus an additional acre for each one hundred (100) students.

(b) Many schools pre-date the Commission's authority to promulgate adequacy standards. Existing school sites smaller than the minimum size sites in subsection (a) of this section that pre-date the original adoption of these standards are deemed adequate with respect to this subsection unless the Commission determines otherwise.

(i) Have play areas that are relatively flat and level;

(ii) Have a playground(s) for grades K-6 accessible to students;

(iii) Have access to parking for staff, students, and visitors that enables the school to deliver the required statewide educational program;

(iv) Have separate areas for bus loading and unloading and student pickup and dropoff;

(v) Be accessible to emergency vehicles;

(vi) Have positive water drainage away from the building such that runoff does not undermine the structural integrity of the school buildings located on the site or create flooding, ponding or erosion resulting in a threat to health, safety or welfare; and

(vii) Have exterior lighting at entrance(s), parking area(s), bus loading and unloading area(s), and student pickup and dropoff area(s).

History

Effective 2024-05-09

Wyo. Code R. 027.0002.3.05092024 § 5 Building Performance Standards

A building shall:

(a) Have an FCI score between 0.0 and 0.60;

(b) Have exterior finishes that repel wind, snow, ice, and water intrusion;

(d) Be structurally sound. A school building shall be considered structurally sound and safe if the building presents no imminent danger or major visible signs of decay or distress;

(e) Be deemed adequate with respect to this subsection if the building systems are capable of maintaining an acceptable level of room comfort as determined by the Classroom Temperature Psychometric Chart adopted by the Commission and effective on August 27, 2020; and

(f) Utilize one (1) or more of the following energy efficiency features:

(i) Energy-efficient lighting;

(ii) Light level control;

(iii) Occupancy sensors;

(iv) Multiple pane windows; and

(v) HVAC setback control.

History

Effective 2024-05-09

Wyo. Code R. 027.0002.3.05092024 § 6 Special Needs Students

School buildings and facilities shall be deemed adequate with regard to this section if the building or facility meets the special needs of students enrolled in the school as identified in their individualized education plans. If a special needs student enrolls in a district and the educational buildings and facilities that correspond to that student's needs are not adequate for the education and use of that student, the district shall notify the Department. The Department shall work with the Commission to develop a remedy to comply with the student's individualized education plan.

History

Effective 2024-05-09

Wyo. Code R. 027.0002.3.05092024 § 7 Building and Facility Accessibility

School buildings and facilities shall be deemed adequate with regard to this section if the authority having jurisdiction deems the building or facility to be in compliance with relevant accessibility standards, including local accessibility codes, the Americans with Disabilities Act of 1990 and the Americans with Disabilities Act Accessibility Guidelines.

History

Effective 2024-05-09

Wyo. Code R. 027.0002.3.05092024 § 8 Adequacy of Educational Space for Required Programs

Educational buildings shall provide adequate educational space. Educational space shall be deemed adequate if a district is able to provide the educational programs required by Wyoming Statute § 21-1-101. If a district board of trustees makes a finding that the district is unable to provide the required programs because its educational space is inadequate, the district superintendent shall immediately notify the Department in writing and provide a detailed report explaining how the current space is not adequate for the delivery of the required educational programming. The report shall include elements necessary to evaluate the impact that the identified deficiency poses to the provision of the required educational program, including but not limited to objective and measurable impacts on students and expected actions necessary to mitigate that impact such as aggregate student performance data, specific known deficits with respect to the Commission's Uniform Adequacy Standards, any known national standards relevant to the claimed deficiency, and any known comparables with school buildings and facilities located elsewhere in the district or State. In the event the Department receives such a report, it shall make recommendations to the Commission evaluating the deficiency and suggesting remedies to alleviate the situation. The Department may satisfy its obligation under this section by utilizing the Facility Condition Assessment of existing school buildings and facilities and the most recent school capacity information available to the Department in developing its recommendation to the Commission. Based upon the district's report and the Department's recommendations, the Commission shall determine whether a remedy is necessary. If the Commission determines a remedy is necessary, it shall direct the Department to perform a most cost-effective remedy study in accordance with Chapter 8 § 5(b)(iii) of these Rules.

(a) Instructional spaces shall be sufficient for the required educational programs. Temporary educational space shall not be considered in evaluating Subsections (b) through (e) of this Section.

(b) Elementary school buildings shall provide the following educational spaces:

(i) General classrooms.

(ii) Space for specific curriculum. Buildings shall have space adequate to deliver the required educational program for the following subjects at the elementary school level, whether in general classrooms or specialized spaces:

(A) Art;

(B) Music;

(D) Other parts of the required state educational program necessitating specialized instructional space.

(ii) Physical education spaces. Physical education space shall include:

(A) A gymnasium or multipurpose space; and

(B) A playfield and playground.

(i) General classrooms;

(ii) Science classrooms. Science classrooms shall:

(A) Have adequate lab space to deliver the required educational program;

(B) Have adequate infrastructure to support the equipment necessary to deliver the required educational program; and

(iii) Fine and performing arts spaces. Fine and performing art spaces shall include adequate space capable of being used to deliver the required Fine and Performing Arts Standards.

(iv) Career and technical education (CTE) space. Middle and high schools shall have adequate space to deliver the required CTE standards.

(d) Middle schools shall provide or have access to sufficient facilities capable of delivering the required physical education standards:

(i) A gymnasium with a basic scoreboard capable of tracking score, time, and period;

(ii) A playfield. Standard playfields are natural seed or sod with an automatic irrigation system. Districts may opt for alternative surfaces, such as turf, but alternative surfaces exceed these adequacy standards unless the Commission approves the use of an artificial surface based on a lifecycle cost analysis comparing the cost of maintaining turf and a natural seed or sod surface; and

(iii) Locker rooms are not mandatory, but, when present, may include the following items without exceeding these adequacy standards:

(A) Lockers and benches;

(B) Shower facilities; and

(e) High schools shall provide or have access to sufficient facilities capable of delivering the required physical education standards:

(i) A gymnasium with a basic scoreboard capable of tracking score, time, and period;

(ii) A soccer or football field; and

(A) Standard soccer or football fields are natural seed or sod with an automatic irrigation system. Districts may opt for alternative surfaces, such as turf, but alternative surfaces exceed these adequacy standards unless the Commission approves the use of an artificial surface based on a lifecycle cost analysis comparing the cost of maintaining turf and a natural seed or sod surface;

(B) The field may have football goal posts and/or fixed soccer goals;

(D) Additional features such as bleachers, upgraded scoreboards, concession stands, and field houses are allowed but exceed these adequacy standards.

(iii) Track and field facilities;

(A) High schools designated 3A and 4A in track and field may have up to eight (8) lanes with running surface width of thirty feet (30');

(B) High schools designated 1A and 2A in track and field may have up to six (6) lanes with running surface width of twenty-three feet (23');

(D) One of the "D" areas of the track infield may have a surface matching the athletic track; and

(E) Facilities to conduct field events are not mandatory, but, when present, may include the items listed in this subparagraph without exceeding these adequacy standards. To the extent a district opts to include field event facilities, those facilities should be located in an appropriate area on the available site, use appropriate surfaces for the intended use, and be constructed consistent with National High School Field Standards. Districts may build facilities in excess of those allowable under this subparagraph, however those facilities exceed these adequacy standards. The allowable facilities include one (1) of each of the following:

(I) Two-way long jump;

(II) Triple jump runway with a landing pit at each end;

(III) Shot put pad;

(IV) Discus pad with cage;

(V) Pole vault runway and/or vaulting box;

(VI) Landing area; and

(VII) High jump approach and landing area.

(iv) Locker rooms are not mandatory, but, when present, may include the following items without exceeding these adequacy standards:

(A) Lockers and benches;

(B) Shower facilities; and

(f) All school buildings shall provide or have access to infrastructure, fixtures, and storage necessary to deliver the required educational program. "Infrastructure" does not include furniture or other furnishings.

(i) Educational spaces shall have the infrastructure and fixtures necessary for the normal activities of the required educational programs offered in the room and appropriate storage for classroom materials or access to appropriate storage.

(ii) Administrative, educational support, and facility support spaces in educational buildings shall have the minimum infrastructure and fixtures required for the necessary functions performed within. The following spaces, if present, should have the minimum infrastructure and fixtures needed to perform their necessary functions:

(A) Administrative offices;

(B) Student health, counseling and educational support space for the delivery of student health, counseling, and testing programs. The student health or nurse's suite may have space to isolate sick students. It shall include secure storage for records, medications, and supplies, and a working communications system. The student health or nurse's suite shall have a connected accessible restroom;

(C) Faculty workspace or teachers' lounge, which may have more than one function, and may include a break area with a kitchenette;

(D) Network distribution space, which shall be accessible, securable, well-ventilated, temperature-controlled to accommodate routers, switches, servers and other devices to support school technology operational needs;

(E) Technology support space(s), which shall be sufficient to store and/or service user devices;

(F) Library, media, and research center, which shall have internet connectivity and fixtures, equipment, technology, and other resources necessary to provide the statewide educational program;

(G) Maintenance or janitorial space, which may include janitorial sinks;

(H) Assembly space, circulation space, and entry vestibules; and

(I) Enough space, equipment, and storage necessary to provide regular meals to students during the school day.

(g) School buildings shall have plumbing fixtures in the minimum number as shown below in the chart adapted from the 2018 International Building Code.

Water Closets

Lavatories

Male

Female

Male

Female

1 per 50

(h) Alternate delivery methods. Notwithstanding Section 7(b)-(g) of this chapter, if a school district chooses to use an alternate delivery method for instruction, any space used for the alternate method shall be considered adequate so long as the district can deliver the required state educational program.

(i) For schools that intend to organize and operate more than one of the preceding school types on a single site or within a single building, each portion of the school shall meet the minimum standards for the grade levels served.

(j) Rural schools. Notwithstanding Section 7(b)-(f) of this chapter, rural schools are not required to have any of the spaces identified above provided that they have sufficient general classrooms.

History

Effective 2024-05-09

Wyo. Code R. 027.0002.3.05092024 § 9 Capacity and Square Footage Requirements

(a) Because the Commission has determined that incorporation of the full text of its methodologies would be cumbersome or inefficient, the following methodologies are incorporated by reference in these Commission rules.

(i) Enrollment Projection Methodology adopted by the Commission and effective on August 27, 2020;

(ii) Capacity Calculation Methodology, adopted by the Commission and effective on August 27, 2020; and

(iii) Maximum Allowable Educational Building Square Footage Methodology, adopted by the Commission and effective on August 27, 2020.

(b) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (b) of this section. All incorporated methodologies may be viewed free of charge at the Commission's website https://stateconstruction.wyo.gov/school-facilities/school-facilities-commission/sfc-documents) and are maintained at the State Construction Department at 700 West 21st Street in Cheyenne, WY, where they are available for public inspection and copying, at cost.

(i) It results in square footage in excess of the amount calculated under paragraph (a)(iii) of this section;

(ii) It increases the capacity of a building or facility which had a pre-project capacity score of less than one hundred percent (100%) as calculated under paragraph (a)(ii) of this section; or

(iii) The project results in a ratio of district non-educational to educational square footage, as calculated in W.S. § 21-15-109(c)(vii)(A), that exceeds twenty-one to seventy-nine (21:79).

History

Effective 2024-05-09

Wyo. Code R. 027.0002.3.05092024 § 10 Technological Capacity Criteria

Any school building or facility capable of being utilized to provide the required educational program under the state education technology plan is deemed adequate with respect to this section. An educational building or facility shall have technology infrastructure to support all aspects of the educational, operational, and administrative processes, with access to internet connectivity and telecommunications services.

History

Effective 2024-05-09

Wyo. Code R. 027.0002.3.05092024 § 11 Adequacy Standards for Alternative Schools and Charter Schools

(a) Net educational space, at minimum, shall equal sixty-seven (67) sq. ft. per student. Because of the diversity of teaching strategies and the selective use of instructional areas, no designated type or size of space usage shall be mandatory, however the district must have access to sufficient space to deliver the required educational program.

(b) For alternative schools and charter schools on an independent site, the educational facilities shall comply with the following provisions in this Chapter: §§ 3; 4(c)(iii), (iv), (vi), (vii); 5; 6; 7; 9; and 10.

History

Effective 2024-05-09

Wyo. Code R. 027.0002.3.05092024 § 12 Site Security

Security features included in the Facility Design Guidelines do not exceed these adequacy standards. School buildings shall have:

(a) The following locking systems and hardware:

(i) Locks on the inside of classroom doors;

(ii) Exterior door locks; and

(iii) Door keying systems;

(b) The following access control features:

(i) A single point of entry for visitors;

(ii) A secured vestibule;

(iii) Main entry control systems; and

(iv) A visitor management system;

(i) Two-way communication; and

(ii) Mass notification systems;

(d) The following site and perimeter features:

(i) Site landscaping;

(ii) Site vehicle barricades;

(iii) A secure site perimeter to protect students from hazards and to discourage unauthorized access to the campus;

(iv) Clearly marked loading, unloading, drop-off zones, and fire zones;

(v) Security signage; and

(vi) Site lighting;

(e) Video surveillance at the following locations, with recording capability in place:

(i) Main entry and other building entrances, with both front and back views of approach; and

(ii) Key exterior and interior areas, including but not limited to:

(A) The area outside restrooms, locker rooms, counseling offices, and administrative offices;

(B) Bus drop-off and pick up areas;

(D) Main hallways;

(E) Cafeteria;

(F) The entrance to gymnasium and athletic fields;

(G) Parking lots; and

(H) Library;

(f) The following egress and refuge features:

(i) Classroom doors constructed of durable material; and

(ii) The ability to lockdown the following areas:

(A) All classrooms;

(B) Main entrances;

(D) Gymnasium.

History

Effective 2024-05-09

Wyo. Code R. 027.0002.3.05092024 § 13 Nonstudent-related buildings and facilities

All nonstudent-related buildings and facilities shall comply with the following provisions in this Chapter: §§ 3, 4(c)(v) and (vi), 5, 7, and 10, as applicable. Any building or facility other than a student-related or nonstudent-related building or facility exceeds these adequacy standards.

History

Effective 2024-05-09

Wyo. Code R. 027.0002.3.05092024 § 14 Adequacy and availability of district-owned space for the operation of a charter school

The Department shall utilize the floor plans on file in the statewide database with the Department and the applicable district's facility plan to determine whether district-owned space is available and the most recent Facility Condition Assessment and Section 11 of this Chapter to determine whether that school building or facility is adequate for operation of a charter school.

History

Effective 2024-05-09

Chapter 4 Facility Planning

Wyo. Code R. 027.0002.4.01152020 § 1 Authority

This Chapter is promulgated pursuant to Wyoming Statutes 21-15-114(a)(xv) and 21-15-116.

History

Effective 2020-01-15

Wyo. Code R. 027.0002.4.01152020 § 2 Facility Plan

The Department shall schedule facility plan review meetings with each district. Facility plan review meetings shall be conducted every two years at a minimum. Districts shall participate in the facility planning process and supply information requested by the Department in the prescribed format.

History

Effective 2020-01-15

Chapter 5 Emergency Funding Procedures

Wyo. Code R. 027.0002.5.01152020 § 1 Authority

This Chapter is promulgated pursuant to Wyoming Statutes 21-15-114(a)(xv) and 21-15-120(a).

History

Effective 2020-01-15

Wyo. Code R. 027.0002.5.01152020 § 2 Basis for Declaration of Emergency

The Commission recognizes that emergencies may occur with respect to the adequacy of buildings and facilities and which immediately and substantially impact the ability of the district to provide educational programs required by law. Districts respond to emergencies in order to mitigate damages and restore the District's ability to provide educational programs required by law by first utilizing insurance coverage and then major building and facility repair and replacement payments. Emergency funding for temporary measures may become necessary under certain circumstances when insurance funding is not available or major building and facility repair and replacement payments are not sufficient. Emergency funding for temporary remedies may be available when the Commission, in consultation with the district(s) determines that the situation immediately and substantially affects or affected the ability of one or more districts to provide the educational programs required by law and that no other reasonable alternative exists to address the situation other than emergency funding.

History

Effective 2020-01-15

Wyo. Code R. 027.0002.5.01152020 § 3 Application

(a) Applications for emergency funding shall be presented to the Department for submittal to the Commission and shall at a minimum include:

(i) A detailed description of the circumstances giving rise to the emergency and how it immediately and substantially affects or affected the ability of the district to provide the educational programs required by law, including the expected duration of the emergency;

(ii) The location of all structures affected by the emergency and, if the emergency affects only a portion of a structure, a detailed description of the affected portion;

(iii) The district's proposed remedy or action taken by the district that was determined to be immediately necessary to temporarily resolve the emergency and why it is, or was, the most cost effective temporary measures to remediate the emergency, including all alternatives considered;

(iv) An estimate of the cost of the proposed remedy, including estimates of alternative remedies considered;

(v) Bids or estimates received from contractors to address the emergency;

(vi) Any other reasonable documentation and information pertinent to the request; and

(vii) Documentation that the district has notified their insurance carrier of a claim and of the status of payments for loss and reimbursement for costs incurred to the district's major building and facility repair and replacement separate account;

(b) The district's superintendent shall certify in writing that no other funds are available to remedy the emergency and that the information disclosed in the application is true, correct and complete;

History

Effective 2020-01-15

Wyo. Code R. 027.0002.5.01152020 § 4 Disbursement of Funds

(a) For any emergency for which major building and facility repair and replacement payments are not sufficient to provide temporary measures and other responses, or if such payments would severely compromise implementation of the district's facility plan, as determined by the Commission, the Commission shall determine if the temporary measures and other responses require a capital outlay. The Commission shall only request capital outlay for an emergency after consideration of all other remedies. In providing temporary measures and other responses for an emergency, the Commission shall ensure the adoption of the most cost effective method of remediation that is in the best financial and educational interests of the state. The Commission shall implement this subsection in carrying out temporary measures and other responses, giving proper consideration to the prevention of unnecessary delays.

(b) Expenditures from the school capital construction account shall be for necessary temporary measures and other responses and related costs. Any commitment by the Commission may only be made to the extent that funds have been appropriated by the Legislature for the purpose of addressing facility emergency measures or are otherwise available in the school capital construction account.

(c) The Commission recognizes that the remediation of emergencies may require immediate action. Under certain circumstances, it may be impractical for the Commission to convene in a timely manner. Upon request for emergency funding from a district, the Director may determine if the request requires immediate action, or if the request may require action by the Commission.

(i) If the Director determines the request requires immediate action, the Director shall consult with the Chair as soon as practicable concerning the request for emergency funding. Any commitment by the Director may only be made to the extent that funds have been appropriated by the Legislature for the purpose of addressing facility emergency temporary measures or are otherwise available in the school capital construction account. The Director may not commit more than $100,000.00 for emergency measures, subject to availability of funds in the account.

(ii) The Director shall inform the Commission of any action taken with regard to the request as soon as possible and shall provide a full report of the emergency and any funding commitment at the following Commission meeting.

(d) Disbursements shall not be made for any unauthorized expenses.

History

Effective 2020-01-15

Chapter 6 Square Footage Guidelines for Major Maintenance Payments

Wyo. Code R. 027.0002.6.01152020 § 1 Authority

This Chapter is promulgated pursuant to Wyoming Statutes 21-15-111(a)(xv) and 21-15-109(c)(i).

History

Effective 2020-01-15

Wyo. Code R. 027.0002.6.01152020 § 2 Calculation

(a) Actual square footage of buildings shall be calculated using the exterior building face dimensions of enclosed space at each floor level. Areas not to be included in square footage calculations include:

(i) Crawl spaces;

(ii) Pipe tunnels;

(iii) Roof overhangs; and

(iv) Walkways, and other non-enclosed facilities.

(b) The total square footage of structures shall be calculated by using any one of the following measurement methods:

(i) On-site measurements of the structure;

(ii) Dimensions taken from as-built floor plans where complete information is available; or

(iii) Computer-aided drawing (CAD) utilizing as-built floor plans.

(c) Each floor of multi-floored structures shall be calculated separately, and calculations for all floors shall be combined for the total area of the entire structure, including the gross square footage area of basements.

(d) The major category (i.e. educational, office, or warehouse) designated for gross square footage within each building or facility shall be determined based upon the major use of the building.

(e) The total square footage of structures in the district shall be separately set out for each major category (i.e. educational, office or warehouse) using the following sub-categories:

(i) Educational

(A) Standard educational space

(B) Educational portables

(D) Qualified educational leases per W.S. 21-15-l09(c)(i)(B)

(E) Other non-qualified educational leases

(F) Mothballed

(ii) Office

(A) Portable building used as an office

(B) Leased offices

(iii) Warehouse

(A) Bus barn (transportation facility)

(B) Portable building used as storage

(D) All other warehouses

(f) Mechanical space. When calculating the overall building square footage for a new building, addition or major remodel (for the purposes of determining the allowable gross square footage), if the mechanical space complies with the definitions outlined below, then it is not required to be included in the gross square footage calculations for the new construction.

(i) Section 502- International Building Code, 2006 Edition. Equipment Platform: An unoccupied, elevated platform used exclusively for mechanical systems or individual process equipment, including the associated elevated walkway, stairs and ladders necessary to access the platform. (See also Section 505.5).

(ii) Section 1502 - International Building Code, 2006 Edition. Penthouse: An enclosed, unoccupied structure above the roof of a building, other than a tank, tower, spire, dome copula or bulkhead, occupying not more than 1/3 of the roof area. (See also Section 1509.2)

(iii) Also, for the type of construction, all allowable size and height of a tower or spire shall be as outlined in Sections 1509.5, 1509.5.1 and 1509.5.2.

History

Effective 2020-01-15

Chapter 7 Annual Reports and Major Building and Facility Repair and Replacement Requests

Wyo. Code R. 027.0002.7.01152020 § 1 Authority

This Chapter is promulgated pursuant to Wyoming Statutes 21-15-114(a)(xv), 21-15-109(e) and 21-15-115(b).

History

Effective 2020-01-15

Wyo. Code R. 027.0002.7.01152020 § 2 New Construction Report

(a) Each district shall annually report on a building-by-building basis, all expenditures made during the prior fiscal year for new construction.

(b) Each district shall make its annual report under this Chapter on such form or forms as the Commission requires.

(c) All district submissions under this section shall be certified by the district's superintendent as being true, correct, and complete.

History

Effective 2020-01-15

Wyo. Code R. 027.0002.7.01152020 § 3 Major Building and Facility Repair and Replacement Requests and Report

(a) Amounts distributed for major building and facility repair (major maintenance) shall be deposited by each district into a separate account, the balance of which may accumulate from year to year. This account is subject to periodic audit by the Commission.

(b) Districts shall make requests for major maintenance expenditures through the Department, identifying the building and component(s) affected.

(c) Requests shall include information required by the Department and shall be submitted through the Department's financial accounting database system.

(d) Each district shall annually report on a building-by-building basis all expenditures made from its separate major maintenance account.

(i) Each district shall submit an annual report under this Chapter in such form as the Department requires.

(ii) Each district shall report major maintenance expenditures by July 31 of each year to the Department. Reports shall be submitted in such form as the Department requires.

(iii) District reports under this section shall be certified by the district superintendent as being true, correct and complete.

History

Effective 2020-01-15

Chapter 8 Criteria for Identifying and Prioritizing Remedies, and Establishing Project Budgets

Wyo. Code R. 027.0002.8.05092024 § 1 Authority

This Chapter is promulgated pursuant to Wyoming Statutes 21-15-114(a)(xv); 21-l5-117(a); 21-l5-119(a), (c); 21-15-121(a); and 28-11-301(c)(iv).

History

Effective 2024-05-09

Wyo. Code R. 027.0002.8.05092024 § 2 Inventory

The Department shall prepare and maintain an inventory of district-owned school buildings and facilities.

History

Effective 2024-05-09

Wyo. Code R. 027.0002.8.05092024 § 3 Assessment of Building and Facility Needs

The Department shall develop and the Commission shall approve as a policy a comprehensive facility assessment guide. This guide shall include an assessment that measures and quantifies educational building condition and capacity needs on a statewide basis. The Department, in coordination with districts, shall use this guide in the assessment of buildings and facilities under W.S. 21-15-117(a) and the results of this assessment shall be used in the development of the two schedules described in § 4 of this Chapter.

History

Effective 2024-05-09

Wyo. Code R. 027.0002.8.05092024 § 4 Building Needs Schedules

The Commission shall annually evaluate the adequacy of the State's school buildings and facilities and develop two building needs schedules: condition and capacity.

(a) Capacity Schedule. The capacity schedule shall be based on projected capacity, calculated in accordance with this subsection, and the needs identified in accordance with § 5(a) of this Chapter.

(i) The Department shall calculate building capacity and enrollment projections based on the Commission's methodologies incorporated by reference in Chapter 3 § 9(a)(i) and (ii) of these Rules.

(ii) For the purposes of capacity projections, the construction time for capital remedies shall be presumed to be three (3) years, and the Department shall project enrollments over a five (5) year projection period beginning upon the presumed completion of a construction period, in accordance with W.S. 21-15-117(a)(iii).

(iii) The Department shall use the projected enrollments by configuration to calculate an expected rate of change and apply that rate of change to each building in that configuration. This projected enrollment and any studies performed pursuant to § 5 of this Chapter shall be the basis for generating the capacity schedule.

(iv) The Commission may direct the Department to adjust projections in accordance with § 4(d) of the Commission's enrollment projection methodology, as incorporated in Chapter 3 § 9(a)(i) of these Rules.

(b) Condition Schedule. The condition schedule shall be based on FCI score, as calculated in accordance with this subsection, and the needs identified in accordance with § 5(a) of this Chapter.

(i) The Department shall use the FCI calculations from the most recent Facilities Condition Assessment;

(ii) For the purposes of compiling the condition schedule, the Commission shall use FCI scores projected five (5) years from the current year and any studies performed pursuant to § 5 of this Chapter.

(iii) The Commission may include in the condition schedule any school building determined to have a remediation need under Chapter 3 § 8 of these rules.

(c) The Commission shall utilize the results of the most cost-effective remedy studies conducted under § 5 of this Chapter to prioritize the capacity and condition schedules. Needs identified under § 5(a) that have not yet received a most cost-effective remedy study shall not be prioritized but shall be included in the schedule and identified as needing a most cost-effective remedy determination.

(d) The Commission may periodically review and verify needs assessment data and building and facility ratings for condition and capacity to ensure the assessments provide timely and uniform data in accordance with W.S. 21-15-117(a).

History

Effective 2024-05-09

Wyo. Code R. 027.0002.8.05092024 § 5 Identification and Determination of the Most Cost-Effective Remedy

. The Department shall conduct most cost-effective remedy studies pursuant to this Section.

(a) The Department shall conduct a most-cost effective remedy study for any school building or facility that:

(i) Has a projected capacity exceeding one hundred percent (100%), calculated pursuant to § 4(a) of this Chapter;

(ii) Has an FCI score exceeding 0.3, calculated pursuant to § 4(b) of this Chapter; or

(iii) Is inadequate to deliver the required educational services as determined by the Commission pursuant to Chapter 3 § 8 of these Rules.

(b) Procurement, Conduct, and Scope of Studies.

(i) The Department may self-perform a most cost-effective remedy study or utilize outside consultants. For any studies that the Department elects to conduct itself, it shall utilize and may rely upon the available FCI data for that school building or facility.

(ii) The Department shall retain control over the direction of all studies, but shall, to the greatest extent practicable, consult with the affected district and provide a reasonable opportunity for district involvement.

(iii) The Department may consider needs related to multiple buildings in a single study, including building needs that may not qualify for a study under the thresholds established in Subsection (a) of this Section.

(iv) Where the Department has studied multiple buildings, it may recommend a remedy involving more than one building if it concludes that this is in the best long-term financial interests of the State and presents the most cost-effective means of remedying the district's facility needs.

(c) The Department and any consultants shall consider the following criteria, as applicable, in identifying the most cost-effective remedy for school building and facility needs to deliver quality educational services and to meet adequacy standards:

(i) The requirements of the Uniform Adequacy Standards, Facility Design Standards and Guidelines, methodologies, procedures, and policies of the Commission;

(ii) Appropriate data and facts concerning the condition, capacity, and adequacy of the identified school building or buildings;

(iii) The district facility plan;

(iv) Any available non-construction alternatives;

(v) The availability of major building and facility repair and replacement funds to address the identified need;

(vi) District enrollment projections and all available FCI projections;

(vii) The educational building or facility's design capacity and square footage;

(viii) The immediacy of the need for a remedy;

(ix) The prescribed statewide educational program;

(x) The total project cost and estimated budget for all determined remedies to address the identified need in comparison to the benefit expected to be derived from each remedy;

(xi) School district input, including but not limited to a consultation with the district and any studies commissioned by the district and presented to the Department; and

(xii) Any other appropriate factor.

(d) Upon completing its evaluation, the Department shall prepare a formal recommendation and report identifying the most cost-effective remedy for the identified building or facility. The Department's recommendation shall contain:

(i) An identification and explanation of the recommended remedy, including the estimated cost and anticipated budget request;

(ii) The rationale for the recommended remedy, including any cost, lifespan, condition, and capacity data considered by the Department; and

(iii) Any alternative remedies considered by the Department and the reason for rejecting those alternatives.

(e) Upon completing its recommendation, the Department shall provide a complete copy of its recommendation to the district.

(i) If the district concurs with the Department's recommendation, the Department shall present the recommendation and full report to the Commission.

(ii) If the district disagrees with the Department's recommendation, the district shall have thirty (30) days to request an informal review of the recommendation pursuant to Chapter 2 § 4 of these Rules. Any such request shall conform to the requirements of Chapter 2 § 4(b) of these Rules.

(A) If the district requests informal review, the Department shall not present its recommendation to the Commission until after the informal review process is complete.

(B) Upon conclusion of the informal review process, the Department shall compile an updated report and recommendation for the Commission, which shall include the record from the informal review. If the Department does not recommend the district's preferred remedy to the Commission, the Department shall include the district's desired alternative in the list required by paragraph (d)(iii) of this Section of this Chapter along with the Director's written decision from the informal review. The district may present its preferred remedy at the Commission meeting where consideration of the Department's most cost-effective remedy recommendation is scheduled to occur.

(iii) If the district does not notify the Department of its concurrence or request an informal review within thirty (30) days of the Department providing its recommendation to the district, the Department may present the recommendation and a full copy of the report to the Commission.

(f) Upon receipt of the Department's recommendation, the Commission shall make a determination of the most cost-effective remedy.

(i) The Commission shall issue a written determination explaining and supporting its determination of the most cost-effective remedy. The Commission may adopt a recommended decision as its own written determination or direct staff to draft a new determination.

(ii) The Commission may take notice of studies commissioned by districts and presented to the Department during an informal review, but such an action shall not bind the Commission to approve the recommendations of the study or to include them in the Commission's recommendations to the Legislature.

(g) The Commission's determination of the most cost-effective remedy is a final agency action.

(h) After a most cost-effective remedy determination for an identified capacity or condition need, the Department shall update its report and recommendations to the Commission as necessary and appropriate to account for changed circumstances. Such circumstances may include, but are not limited to, changes in the relevant FCI score or school capacity, economic circumstances, or the anticipated cost of the identified most cost-effective remedy. The Commission may change its determination of the most cost-effective remedy at any time on its own initiative, upon request of the district, or upon receiving the Department's updated report and recommendation pursuant to this Subsection.

History

Effective 2024-05-09

Wyo. Code R. 027.0002.8.05092024 § 6 Budget Recommendations

(a) The Department shall prepare a budget proposal each year based on the capacity and condition schedules, any most cost-effective remedy studies undertaken pursuant to § 5 of this Chapter, and recommendations it has prepared under Chapter 3 § 8 of these Rules. This budget proposal may also contain recommendations for funds necessary to complete future studies, including but not limited to most-cost effective remedy studies, as the Department concludes are necessary in order to carry out its mission. The Department shall present its budget proposal to the Commission sufficiently in advance of the Commission's statutory deadline to submit a budget recommendation to the Select Committee on School Facilities such that the Commission may consider the budget proposal as it formulates that recommendation.

(b) The Commission shall prepare budgets and recommend projects to the Select Committee on School Facilities based on the capacity and condition schedules, any reports received pursuant to Chapter 3 § 8 of these Rules, and most cost-effective remedy studies and determinations. Each budget shall include, but is not limited to, land, project planning, design, construction, and on-site and off-site infrastructure.

(c) Using accepted accounting standards and the principles outlined above, the Commission shall, not later than September 1 of each year, prepare and submit to the Governor and the Select Committee on School Facilities, a proposed budget, the prioritized list of projects proposed for funding, the amount of funding allocated to each project, the assessments conducted by the Commission of condition and capacity, any notices received from a district pursuant to Chapter 3 § 8 of these Rules and the Department's report pertaining thereto, and the annual building status report specified under W.S. 21-15-121.

History

Effective 2024-05-09

Chapter 9 Implementation of Remedies and Project Management

Wyo. Code R. 027.0002.9.02022022 § 1 Authority

This Chapter is promulgated pursuant to Wyoming Statutes 21-15-114(a)(xv), 21-15-117, 21-15-118(c) and 21-15-123(f)(v).

History

Effective 2022-02-02

Wyo. Code R. 027.0002.9.02022022 § 2 Relationship Between the State Construction Department and School Districts

(a) Master Memoranda of Understanding (MOU's) and Project Agreements shall be developed to establish the working relationship between the Department and the district.

(i) Master MOUs. The Master MOU defines the duties and responsibilities of the Department and the district for non-capital construction functions, including, but not limited to, major building and facility repair and replacement, facility planning, condition assessments, and annual reporting.

(ii) Project Agreements. Project Agreements define the duties and responsibilities of the Department and the district for construction and renovation of school buildings and facilities, including, but not limited to, determination of the most cost effective remedy, land purchase, design, procurement and construction. No work or disbursement of funds shall proceed on projects until a Project Agreement is executed between the Department and the district. Districts shall not expend any appropriated project funds until authorized by the Director.

(b) Departmental Review. The Department shall review school construction projects for compliance with uniform statewide adequacy standards. This review shall be ongoing throughout the planning, budgeting, design, and construction process.

History

Effective 2022-02-02

Wyo. Code R. 027.0002.9.02022022 § 3 Program Planning

Upon determination of the most cost effective remedy, the Department shall develop a detailed scope of the work and estimated budget for the remedy in consultation with the district. The scope of the work and estimated budget shall form the basis of any future budget request. A request to change the scope of the work shall be presented to the Commission along with all financial implications and justification for the change. If approved by the Commission, the Department shall amend the scope of work and estimated budget.

History

Effective 2022-02-02

Wyo. Code R. 027.0002.9.02022022 § 4 Prototypical Designs

(a) To further the concept of value-added projects, the Commission encourages using prototypical designs and prototypical components. When appropriate and feasible to meet the needs of a district, prototypes may shorten design time, simplify value engineering, decrease costs, and increase construction efficiency.

(b) The Department shall maintain a database of school floor plans that districts may consider for re-use.

(c) School districts may consider the use of prototype designs (past designs) from the Department database or other designs that may be available from architects. The district may utilize the services of a design consultant to determine whether prototype designs may be appropriate or whether modifications of prototype plans are feasible to meet the needs of the district.

History

Effective 2022-02-02

Wyo. Code R. 027.0002.9.02022022 § 5 Determination of Delivery Method

(a) Projects shall be designed and constructed using the design-bid-build delivery method unless extenuating circumstances exist that necessitate the adoption of an alternate method. District requests for the Commission to approve an alternate design and construction delivery method shall explain the reason(s) an alternate project delivery method is preferable to the design-bid-build delivery method.

(b) The Commission shall consider the following non-exclusive and non-prioritized list of factors in making a determination to allow alternate design and construction delivery methods:

(i) Size and complexity of the remedy;

(ii) Budget and availability of funds;

(iii) Urgency of time;

(iv) Past experience with the delivery method;

(v) Anticipated cost of the possible various delivery methods;

(vi) Market conditions, including access to and availability of personnel to provide design or construction services; and

(vii) District input and recommendations regarding delivery method.

History

Effective 2022-02-02

Wyo. Code R. 027.0002.9.02022022 § 6 Site Analysis and Land Acquisition

(a) Requests for land acquisition may originate with a request by a district to the Department or as a Department recommendation. The Commission shall determine if there is a need based on capacity, condition, health, safety, determination of the most cost effective remedy, or the best interests of the State.

(i) Many Wyoming schools pre-date the adoption of current standards. School sites which pre-date the original adoption of standards in 2003 may be larger or smaller than the recommended sizes. School sites smaller than these recommendations are presumed to be adequately sited unless the Commission determines otherwise.

(b) If the Commission determines a need exists, the Commission shall:

(i) Examine availability of current district land;

(ii) If a replacement building or facility renovation or addition, determine if the current site is appropriate;

(iii) If new land is required, consider land swaps and acquisition of publicly-owned land or land in conjunction with a development prior to considering other private land.

(c) If the Commission determines that land acquisition is necessary, the district in consultation with the Department shall conduct an analysis of potential sites or land. Prior to initiating non-confidential site analysis activities the district in consultation with the Department shall obtain a proposed purchase agreement fixing the purchase price and other conditions of purchase, subject to site analysis and due diligence investigation results that are acceptable to the district and Department. Site analysis shall be conducted in accordance and comply with the Commission rules and design guidelines and shall be approved by the Commission. Prior to acquisition the district in consultation with the Department shall conduct a due diligence investigation, which includes the following:

(i) Legal description of property;

(ii) Title commitment;

(iii) Two (2) land appraisals (using the average of two if within five percent (5%) of each other, otherwise a third appraisal will be obtained and the average of the two (2) closest appraisals will be used);

(iv) Site survey to include soil conditions, traffic patterns, utilities and site topography;

(v) Phase 1 environmental assessment;

(vi) Annexation and zoning issues;

(vii) Local development requirements; and

(viii) Preliminary and final plat.

(d) The Commission may grant a waiver to any of the above due diligence requirements for good cause.

(e) All phases of the land acquisition process may be kept confidential to the extent permissible by law and in accordance with this subsection. Neither the district nor the Commission shall divulge information on proposed land acquisitions prior to such time as all due diligence has been completed and the land purchase price has been negotiated, unless both the Commission and the district consent to the disclosure or law requires such disclosure.

History

Effective 2022-02-02

Wyo. Code R. 027.0002.9.02022022 § 7 Services and Contracts

(a) General.

(i) Districts shall use Commission contracts for capital projects, unless otherwise approved by the Commission and Attorney General's Office.

(ii) Modifications to Commission contracts, including adjustments to further stipulate services and reflect the scope of the particular project, on a project-by-project basis may be submitted to the Department for review and approval in consultation with the Attorney General's Office. Major modifications, as determined by the Department, or alternatives to Commission contracts require approval by the Department, Attorney General's Office, and the Commission.

(iii) Contracts shall be executed by the district and other parties and routed to the Department for its review and approval as to form.

(iv) Contracts modified and executed without the necessary approvals shall not be eligible for State funding.

(b) Owner's Representative.

(i) Owner's representatives are individuals or entities contracted on a project-specific basis to assist the district and State in ensuring the project is managed and completed in accordance with the contracts related to the project.

(ii) The Department shall determine whether an Owner's Representative is necessary, taking into consideration the expense, time, and ability of district and departmental staff.

History

Effective 2022-02-02

Wyo. Code R. 027.0002.9.02022022 § 8 Value Engineering

(a) Value engineering is a process to achieve the best balance of cost-to-value in projects for districts and the State. In addition to value engineering required by design or construction contracts, the Department shall conduct a value engineering analysis using a collaborative process to objectively consider the best approach to design and construct projects in accordance with Section 12(d) of this Chapter. Value engineering shall include life cycle cost analysis of all major systems in the facility.

(i) Value engineering review shall occur at the schematic design phase (10% Design and the design documents phase (35% Design) or as otherwise determined by the Department. The design of the facility shall conform to value engineering recommendations before it proceeds into the next phase of development unless waived in writing by the Director or by action of the Commission pursuant to Chapter 2 § 3(a)(v) of these Rules.

(ii) Value engineering strategies learned on previous projects shall be considered for subsequent projects.

History

Effective 2022-02-02

Wyo. Code R. 027.0002.9.02022022 § 9 Project Closeout

Absent extenuating circumstances, fund balances remaining from project budgets that are unencumbered or unobligated are subject to reversion no later than one year after the date of Substantial Completion.

History

Effective 2022-02-02

Wyo. Code R. 027.0002.9.02022022 § 10 On-site or Off-site Infrastructure

(a) On-site or off-site infrastructure includes streets, sidewalks, traffic signals, bike and walk paths, electric, gas, water, sewage systems, storm systems, telephone, data, and other facilities approved by the Commission.

(i) On-site infrastructure solely attributable to the needs of the project and of the capacity required to serve the school facility remedy in accordance with the Commission's design guidelines shall be included in the cost per square foot budget for the building.

(ii) The Department shall budget for the cost of the development of on-site or off-site infrastructure solely attributable to the needs of the project and additional infrastructure costs attributable to shared use.

(b) Requests for on-site or off-site infrastructure to be shared with others shall be made by the district in writing and shall include a full description of the project, including the cost of the proposed infrastructure, the functional capacity properly attributable to the needs of the project, contemplated excess functional capacity, and a dedicated source of repayment.

(i) Requests shall be presented to the Department during the initial planning and budgeting for the proposed project. The Department shall make a determination whether further information, such as design engineering or cost data, is required before the request is presented to the Commission for its consideration as part of its budget recommendation. The district shall notify the affected municipality or local governmental entity of the request and of the time and location at which it will be considered by the Commission.

(ii) Requests will only address infrastructure needed for the school building and facility.

(iii) The Department, in consultation with the Attorney General's Office, shall determine if a contractual agreement is required for cost-sharing, repayment, or operation agreement(s) with the affected parties. Cost-sharing or repayment agreements shall include provisions for reimbursement of departmental expenditures for functional capacity beyond the capacity properly attributable to the needs of the project to be repaid to the Department over time with interest. Amounts repaid shall be deposited by the Department into the school capital construction account.

(iv) The functional capacity needs of school buildings and facilities shall take precedence over the needs of others.

(c) If extensions to municipal or other Department-approved utilities are not available or are cost prohibitive, then on-site systems may be constructed.

(d) The district shall notify the affected municipality or other local governmental entity in writing of Commission action taken related to on-site or off-site infrastructure and reasons for the action.

History

Effective 2022-02-02

Wyo. Code R. 027.0002.9.02022022 § 11 Changes to Budgeted Funding

(a) In accordance with W.S. 21-15-119(c) and W.S. 28-11-301(c)(iv), budgets for prioritized projects may be adjusted by the Commission and transfers between project phases may be made by the Department.

(b) In the event that any particular project budget is or appears to be insufficient to fully fund that project remedy, the following non-exclusive and non-prioritized list of factors shall be considered by the Department in recommending whether, and how, that project will be allowed to proceed with legislative funding:

(i) Verify value engineering recommendations have been followed;

(ii) Verify aspects of the design of the project to identify cost savings which may be generated within the project. In this regard, all parties shall reexamine earlier assumptions in the search for viable, cost-effective and efficient design changes;

(iii) Verify the scheduling, or phasing, of the project to determine if budgeted funds will be required and cost-savings or cost-deferrals may be obtained by that scheduling. Decision-making shall take into account the funding cycles of the Legislature and the uncertainty of future funding.

(c) If these non-prioritized factors are insufficient to achieve project costs within the project budget, including adjustment for inflation, the Commission shall consider the following additional factors:

(i) Change of delivery method;

(ii) Other sources of funding, including funding held by the Commission;

(iii) Delayed start date of the project; and

(iv) Complete or partial re-planning or re-design of the project.

History

Effective 2022-02-02

Wyo. Code R. 027.0002.9.02022022 § 12 Facility Design Standards and Guidelines

(a) The Commission's Facility Design Standards and Guidelines do not apply to existing school buildings and facilities and shall not be used for evaluating the adequacy of any existing school building or facility.

(b) For all Projects, as defined in W.S. 21-15-111(a)(iv), appropriated by the legislature or funded by the Commission, the Department shall include in the Project Agreement the most recent version of the Commission's applicable Facility Design Standards and Guidelines. The Department shall require that the Facility Design Standards and Guidelines incorporated in the Project Agreement govern the expenditure of state funds for that project for the duration of that project.

(c) In accordance with W.S. 21-15-114(a)(vii), the Commission shall adopt Facility Design Standards and Guidelines for the following types of school buildings and facilities:

(i) Educational Buildings;

(ii) Outdoor Physical Education Facilities; and

(iii) School Bus Maintenance and Parking Facilities.

(d) The Department shall include in the Project Agreement a provision requiring that when the Facility Design Standards and Guidelines are not specific on the type, quantity, or quality of a design element or component, the architect shall select the most efficient and cost effective type, quantity, or quality of the element or component, subject to approval by the Department. The provision shall further provide that if a district opts for an element or component exceeding that approved by the Department, such element or component shall be considered district-initiated and shall not be funded out of the capital construction budget.

(e) The Department shall include in the Project Agreement a requirement that, in the event the legislature funds a project of a type that is not covered by the Commission's existing Facility Design Standards and Guidelines, the architect shall work with the Department to ensure that the design is adequate, efficient and cost effective and shall utilize the Commission's existing Facility Design Standards and Guidelines in doing so to the extent those Guidelines are applicable.

(f) Project Agreements. Project Agreements define the duties and responsibilities of the Department and the district for construction and renovation of school buildings and facilities, including, but not limited to, determination of the most cost effective remedy, land purchase, design, procurement and construction. Prior to the beginning of any Project, as defined in W.S. 21-15-111(a)(iv), the Department and district shall sign a Project Agreement that enumerates what portion of the work is state funded. No work or disbursement of funds shall proceed on Projects until a Project Agreement is executed between the Department and the district. Districts shall not be reimbursed and the Department shall not pay for any work done on any portion of the project prior to the Director's authorization. Furthermore, the Department shall not pay for or reimburse any district for expenses incurred prior to the execution of the Project Agreement and a commission-approved contract with the professional service provider or contractor, with the exception of reasonable owner's overhead expenses.

(g) Districts shall provide to the Department, prior to the commencement of any capital construction project as that term is defined in W.S. 9-2-3001(b)(ii), an opportunity to review the final design, drawings and plans of the project. This review shall include, but is not limited to, consideration of whether the design, drawings and plans of the proposed project utilizes energy efficient best practice techniques and processes. This provision applies to any capital construction project for which the state is required to expend state funds to fully or partially pay for operations, routine maintenance or major maintenance expenses, including state-initiated remedies that include district-initiated elements and district-initiated projects.

(h) The Commission shall incorporate reasonable community and district input and participation for conforming an aesthetic design within the community when a new school building or facility is designed. The Commission shall defer to the reasonable aesthetic design choices of the district, provided that those design choices do not bring the building or facility to a condition exceeding the Commission's relevant adequacy standards.

History

Effective 2022-02-02

Chapter 10 District-Initiated Elements, District- Initiated Projects, and Local Enhancements

Wyo. Code R. 027.0002.10.02022022 § 1 Applicability

This Chapter applies to all district-initiated projects and elements at the time of the renovation, construction, replacement, repair, or other improvement of or to any school building or facility.

History

Effective 2022-02-02

Wyo. Code R. 027.0002.10.02022022 § 2 State responsibility to pay for district-initiated elements and projects; identification of district-initiated projects as local enhancements

(a) State capital construction funds shall not be spent on district-initiated elements or projects. Costs associated with obtaining leadership in energy and environmental design (LEED) design certification and commissioning the school building or facility in accordance with that certification shall be considered district-initiated elements.

(b) A district may opt, at any time, to implement a district-initiated project. A district-initiated project shall be considered a local enhancement to the extent that, when completed, the building or element exceeds the Commission's relevant adequacy standards, whether for a design feature(s) or additional square footage. Regardless of any present or future recognition of the district-initiated element or project as not exceeding the Commission's adequacy standards, neither the State, the Department, nor the Commission shall reimburse the district the cost of a district-initiated element or project.

History

Effective 2022-02-02

Wyo. Code R. 027.0002.10.02022022 § 3 Cost allocation between State-initiated remedies and district-initiated elements

(a) If a district intends to include a district-initiated element in the design of a state-initiated remedy, the district shall notify the Department prior to design. Preliminary information shall indicate the nature, scope, cost and schedule of the district-initiated element. The district bears the responsibility for consulting the Commission's adequacy standards and the Facility Design Standards and Guidelines and identifying elements that exceed those documents. The Department shall make reasonable efforts to help the district identify any design elements in excess of the relevant guidelines or standards through the value engineering process and the notice to proceed. Notwithstanding this requirement, the district is ultimately responsible for the identification of district-initiated elements, and a design element shall not be considered state-initiated merely because the district fails to identify it as district-initiated, regardless whether the Department has reviewed or approved the plans. The Commission shall consider any reasonable aesthetic design requests made by the district in accordance with Chapter 9, Section 12(h) of these Rules. The funding and construction of the district-initiated element shall proceed as follows:

(i) The Department shall determine the appropriate method of allocating costs between the district-initiated element and the legislatively-funded portion of the project.

(ii) The district shall bear all costs of the district-initiated element, including all design and other consultant costs and construction costs attributable to the element. In no event shall state funds be spent on purchasing, constructing, installing, or furnishing a district-initiated element.

(iii) If a district opts to go forward with a district-initiated element, it shall bid the element separately as an alternate, with the enhancements calculated as a percentage of the overall project cost, or a combination thereof. The allocation for costs associated with a local enhancement shall be identified and split on a percentage basis as follows:

(A) When the district-initiated element is the result of the inclusion of a design feature(s) which exceeds or fails to comply with the Facility Design Standards and Guidelines or is not in compliance with the recommendations of value engineering made subject to Chapter 9, Section 8, it shall be bid as a construction alternate. The construction alternate shall include all costs attributable to the district-initiated element plus all costs for modifications to the legislatively-funded portion of the project that are attributable to the district-initiated element.

(B) When the district-initiated element results in the inclusion of additional square footage of school building and facilities such that the school building or facility exceed the total square footage allowed by the Commission's adequacy standards, the difference between the allowable square footage and the project total square footage shall be computed as a percentage. Project costs will be attributed on the basis of the percentage as identified, or as subsequently revised in the event of a change in the square footage. When changes affect the entire project and result in additional costs, the costs shall be shared based on this percentage.

(b) At the conclusion of a project that consists of or includes a district-initiated element(s), the Department shall evaluate the district-initiated element(s) with the Commission's Adequacy Standards under Chapter 3 of these Rules. The Department shall identify any district-initiated element that exceeds the Adequacy Standards as a local enhancement, designate it as such, and exclude the identified local enhancement from its calculation of district square footage for the purpose of calculating major maintenance payments.

(c) A district-initiated element shall be considered to exceed the Commission's adequacy standards unless the district petitions the Commission under Section 4 of this Chapter.

(d) The Department shall maintain a record of local enhancements made by school districts. These records shall include a list detailing the size and nature of building design features incorporated into capital construction projects as a result of past local enhancements. The list shall be reviewed by the Commission when acting in accordance with W.S. 21-15-115(c). The Department shall no less than once every four (4) years undertake efforts to ascertain whether national or regional research exists as to whether or not any of the enhancement categories identified in the list specified under this paragraph have a positive demonstrable effect upon delivery of education.

(e) If the Department's research conducted pursuant to subsection (d) of this Section indicates that a category of enhancement may have a positive demonstrable effect upon delivery of education, the Department shall gather available evidence and present that evidence along with a recommendation to the Commission. The Department may consult with the Wyoming Department of Education, districts, and other stakeholders to consider whether any particular type of local enhancement has a positive demonstrable statewide effect upon delivery of the prescribed state educational program. Following presentation and analysis of available evidence provided to the Department, the Commission shall determine whether the identified local enhancements or category of local enhancements have a positive demonstrable statewide effect upon the delivery of the educational program. If the Commission determines that such a demonstrable effect exists, it shall make a determination whether and how such local enhancements should categorically be incorporated into the statewide adequacy standards.

History

Effective 2022-02-02

Wyo. Code R. 027.0002.10.02022022 § 4 District petitions to the Commission for acknowledgment that a local enhancement no longer exceeds the Commission's adequacy standards or that a local enhancement should be incorporated into the Commission's adequacy standards

(a) A space or facility deemed a local enhancement shall remain a local enhancement until such time the Commission acknowledges that the space or facility fits within the Commission's adequacy standards, subject to the following provisions.

(i) During facility planning, the Department shall work with districts to determine whether any enhancement designations should be removed because:

(A) The identified local enhancement no longer exceeds the Commission's adequacy standards;

(B) The district claims the local enhancement in question has a positive demonstrable effect upon delivery of the prescribed state educational program on a statewide basis and the district has evidence tending to show that that assertion is correct; or

(C) The Commission's methodologies change or the district's student population has grown to an extent such that enhanced square footage no longer exceeds the educational square footage allocated to the district under Chapter 3, Section 8 of these Rules.

(ii) At the completion of the facility planning process, the Department shall present to the Commission a list of local enhancements that should no longer be designated enhancements. If the Commission approves the list, the Department shall remove the enhancement designation from all included elements, square footage, or buildings, but maintain the record for historical reports to the Legislature.

(b) Any district claiming that a local enhancement has a positive demonstrable statewide effect upon delivery of the prescribed state educational program may petition the Commission for a review of the status of that type of local enhancement. The district shall provide evidence of that positive demonstrable effect to the Department in the form of statistical analysis that establishes a causative effect between the identified local enhancement and any purported positive demonstrable effect.

(c) Following presentation and analysis of the district's evidence under subsection (b) of this Section, the Commission shall determine whether the identified local enhancement has a positive demonstrable statewide effect upon the delivery of the educational program. If the Commission determines that such a demonstrable effect exists, it shall make a determination whether and how such local enhancements should categorically be incorporated into the statewide adequacy standards.

(d) In no event shall the State, the Department, or the Commission reimburse a district the cost of the element, square footage, building, or facility when the Commission removes the enhancement designation.

History

Effective 2022-02-02

413 State Building Commission

Chapter 1 General Provisions and Administration

Wyo. Code R. 027.0004.1.10152025 § 1 Wyoming State Building Commission

The Wyoming State Building Commission was established by Wyoming Statute § 9-5-101, as amended, and has the powers and duties established in W.S. §§ 9-5-101 through 108.

History

Effective 2025-10-15

Wyo. Code R. 027.0004.1.10152025 § 2 Authority

These rules are promulgated in accordance with the Wyoming Administrative Procedures Act, W.S. § 16-3-101 et. seq.; W.S. §§ 9-5-101 through 9-5-108.

History

Effective 2025-10-15

Wyo. Code R. 027.0004.1.10152025 § 3 Secretary

The administrator of the Construction Management Division of the State Construction Department shall function as Secretary to the Commission.

History

Effective 2025-10-15

Wyo. Code R. 027.0004.1.10152025 § 4 Definitions

The following definitions shall prevail in these rules.

(a) "Agency" means any state office, department, board, council, commission, separate operating agency, institution, or other instrumentality or operating unit of the state unless that entity is specifically exempted from the jurisdiction and authority of the Commission per statute and rules adopted pursuant to statute in accordance with W.S. 9-5-106(a) and 9-5-106(c). Counties, cities, towns, and municipalities are not instrumentalities of the state for the purposes of these rules.

(b) "Alteration" means remodeling, improving, extending, or making other changes to a facility, including the movement of groups of personnel or state agencies between assigned office space, but excluding preventive maintenance repairs. The term includes planning, engineering, architectural work, and other similar actions.

(d) "Business day" means any day other than Saturday, Sunday or a legal holiday in this state as designated in W.S. 8-4-101;

(e) "Capitol Extension" means the underground extension from the Capitol Building to the Herschler building, but does not include the Herschler building from the ground level up.

(f) "Chairman" means the Governor of the State of Wyoming or, upon the Governor's designation, an alternate Commission member.

(g) "Construction Management" means the State of Wyoming, State Construction Department, Construction Management Division.

(h) "Commercial activity" means an activity undertaken for the primary purpose of producing a profit for the benefit of an individual or organization organized for profit. Activities incidental to the primary purpose of expressing ideas or advocating for or against causes are not commercial activities for purposes of these rules.

(i) "Commission" means the Wyoming State Building Commission.

(j) "Concealed carry" or "Concealed firearm" means the carrying of a firearm in a manner where the firearm is not visible to others or otherwise hidden from the ordinary view of another person.

(k) "Constitutional Carry" means the carrying of a Concealed firearm in a manner conforming with the provisions of W.S. § 6-8-104(a)(iv).

(l) "Contract security officer" means a person hired to provide security in any public building and includes persons hired to provide security at events, but does not include such a person when he or she is off duty and is not actively working in his or her capacity as a contract security officer.

(m) "Cost replacement value" or "CRV" means the amount that an agency would have to pay to replace an asset at the present time, according to its current worth.

(n) "Current appraised value" means the value of State-owned real property as assessed by a professional real estate appraiser within twelve (12) months of the intended disposition of the real property.

(o) "Dangerous weapon" means all items described in W.S. § 6-1-104 (a)(iv) and any other implement or device capable of being used as a deadly weapon that has no reasonable use related to government business. Ordinary pocket knives not exceeding seven (7) inches in overall length when open are not considered a dangerous weapon under this rule.

(p) "Emergency" includes, but is not limited to, bombings and bomb threats, civil disturbances, fires, explosions, electrical failures, epidemics, loss of water pressure, chemical and gas leaks, medical emergencies, tornadoes, floods, winter storms, accidents, hail storms, and earthquakes.

(q) "Public Event" includes protests, picketing, speechmaking, marching, holding vigils or religious services, press conferences, historical reenactments, celebrations, entertainments, exhibitions, parades, fairs, pageants, sporting events, and all other similar activities that involve the communication or expression of views or ideas, that are engaged in by one or more persons, the conduct of which has the effect, intent, or propensity to draw a crowd or onlookers. "Public Event" also includes a temporarily attended or unattended display presented by members of the public, including, but not limited to, sculptures, photographs, public interest demonstratives, public service, and educational presentations, and historic displays. "Public Event" does not include casual use of State Capitol Properties by visitors or tourists, governmental use by State employees or elected officials acting in their official capacities, including members of the legislature, nor Primarily Personal Events such as weddings, funerals, private receptions, and birthday parties.

(r) "Fair market value" means the estimated price on the open market that a purchaser would be warranted in paying and a seller justified in accepting provided both parties were fully informed and acted intelligently, independently, and voluntarily.

(s) "General Services" means the State of Wyoming, Department of Administration and Information, General Services Division.

(t) "General Services Administrator" means the administrator of the General Services Division of the Department of Administration & Information.

(u) "General Services Purchasing Section" means the State of Wyoming, Department of Administration and Information, General Services Division, Purchasing Section.

(v) "Life cycle cost" is the total cost of owning, operating, and maintaining a building over its useful life, including its fuel and energy costs, determined by systematically evaluating and comparing alternative building systems. In the case of leased buildings, the life cycle cost shall be calculated over the effective remaining term of the lease.

(w) "Maintenance" means the upkeep of property only to the extent necessary to offset deterioration. Maintenance includes:

(i) Maintaining utility systems (such as electrical systems, water supply and sewage systems, heating, and plumbing), doors, windows, walls, roofs, parking lots, sidewalks, landscaping, building foundations, signage, walls, and air-conditioning equipment;

(ii) Maintaining equipment and fixtures necessary for fire protection;

(iii) Addressing the interim tenants' needs, and needs of personnel employed at the site; and

(iv) Addressing any special or particularized requirements for preserving certain types of equipment unique to the facility.

(x) "Major maintenance" means "major building and facility repair and replacement" as that phrase is defined in W.S. § 9-5-107(h).

(y) "Management" means safeguarding the State's interest in property in an economic manner consistent with best business practices.

(z) "Nationally recognized standards" encompasses any standard or modification thereof that has been adopted and promulgated by a nationally recognized standards-producing organization.

(aa) "Nonprofit organization" means an organization identified in 26 U.S.C. § 501(c).

(bb) "Occupant agency" means an agency authorized to own or occupy a facility that is under the Commission's statutory jurisdiction. For common areas, such as meeting rooms and lobbies, in buildings with more than one occupant agency, A&I is deemed the occupant agency. The Legislative Service Office and Judicial Council may assume the rights and authorities of an occupant agency or an agency for purposes of Public Events permitted in accordance with Chapter 6 of these Rules.

(cc) "Open carry" means the carrying of a firearm in a manner where the firearm is fully or partially visible to others. For the purposes of these rules, partially visible includes, but is not limited to, firearms in holsters, scabbards, or slings.

(dd) "Permitted carry" means the carrying of a cConcealed firearm with a permit issued pursuant to W.S. § 6-8-104(a)(ii) or (iii).

(ee) "Primarily Personal Event" means any event that is inherently of a primarily private nature or one to which the general public is not invited. This includes, but is not limited to, weddings, funerals, private receptions, and birthday celebrations. "Primarily Personal Event" does not include events hosted by private parties for the benefit of governmental parties, but which are not open to the general public.

(ff) "Protection" means providing adequate measures to prevent and extinguish fires, special inspections to determine and eliminate fire and other hazards, and guards to protect property against theft, vandalism, and unauthorized entry.

(gg) "Public area" means any area of a public building under the Commission's control and custody and any area of a public building occupied by the Legislature or Judiciary to the extent the legislative Management Council or Judicial Council has concurred per W.S. 9-6-106(d)(i)-(ii) that is ordinarily open to the public or is designated by the occupant agency as open to members of the public pursuant to Chapter 6 § 12 of these rules. Examples may include lobbies, courtyards, auditoriums, and meeting rooms.

(hh) "Public building" means any building that is subject to the jurisdiction of the Commission, including buildings that the State leases or acquires under General Services' leasing and purchasing authority and facilities occupied by the Legislature and Judiciary to the extent the legislative Management Council or Judicial Council has concurred per W.S. § 9-5-106(d)(i)-(ii).

(ii) "Public-owned building" means any Public building that is owned by the State of Wyoming, including facilities occupied by the Legislature and Judiciary to the extent the legislative Management Council or Judicial Council has concurred per W.S. § 9-5-106(d)(i)-(ii). Public-owned building does not include buildings that the State leases under General Services' leasing authority, spaces in Public-owned buildings which are subject to a lease to a private party, spaces identified under W.S. 6-8-104(t), or spaces identified under W.S. 6-8-105(d)(iv)-(vi).

(jj) "Real property" means any interest in land together with the improvements, structures, and fixtures located thereon and appurtenances thereto under the control of any agency that occupies a building subject to the Commission's rulemaking authority for operating, managing, and using public buildings under W.S. § 9-5-106(a).

(kk) "Repairs" means additions or changes necessary to protect and maintain property, deter or prevent excessive or rapid deterioration or obsolescence, and restore property damaged by storm, flood, fire, accident, earthquake, or other incident, and does not include demolition.

(ll) "SCD" means the State of Wyoming, State Construction Department.

(mm) "Secretary" means the administrator of the Construction Management Division of the State Construction Department.

(mm) "Security Personnel" means any persons employed by, under contract with, or on loan to the State of Wyoming to provide security services to Public buildings, including but not limited to Wyoming Highway Patrol, Contract security officers, and other peace officers.

(nn) "State Capitol Properties" means the Capitol Complex as that term is defined in W.S. § 9-5-101(e)(i), the Emerson Building, and the related parking lots and parking facilities with each separate location being referred to as a "State Capitol Property."

History

Effective 2025-10-15

Wyo. Code R. 027.0004.1.10152025 § 5 Administration

With the Commission's approval, the Secretary or General Services Administrator may sign the Commission's contracts, agreements, memoranda of understanding, or other documents on behalf of the Chairman.

History

Effective 2025-10-15

Wyo. Code R. 027.0004.1.10152025 § 6 Charges for producing public records

The Commission hereby incorporates by reference the following uniform rules:

(a) Chapter 2 - Uniform Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records adopted by the Department of Administration and Information and effective on September 6, 2016, found at: http://rules.wyo.gov.

(b) For these rules incorporated by reference:

(i) The Commission has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;

(ii) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (a) of this section; and

(iii) The incorporated rules are maintained at the SCD's office and are available for public inspection and copying at the same location.

History

Effective 2025-10-15

Wyo. Code R. 027.0004.1.10152025 § 7 Naming of public buildings

The Commission may, after soliciting public comment and by resolution passed by the majority of its members, name any new public building constructed or otherwise acquired by the State or rename any public building currently owned by the State.

History

Effective 2025-10-15

Chapter 2 Meetings and Hearings

Wyo. Code R. 027.0004.2.02092022 § 1 Authority

The State Building Commission, pursuant to Wyoming Statutes § 9-5-107(f) and § 9-5-108(b)(ii), is authorized to promulgate rules establishing its procedures for holding public meetings and hearings and for receiving public comments at its meetings and hearings.

History

Effective 2022-02-09

Wyo. Code R. 027.0004.2.02092022 § 2 Minutes

Summary minutes of public meetings and public hearings shall be prepared under the supervision and direction of the Secretary, submitted at the next meeting of the Commission for approval, and upon Commission approval, signed by the Chairman and the Secretary. The minutes shall reflect any action taken by the Commission and shall include the verbatim language of any motion or motions that passed by majority vote of the Commission at the meeting.

History

Effective 2022-02-09

Wyo. Code R. 027.0004.2.02092022 § 3 Public meetings

The following govern the time, place, and manner of all public meetings held by the Commission pursuant to W.S. § 9-5-107(f). The Commission shall hold a regular meeting on the second Wednesday of January, April, July, and October at 8:00 A.M. The location of the meeting shall be posted on the Commission's website. The Commission may, by resolution passed by the majority of its members, reschedule an upcoming regular meeting.

History

Effective 2022-02-09

Wyo. Code R. 027.0004.2.02092022 § 4 Public hearings

The following provisions govern the time, place, and manner of all public hearings held by the Commission pursuant to W.S. § 9-5-108(b)(ii).

(a) Membership present. The Chairman or, if the Chairman is not present, another member designated by the Chairman shall preside over the public hearing. The Secretary or his designee shall attend the hearing.

(b) Notice of hearing. After the Commission establishes an appropriate time and place for a hearing called under W.S. § 9-5-108(b)(ii), the time and place shall be posted on the Commission's website. The notice shall contain sufficient detail to inform interested parties of the date, time, location, and subject of the hearing and shall be published not less than once each week for three weeks before the hearing.

(c) Conduct of hearings. At the hearing, any person shall be allowed to present evidence, comments, or opinions. The hearing shall not be a contested case under W.S. § 16-3-101(a)(ii). The Chairman or his designee shall conduct hearings according to his discretion.

(i) After all interested parties have been offered the reasonable opportunity to be heard or the Chairman concludes that sufficient evidence, comments, and opinions have been received for the Commission to make an informed decision, the Chairman shall declare the hearing closed and excuse all witnesses or interested parties; and

(ii) The Chairman may declare that the matter is taken under advisement. At the discretion of the Commission, it may decide the issue immediately or announce its decision at a later date.

(d) Record of hearing. The record of all hearings shall include all formal and informal notices; reported or recorded testimony and exhibits received or considered, including matters officially noticed; and any other pertinent data.

History

Effective 2022-02-09

Chapter 3 Construction of State Buildings

Wyo. Code R. 027.0004.3.02092022 § 1 Authority

These rules address the SCD's responsibility to administer State construction pursuant to Wyoming Statute § 9-2-3004(a) and the Commission's authority to conduct state capital construction needs and priority assessments under W.S. § 9-5-107.

History

Effective 2022-02-09

Wyo. Code R. 027.0004.3.02092022 § 2 Purpose

This Chapter establishes standard processes and procedures that apply to the prioritization of construction, renovation, and major maintenance needs of current state buildings; the statewide and building specific production of master plans to govern future construction, renovation, and major maintenance needs; and the management of construction, renovation, and major maintenance projects designed to address those needs.

History

Effective 2022-02-09

Wyo. Code R. 027.0004.3.02092022 § 3 Prioritization criteria for the construction, renovation, and major maintenance needs of state buildings

Construction Management shall prioritize all statewide requests every other year prior to the budget session of the Wyoming Legislature, with the exception of community college requests which shall be prioritized on an annual basis in accordance with the community college commission's prioritization of construction needs under W.S. 21-18-225(d). Construction Management shall generate a current fiscal year list of all proposed construction, renovation, and major maintenance projects. Construction Management shall prioritize potential construction, renovation, and major maintenance projects in accordance with critical needs, strategic requirements, and agency priorities.

(a) Critical needs. Construction, renovation, and major maintenance requests are critical needs if the project is one that requires action in the current or subsequent legislative session. Critical needs construction, renovation, and major maintenance projects are:

(i) Life safety emergencies. Situations where immediate dangers to life or safety exist and corrective actions are urgent and unavoidable;

(ii) Asset preservation. Situations where work should be done to prevent asset deterioration, such as water intrusion;

(iii) Legal liabilities. Situations with known liabilities where legal citations imposing corrective actions or fines shall be imposed unless immediate actions are taken. Legal Liabilities must be substantiated by reports or other documents detailing the liabilities currently pending; and

(iv) Prior binding commitments. Projects that require action in the current legislative session due to previous legislative action that created a binding commitment.

(b) Strategic requirements. Each agency shall prioritize its projects as it submits those projects to Construction Management. Construction Management shall utilize these agency-level prioritizations when developing a statewide prioritization of projects, which shall be based upon each project's relation to future strategic needs and values as identified by the Commission. Strategic requirements construction, renovation, and major maintenance criteria are to be weighted by Construction Management according to the following factors:

(i) Safety concerns. This factor considers whether the request addresses safety issues that do not meet the critical criteria;

(ii) Strategic linkage. This factor considers the relationship between the proposed project and the agency's strategic plan; and

(iii) Statewide significance. This factor considers the geographic dispersion of the benefit, i.e., whether the project benefits the entire state and its citizens, a particular region or the state, or primarily a local community.

History

Effective 2022-02-09

Wyo. Code R. 027.0004.3.02092022 § 4 Statewide real property master plan

Construction Management shall establish a statewide real property master plan for all building construction, renovation, and major maintenance requirements for a twenty-five (25) year period. Construction Management shall:

(a) Update the real property master plan every five (5) years or more often, as appropriate;

(b) Submit the real property master plan to the Legislature annually;

(d) Include the following in developing the statewide real property master plan:

(i) The overall real property plan for agencies;

(ii) Data collection and analysis from all agencies;

(iii) Construction and renovation goals and objectives for all agencies;

(iv) Possible alternatives to planned construction and renovation projects;

(v) Implementation of the statewide real property master plan; and

(vi) Management of the construction, renovation, and major maintenance programs and projects conducted pursuant to the statewide real property master plan, as well as annual reporting on ongoing programs and projects to the Commission and the Legislature.

History

Effective 2022-02-09

Wyo. Code R. 027.0004.3.02092022 § 5 Agency-level master plans

Each occupant agency shall prepare an agency-level master plan, which includes the lifecycle cost analysis for each state-owned building it occupies in consultation with Construction Management. Each agency-level master plan shall consider:

(a) Initial costs associated with the building, including any purchase, acquisition, and construction costs;

(b) Relationships between the projects and the occupant agency's strategic plan;

(d) The occupant agency's overall priority ranking of the projects;

(e) Each building's utility costs and whether the contemplated projects might save utility costs through increased efficiency;

(f) Life cycle costs associated with each building based on its age, location, and condition;

(g) History of maintenance, repair, and adaptive re-use or repurposing of current state assets for new uses;

(h) Any proposed projects' potential to produce operating savings or efficiencies;

(i) Demolition and disposal costs associated with the building;

(j) Replacement and refurbishment costs associated with the building;

(k) Furniture, fixtures, and equipment costs associated with the building;

(l) Any finance charges and loan interest payments associated with the building;

(m) Percentage of non-state funding, private contributions, or matching funds that can be applied to project costs; and

(n) Environmental or remediation costs associated with the building.

History

Effective 2022-02-09

Wyo. Code R. 027.0004.3.02092022 § 6 Emergency construction and renovation projects

Upon a showing that an emergency exists requiring immediate attention, the Secretary may approve construction or renovation projects intended to remediate the emergency situation without Commission approval.

(a) After exercising this authority, the Secretary shall report to the Chairman on the construction, renovation, or major maintenance project carried out and the funds expended as soon as practicable, but in any event he or she shall make this report prior to the next public meeting of the Commission. The Secretary shall make a similar report to the Commission at the next public meeting.

History

Effective 2022-02-09

Wyo. Code R. 027.0004.3.02092022 § 7 Management of construction, renovation, and major maintenance projects

Construction Management shall manage all construction, renovation, and major maintenance projects in accordance with nationally recognized standards for construction management. The scope of each individual construction project shall be managed in accordance with the terms of the agreement implementing the project.

History

Effective 2022-02-09

Wyo. Code R. 027.0004.3.02092022 § 8 Needs assessments

In coordination with the occupant agency, Construction Management shall develop five-year (5-year) needs assessments specifying construction, renovation, and major maintenance needs and requests.

(a) Construction Management shall prioritize all statewide requests each year. Construction Management shall generate a list of construction, renovation, and major maintenance projects for the five (5) year period, including the current fiscal year. Construction Management, in consultation with General Services, shall include an evaluation of impacts that projects shall have on current or future leasing needs. Construction Management's evaluation shall include a review of leasing contract boilerplate language to be certain that any new leases signed require the property owner to pay for building repairs.

(b) On or before November 1st of each year and based upon the needs assessment, the Commission shall establish and prioritize construction, renovation, major maintenance, and leasing needs. It shall identify and prioritize potential projects to be studied and that may be included in the Wyoming public buildings construction program. The Commission shall prioritize construction, renovation, and major maintenance needs for the entirety of the five (5) year period covered in the most recent five (5) year needs assessment, including the current fiscal year.

(c) On or before November 1st of each year, the Commission shall provide needs assessments to members of the Legislature.

History

Effective 2022-02-09

Wyo. Code R. 027.0004.3.02092022 § 9 Agency reporting of construction, renovation, and major maintenance needs

Annually, or more often as the need arises, each agency subject to the Commission's authority under W.S. § 9-5-107(e) and each community college district shall assess its building and facility systems. Assessments shall determine whether the agency or community college district needs for construction, renovation, or major maintenance projects for the purpose of addressing capacity issues or reducing the life cycle cost of a building the agency or community college occupies. Community college assessments shall only include buildings providing educational programs that comprise the statewide college system strategic plan. Buildings funded exclusively through community college generated revenues, such as student housing, student unions, and auxiliary service areas, are excluded from assessments. Each agency and community college shall submit its assessment to Construction Management for review.

History

Effective 2022-02-09

Wyo. Code R. 027.0004.3.02092022 § 10 Standard contracts

Construction Management shall prepare templates for all construction, renovation, and major maintenance agreements and shall submit these templates to the Attorney General's Office for approval. Following approval by the Attorney General's Office, Construction Management shall use these templates for all such agreements, and shall not deviate from these templates without approval from the Attorney General's Office.

History

Effective 2022-02-09

Wyo. Code R. 027.0004.3.02092022 § 11 Major maintenance formula

The Commission shall compute major maintenance payments for community colleges according to the following formula: square feet per spatial category multiplied by the CRV multiplied by the percentage of the CRV necessary to maintain a building in at least fair condition equals the major maintenance total for that spatial category of square footage. The Commission shall add together the totals for each spatial category applicable to the entity for a total major maintenance request for the entity.

(a) Spatial categories. No agency shall employ more than seven applicable spatial categories. The Commission shall use the following spatial categories for calculating gross square footage per entity:

(i) State facilities:

(A) Auditoriums;

(B) Classrooms, libraries, and offices;

(D) Support facilities;

(E) Power plant;

(F) Special use; and

(G) Hospital.

(ii) University of Wyoming and Community Colleges:

(A) Auditoriums;

(B) Classrooms, offices, and residential;

(D) Support facilities;

(E) Power plant;

(F) Library; and

(G) Gymnasium.

(b) Current Replacement Value (CRV). The Commission shall use the CRV figure as adjusted by the Economic Analysis Division of A&I.

History

Effective 2022-02-09

Chapter 4 Operation, Management, and Use of Public Buildings

Wyo. Code R. 027.0004.4.10152025 § 1 Authority

The State Building Commission, pursuant to Wyoming Statute §§ 9-5-106(a) and 9-5-107, is authorized to promulgate rules and regulations relative to the operation, management, and use of public buildings.

History

Effective 2025-10-15

Wyo. Code R. 027.0004.4.10152025 § 2 Purpose

This Chapter describes the general procedures relevant to the operation, management, and use of public buildings; authorizes General Services to promulgate policies that shall bind all agencies to which these rules apply for the operation, management, and use of public buildings; and provides exceptions to these rules and General Services' policies for particular buildings.

History

Effective 2025-10-15

Wyo. Code R. 027.0004.4.10152025 § 3 State facility management

Agencies shall manage, operate, and use public buildings in a manner that provides for quality space and services consistent with their operational needs and accomplishes overall government objectives. Buildings and building systems management, operation, and use must:

(a) Be cost effective and energy efficient;

(b) Be adequate to meet the agency's missions; and

(c) Be conducted in an appropriate manner to maintain and preserve the building and building systems, consistent with available funding.

History

Effective 2025-10-15

Wyo. Code R. 027.0004.4.10152025 § 4 Operation, management, and use policies and procedures

(a) General Services shall adopt operation, management, and use policies (General Services policies). All agencies and their employees shall comply with the adopted General Services policies.

(b) Each occupant agency shall annually train its employees to ensure they have an awareness and understanding of the General Services policies.

(c) Occupant agencies may develop policies to address requests by another agency or government entity to use their facilities. General Services shall develop use policies for common spaces, such as meeting rooms and lobbies, in public buildings occupied by more than one agency to ensure agencies and other branches of State Government fair and equitable access to such spaces, including events put on by private parties for governmental parties, but which are not open to the general public.

(d) Exemptions. All exemptions from this Chapter must be requested in writing for prior approval from the General Services Administrator or designee. The General Services Administrator shall approve or deny all requests in writing.

History

Effective 2025-10-15

Wyo. Code R. 027.0004.4.10152025 § 5 Occupancy, use, repair, and maintenance or construction projects in public buildings

(a) The Commission's Chapter 6 rules govern the use of those portions of public buildings subject to Commission control and regulation.

(b) All rents resulting from occupancy of the Capitol Complex shall be collected by General Services and paid into the general fund.

(c) All proposed construction or renovation projects shall be reviewed and approved by the Commission, the Governor, the State Treasurer, State Historic Preservation Office, General Services, and SCD before beginning any work. Except for emergency maintenance, the Commission shall not approve any construction or renovation project that amounts to architectural or structural alteration to the Capitol Building or grounds without providing notice to the management council of the Legislature and without a legislative session convening and adjourning after notice was provided to the management council.

(d) Security in the State Capitol Properties shall be provided by the Wyoming Highway Patrol, Division O, and contract security officers. Security may be provided in all other public buildings by contract security officers.

(e) Persons who reasonably appear to pose a threat to themselves, the general public, or the occupants of a public building shall be denied access to the public building and may be escorted from the grounds according to the discretion of the persons providing security to that public building.

(f) Except as otherwise provided herein, and subject to the restrictions set forth in subsection 5(i) of this Chapter, no dangerous weapon may be carried in Public-owned buildings, except those lawfully carried by:

(i) Peace officers, including Security Personnel engaging in Open carry or Concealed carry, and

(ii) Individuals lawfully engaging in Permitted carry or Constitutional carry in compliance with all other applicable laws and regulations.

(g) Security Personnel are authorized to request that any persons carrying a dangerous weapon in a public building relinquish the weapon for failure to comply with applicable law or regulation, or unsafe behavior. The weapon shall be returned to the person when he or she leaves the public building, unless Security Personnel have probable cause to detain either the person or the weapon. If a person carrying a dangerous weapon refuses to relinquish the weapon to Security Personnel, that person shall be denied access to the public building.

(h) A person who carries a Concealed firearm is solely responsible for any injury or property damage involving the firearm. Nothing contained herein shall be construed as a waiver of the State's sovereign immunity.

(i) Nothing contained herein shall be construed to allow the carrying of a weapon, open or concealed, into facilities where the carrying of firearms is otherwise prohibited by law or contract. These rules apply to Public-owned buildings and Public buildings that are held subject to lease to the extent that the lessor agrees to allow Constitutional carry or Permitted carry in that Public building. To the extent that carrying a weapon in certain Public buildings, or in some areas of Public buildings, is or may be prohibited by law, the entry to said facilities, or areas within those facilities, shall be clearly marked.

History

Effective 2025-10-15

Wyo. Code R. 027.0004.4.10152025 § 6 Legislative and judicial facilities; agencies with independent statutory authority for the operation, management, and use of public buildings

This Chapter of the Commission's rules shall apply to facilities occupied by the Legislature or the members thereof to the extent the legislative management council specifically concurs under W.S. § 9-5-106(d)(i), and facilities occupied by the judiciary or the members thereof to the extent the judicial council specifically concurs under W.S. § 9-5-106(d)(ii). To the extent that the judiciary, including federal judiciary, utilizes a Public building, as a courtroom in accordance with W.S. 6-1-104(a)(xvi), the space so used shall be considered a courtroom within the meaning of W.S. 6-8-104(t)(iii) during such use by the judiciary. This rule shall be subject to any memoranda of understanding or other agreements entered into between the Commission and the legislative management council under W.S. § 9-5-106(f) with regard to the Capitol Complex. For those rooms or facilities with joint executive and legislative control, any agency, State employee, or elected official shall inform General Services of its intent to utilize the space. General Services shall ensure that legislative uses shall take priority if there is a conflict between a requested use by an agency, State employee, or elected official. The Commission's rules shall apply to facilities occupied by any agency assigned the operation, management, and use of a public building under W.S. § 9-5-106(a), unless that agency adopts rules that are different from and inconsistent with those of the Commission.

History

Effective 2025-10-15

Wyo. Code R. 027.0004.4.10152025 § 7 Emergency closure of State buildings

In the event of an emergency or a public health order encouraging social distancing, the General Services Administrator shall, in consultation with the Governor's Office, have the authority to close state buildings to the public until such time as they can safely be reopened. The Commission shall have the authority to overrule such closures by a majority vote.

History

Effective 2025-10-15

Wyo. Code R. 027.0004.4.10152025 § 8 Policies to enforce public health emergency orders

When a public health emergency has been declared, the Secretary, in consultation with the Governor, may adopt, and General Services may administer and enforce a policy in conformity with any County health order for as long as that County health order remains in effect. Any policy adopted by the Secretary shall be promptly communicated to the members of the Commission and subject to ratification at the next Commission meeting to remain in effect.

History

Effective 2025-10-15

Chapter 5 Purchase, Disposition, and Leasing of Real Property

Wyo. Code R. 027.0004.5.03132026 § 1 Purpose

This Chapter delineates the process through which General Services may purchase and dispose of State real property, including buildings. This Chapter also addresses the process through which General Services obtains leases for real property for State use and through which it may lease State-owned real property to public, private, or governmental entities.

History

Effective 2026-03-13

Wyo. Code R. 027.0004.5.03132026 § 2 Purchase of real property

State purchase of privately-owned or federally-held land or buildings for State purposes shall proceed according to the following rules:

(a) Before purchasing real property for any state purpose, agencies shall, through the Commission, determine if suitable state-owned property is available.

(i) The agency desiring to purchase property shall provide General Services and the Commission with a written proposal to purchase property before initiating any purchase. If the agency is to be the ultimate owner of the property, the proposal shall include an explanation of the agency's authority to purchase and own the property.

(ii) General Services shall assess this proposal and determine if suitable state-owned property is available. Written notification of General Services' determination shall be provided to the agency and the Commission.

(iii) If General Services determines that suitable state-owned property is available, the Commission may direct the agency to begin negotiating the purchase or lease of the property with the agency currently owning or otherwise legally controlling the property and General Services.

(iv) If General Services determines that suitable state-owned property is not available or if the purchasing agency and the agency currently owning or otherwise legally controlling the property cannot agree to terms for purchase or lease of state-owned property, the Commission may grant permission to General Services and the purchasing agency to begin negotiating the purchase or lease of private property.

(b) Approving purchases. Purchasing any property shall require the Commission's formal approval before the purchase. General Services, with the Commission's approval, may purchase or take options to purchase real property for future State use. General Services may lease acquired property to a non-state entity, in accordance with Chapter 3, Section 4(e) of these rules, until such time as the State chooses to use it.

(c) Purchase of land owned by school districts. Following the Commission's approval, General Services, on behalf of the State, may take ownership of land owned by a school district in a transaction with no consideration or nominal consideration.

(d) Land exchanges. The Commission may complete land exchanges as authorized in Chapter 3, Section 3(c) of these rules.

(e) Ownership. Unless an agency has independent statutory authorization or other legal authority to purchase and retain title to real property in its own name, General Services shall have ownership of all real property and buildings purchased or constructed. General Services shall report all purchase and title information to the Office of State Lands and Investments via the Uniform Real Property Reporting System (URPRS).

History

Effective 2026-03-13

Wyo. Code R. 027.0004.5.03132026 § 3 Real property disposition

If real property exceeds forty (40) acres in one (1) tract or is valued at fifteen thousand dollars ($15,000.00) or more, and General Services determines it should dispose of the property, it shall do so according to the following rules:

(a) Public sale. Property may be offered for public sale by any of the following methods as determined by the General Services Purchasing Section.

(i) Public auction. Notice shall be given by advertising in at least one newspaper of general circulation in the county where the land is located for a minimum of one time per week for three consecutive weeks before the auction. This notice shall contain the location of the property; the date, time, and place of sale; the conditions of sale; and the persons to contact to inspect the property.

(ii) Sale by sealed bid. Notice of sale shall be given by advertising in at least one newspaper of general circulation in the county where the land is located for a minimum of one time per week for three consecutive weeks before the advertised date for accepting bids. Notice shall contain the location of the property; the person to contact to inspect the property; the date by which bids must be submitted; the place where bids must be submitted; and the conditions for sale. The General Services Purchasing Section shall receive and open the bids.

(iii) Sale through listing with a real estate agent or agency. If the Commission approves, real property may be disposed of through listing with a private real estate agent or agency. Real estate agents and agencies shall be selected through a competitive bid process, and all sales of real property listed with private real estate agents or agencies shall be public sales.

(b) If the property does not receive an offer at, or above, the current appraised value, the Commission shall not approve a sale of the property. The Commission may authorize the General Services Administrator, in consultation with the Secretary, to engage in negotiations with the party, if any, that made the highest offer for purchase of the State-owned real property provided that the minimum offer acceptable to the State is the current appraised value of the real property.

(c) Exchange for property of equal or greater current appraised value. The Commission may offer or receive offers to exchange a parcel or parcels of land held by a private owner, local government entity, or federal governmental entity for State-owned property. Before the Commission approves an exchange, the current appraised value of the property to be exchanged with State property shall be ascertained through a real estate appraisal and all other due diligence shall be performed. In the event a person or entity petitions the Commission for approval of a land exchange, that person or entity shall pay the cost of the necessary real estate appraisal. If the property to be exchanged meets or exceeds the current appraised value of the State-owned property and the Commission approves both the acquisition of the exchange property and disposal of the State property, General Services shall complete the exchange.

History

Effective 2026-03-13

Wyo. Code R. 027.0004.5.03132026 § 4 General Services Division to serve as leasing agent

Pursuant to Wyoming Statute § 9-2-1016(b)(xix), General Services shall lease all property for the State.

(a) Approval of lease. When reviewing or executing potential leases, General Services shall utilize a matrix approved by the Commission. The matrix shall include thresholds distinguishing between different categories of leases and shall identify the approval or reporting procedures applicable to each category. General Services may hire a professional property management firm to manage the lease of any given buildings or buildings leased for State use. General Services shall seek the Commission's formal approval before leasing State-owned real property for use by any other governmental entity or private party. In the event that General Services leases State-owned property, General Services may contract for the management of that leased property for future use; and may pay tax assessments, as applicable, to the appropriate county from the proceeds of the lease income.

(b) General Services may lease real property for State use through the following methods:

(i) Leasing of facilities on a competitive basis. Leasing conducted on a competitive basis shall be done using a formal "Request for Proposal" (RFP) process. In addition to any other forms of notice chosen by General Services, notice of RFPs shall be given according to the applicable statute governing procurement in the amount sought and shall be advertised accordingly. Notice shall include description of space needs and other facility requirements. General Services shall receive, and open, and evaluate proposals.

(ii) Leasing facilities through non-competitive negotiations. Leasing may be conducted and leasing contracts initiated through non-competitive negotiations if the General Services Administrator determines in writing that competitive bidding is not feasible or if the potential lessor is a governmental agency.

(i) Initiate all RFPs for leased space;

(ii) Serve as primary contact with lessors with regard to all leasing related issues; and

(iii) Initiate and process all contract documents and lease payments.

(d) General Services shall lease facilities for agencies. Agencies shall reimburse General Services for all lease payments. Agencies shall pay any additional costs if a lease is terminated early. General Services shall not accept responsibility for day-to-day administration and janitorial and maintenance activities for agencies.

(e) General Services may lease State-owned real property to a private owner, local government, or federal governmental entity for fair market value if the Commission determines that the State or its agencies do not need the State-owned property during the term of the proposed lease.

(f) For each privately-owned building held subject to lease for use as a Public building, General Services shall endeavor to negotiate in all new leases or lease renewals the allowance for Concealed carry in said Public building, as specified in Chapter 4, Section 5(f)(ii) of these Rules. This provision shall be read in conformance with W.S. 6-8-105(d)(i) and (ii).

History

Effective 2026-03-13

Wyo. Code R. 027.0004.5.03132026 § 5 General Services to act as leasing agent for agencies

Unless otherwise authorized by statute or these rules, no agency may initiate negotiations to sign a lease agreement without General Services' approval. Agencies may not sign lease agreements or other agreements that bind the State to future payments for the leasing of real property. General Services shall be the named lessee under lease agreements and shall administer those agreements, manage the leased real property, and communicate with lessors on behalf of the State and any occupant agencies. Agencies occupying real property leased by General Services shall not communicate directly with the property's lessors without General Services' approval about the terms and conditions of that lease unless the communication is emergency-related, in which case the occupant agencies shall also promptly notify General Services of the emergency and, if possible, copy General Services on the communication. The agency occupying leased space shall be responsible to pay any costs incurred on a lease modified and executed without the necessary approvals until such time as a lease agreement acceptable to General Services and the Attorney General's Office is signed.

History

Effective 2026-03-13

Wyo. Code R. 027.0004.5.03132026 § 6 Standard contracts

General Services shall prepare templates for purchase, disposition and lease agreements and shall submit these templates to the Attorney General's Office for approval. Following approval by the Attorney General's Office, General Services shall use these templates for all such agreements, and shall not deviate from these templates without approval from the Attorney General's Office.

History

Effective 2026-03-13

Chapter 6 Occasional Use of Public Buildings

Wyo. Code R. 027.0004.6.03192025 § 1 Authority

The Commission is authorized pursuant to Wyoming Statute § 9-5-106(a) to adopt rules and regulations relative to the operation, management and use of all public buildings. These rules shall be administratively implemented by the Secretary of the Commission per W.S. § 9-5-106(b) in coordination with the General Services Administrator.

History

Effective 2025-03-19

Wyo. Code R. 027.0004.6.03192025 § 2 Purpose

This Chapter is designed to be implemented by agencies to provide maximum public access and enjoyment of state buildings while protecting state assets and limiting detrimental effects of public use on the performance of government functions. This Chapter shall be interpreted at all times in a content-neutral manner consistent with the Wyoming and United States Constitutions and other applicable law; and in a manner consistent with executed leases for leased facilities to the extent practicable.

History

Effective 2025-03-19

Wyo. Code R. 027.0004.6.03192025 § 3 Scope

This Chapter establishes rules and regulations for the occasional use of public areas of public buildings within the jurisdiction of the Commission for events with a public purpose. Agencies assigned the operation, management or use of any building by law shall use these rules unless the agency acts to adopt different rules under W.S. § 9-5-105(b).

History

Effective 2025-03-19

Wyo. Code R. 027.0004.6.03192025 § 4 Public use of public buildings

(a) Public buildings shall not be used for Primarily Personal Events.

(b) Public buildings shall only be used for Public Events pursuant to a valid permit issued in accordance with this Chapter.

(c) Nothing in this Chapter shall be read to prohibit the casual use of public areas of State Capitol Properties by visitors or tourists, ordinary use by those accessing government services, and governmental use by State officials, employees, or other representatives acting in their official capacities. Lying in state shall be considered a governmental use for the purposes of this Chapter. Events organized by private parties for government parties and to which the public is not invited shall be considered governmental use for the purposes of this Chapter and shall be governed by policies adopted pursuant to Chapter 4 § 4(c) of these Rules, rather than by this Chapter.

History

Effective 2025-03-19

Wyo. Code R. 027.0004.6.03192025 § 5 Application for permit

(a) Any person or organization not affiliated with the State that wishes to use a public area for a Public Event must file an application for a permit with the Secretary. Applications may be found at Construction Management's website. Any agency's use of a public area shall take precedence over any Public Event proposed in a permit application if the agency would use the same public area at the same time as the applicant person or organization not affiliated with the State.

(b) Permit applicants must submit the following information to the extent applicable:

(i) Their full names, mailing addresses, email addresses, and telephone numbers;

(ii) The organization sponsoring the proposed use of the public area;

(iii) The persons responsible for supervising the applicant's use of the public area;

(iv) Documentation showing that the persons completing and submitting that application have authority to represent the applicant sponsoring organization;

(v) A description of the proposed Public Event and related use of the public area, including the location, the dates and times during which they are to be conducted, the number of persons to be involved, and the activities to be conducted as part of the use of State Capitol Property;

(vi) Any request under Section 9(a) and (b) of this Chapter for an occupant agency to provide services for the Public Event beyond those services normally provided at the building during normal hours of building operation;

(vii) Any request under Section 9(c) of this Chapter to make alterations to public areas; and

(viii) Any request under Section 10(e) of this Chapter for permission to distribute, post, or otherwise affix any item.

History

Effective 2025-03-19

Wyo. Code R. 027.0004.6.03192025 § 6 Permits

(a) The Secretary shall issue permits in a timely and expedient manner after receiving the completed applications unless the permit is denied in accordance with Section 7 of this Chapter.

(b) A permit may not be issued more than six (6) months in advance unless the Commission approves doing so. After the expiration of a permit, the Secretary may issue a new permit after an applicant submits a new permit application. In that case, applicants may incorporate by reference all required information contained in the earlier application.

(c) The Secretary shall issue permits on a first-come, first-served, basis when more than one permit is requested for the same area and times.

(d) Before approving a permit application, the Secretary shall coordinate with the General Services Administrator, and, if a permit involves demonstrations or activities that may lead to civil disturbances, the pertinent local law enforcement organization responsible for ensuring safety in the building or community in which the requested activity shall occur. In the event that additional law enforcement personnel are required, the Secretary may require the applicant to pay the cost for these additional personnel as a condition of his approval of the permit request.

(e) The Secretary shall report quarterly to the Commission the permit applications received, approved, or denied since the previous quarterly report from the Secretary. In addition, the Commission may request at any time that the Secretary provide a report of the permit applications received, approved, or denied since the previous report.

History

Effective 2025-03-19

Wyo. Code R. 027.0004.6.03192025 § 7 Disapproving of applications or cancellation or modification of permits

(a) The Secretary shall deny any permit application or cancel an issued permit if:

(i) The applicant fails or failed to submit all information required under Section 4(b) of this Chapter, or the applicant submits or submitted false information;

(ii) The requested use is a commercial activity as defined in Chapter 1, Section 4(g) of these Rules;

(iii) The requested use is a Primarily Personal Event as defined in Chapter 1, Section 4(z) of these Rules;

(iv) The use does or would most likely interfere with public access to the public area; disrupt official State business; interfere with approved uses of the property by tenants or the public as set forth in this rule; damage any property; endanger the health, safety, or welfare of the public; or would otherwise be contrary to law;

(v) The use is intended to or would actually impede any pending judicial proceeding;

(vi) The use is obscene within the meaning of the term obscene as defined in W.S. § 6-4-301(a)(iii) or by the United States Supreme Court pursuant to the United States Constitution;

(vii) The use violates the prohibition against the use of public funds, time, personnel, facilities, or equipment for political or campaign activity in W.S. § 9-13-105(b), unless the use is permitted pursuant to that statute, the Wyoming Constitution, or the United States Constitution;

(viii) The occupying agency denied the applicant's requests under Section 9 of this rule to provide services for the Public Event beyond those services normally provided at the building during normal hours of building operation, or to make Alterations to the public area. Alternatively, the Secretary may grant the permit with conditions related to the denied requests; or

(ix) An existing public health order or emergency declaration is in place that would effectively prohibit the Public Event as requested or a public health order is issued after the Secretary has granted the applicant's request that would effectively prohibit the Public Event as requested. The Secretary shall offer an applicant the opportunity to resubmit the Public Event request with amendments and planned alterations to the proposed Public Event to comply with the public health order or emergency declaration.

(b) The Secretary may reject a permit application if he receives the request less than ten (10) business days prior to the intended use.

(c) In granting a permit application, the Secretary may place conditions on the permit he believes necessary to ensure a permittee's compliance with this rule. If appropriate, the Secretary may grant a permit for a location other than that proposed by the applicant.

(d) The Secretary shall make each determination in a viewpoint and content-neutral manner and without discrimination based on the identity or stated views of the applicant.

(e) Upon denying an application or canceling a permit, the Secretary shall promptly notify the applicant or permittee in writing of the reasons for the action.

(f) If the applicant or permittee disagrees with the denial of a permit application, the cancellation of a permit, or any conditions placed on their permit to use a public area of a public building, and wishes to pursue the matter further, the applicant or permittee shall request the Secretary's reconsideration, in writing, within ten (10) business days from the applicant or permittee's receipt of notice of the application denial, permit cancellation, or issuance of the permit with conditions. The request must state with specificity all grounds for the reconsideration, including an explanation of why the applicant believes the Secretary's initial determination was mistaken.

(g) The Secretary shall issue a written decision within ten (10) business days of receipt of a request for reconsideration. The decision shall constitute a final agency action.

(h) Modification of permits. When necessitated by unforeseen circumstances, the Secretary may modify a previously issued permit to include additional conditions. In lieu of cancellation under Section 7(a)(ix) of this Chapter, the Secretary may modify a previously issued permit to comply with issued public health orders.

History

Effective 2025-03-19

Wyo. Code R. 027.0004.6.03192025 § 8 Schedule and hours of use

(a) The Secretary may reserve certain time periods for using public areas:

(i) For official government business; or

(ii) For maintenance, repair, and construction.

(b) A permittee may use public areas during regular working hours of agencies provided that its use or uses do not interfere with State business.

(c) Certain public areas delineated in the policies adopted pursuant to Section 12 of this Chapter may be available after normal working hours. In considering an application for a Public Event after normal working hours, the Secretary may consider security, administrative, custodial, maintenance, and other logistical concerns. When a permit is issued for a Public Event to take place after normal working hours, occupant agencies must lock, barricade, or identify by signs, as appropriate, all adjacent areas not approved for non-government use in order to restrict permittees' access to approved areas.

History

Effective 2025-03-19

Wyo. Code R. 027.0004.6.03192025 § 9 Services and costs

(a) Occupant agencies may provide to permittees at no cost:

(i) Space; and

(ii) Services normally provided at the building in question during normal hours of building operation, such as security, cleaning, heating, ventilation, and air-conditioning. The occupant agency must approve an applicant's request to provide the applicant's own services, such as security and cleaning, before permit approval.

(b) Permittees shall reimburse occupant agencies for services over and above those normally provided during normal business hours and any additional costs imposed on occupant agencies by virtue of the Public Event's occurrence. Occupant agencies may provide the services free of charge if the cost is insignificant or if the service is in the public interest.

(c) Permittees shall not make Alterations to public areas, except with the prior written approval of the General Services Administrator. Permittees making alterations must ensure the safety of visitors, tourists, State officials, employees and other representatives acting in their official capacities, and prevent damage to property and must restore the building to the condition it was in prior to the alteration or alterations.

(d) Permittees are responsible for furnishing any items that are necessary for the proposed use.

History

Effective 2025-03-19

Wyo. Code R. 027.0004.6.03192025 § 10 Conduct

The Secretary or the head of the occupant agency or designee may revoke a permit for a permittee's failure to comply with the following conduct requirements. A permittee shall:

(a) Not use the public area in violation of the permit and its conditions;

(b) Not misrepresent his or her identity to the public or in a permit application;

(d) Not discriminate on the basis of race, creed, religion, age, color, disability, sex, or national origin in conducting activities related to use of the public area;

(e) Not distribute any item, nor post or otherwise affix any item, for which prior written approval has not been obtained;

(f) Not leave leaflets or other materials unattended in the public area unless the permit specifies that the permittee may do so and then only for the duration specified in the permit;

(g) Comply with General Services' adopted operation, management, and use policies, standards, and guidelines; and

(h) Comply with a directive made by any Security Personnel pursuant to Chapter 4, § 5(g) to relinquish a dangerous weapon.

History

Effective 2025-03-19

Wyo. Code R. 027.0004.6.03192025 § 10 Non-affiliation with the State

Occupant agencies and the Secretary reserve the right to advise the public through signs or announcements that a permittee is present and is not affiliated with state government.

History

Effective 2025-03-19

Wyo. Code R. 027.0004.6.03192025 § 11 Building-specific policies delineating public spaces

An occupant agency may adopt policies on a building-by-building or agency-wide basis to delineate public areas and areas available for occasional public use in the building or buildings it occupies, provided that an occupant agency's policies cannot conflict with this Chapter or the policies of the Commission. The Commission shall adopt the policy for the State Capitol Complex in consultation with the Management Council of the Legislature. Agencies shall not impose permitting restrictions or approval processes in addition to those contained in this Chapter. Agencies shall not discriminate based on the viewpoints of applicants or permittees.

History

Effective 2025-03-19

Wyo. Code R. 027.0004.6.03192025 § 12 Enforcement

Occupant agencies may utilize those persons providing security or contact state or local law enforcement to remove individuals or groups using public areas in violation of this Chapter.

History

Effective 2025-03-19

402 State Construction Rules

Chapter 1 General Provisions

Wyo. Code R. 027.0003.1.04282021 § 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).

History

Effective 2021-04-28

Wyo. Code R. 027.0003.1.04282021 § 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;

(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

(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.

History

Effective 2021-04-28

Chapter 2 Procurement of Professional Services

Wyo. Code R. 027.0003.2.04282021 § 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).

History

Effective 2021-04-28

Wyo. Code R. 027.0003.2.04282021 § 2 Applicability

This chapter applies to agency procurement of professional services regardless of whether the professional services are for a capital construction project. This chapter shall not apply to the procurement of alternative design and construction delivery methods (Chapter 4 of these rules), or the procurement of materials or services using competitive sealed bidding, competitive negotiation, or noncompetitive negotiation (Chapter 3 of these rules).

History

Effective 2021-04-28

Wyo. Code R. 027.0003.2.04282021 § 3 Submission of statements of qualifications

(a) A firm that provides professional services may submit a detailed statement of qualifications and performance data to the Department or an agency that procures professional services. The firm may submit its statement at any time, but in any event shall provide an updated statement at least every two (2) years. In accordance with W.S. 9-23-103(a)(i), the Department shall keep the statements submitted under this paragraph on-file and shall maintain a list of the professional services firms that submitted them. The Department is not required to maintain similar lists or on-file statements of qualifications for services other than professional services.

(b) For a project with a professional services fee estimated by a procuring agency to be fifty thousand dollars ($50,000) or less, the procuring agency may request statements of qualifications in preparation for the specific project.

(c) For a project with a professional services fee estimated by a procuring agency to exceed fifty thousand dollars ($50,000), the procuring agency shall request statements of qualifications by giving notice of the need for professional services in a newspaper of general circulation in the state at least once each week for two (2) consecutive weeks and on the state procurement website for not less than two (2) consecutive weeks prior to initiation of selection procedures in accordance with W.S. 9-23-105. Notices shall:

(i) Generally describe the proposed project; and

(ii) Describe the procedures and requirements to submit a statement of qualifications related to the proposed project.

(d) A statement of qualifications under this section shall include:

(i) A listing of the professional services that the firm believes it is qualified to provide;

(ii) A statement of corporate history;

(iii) Contact information;

(iv) A concise description of relevant past work completed by the firm within the last three (3) years at minimum;

(v) A listing of the professional qualifications held by the firm's staff;

(vi) For a professional services firm claiming to qualify as a "resident firm" under W.S. 9-23-102(a)(vi), a certification in accordance with the requirements of W.S. 9-23-102(a)(vi); and

(vii) Any other information required by the Department or the procuring agency in a notice requesting statements of qualifications.

History

Effective 2021-04-28

Wyo. Code R. 027.0003.2.04282021 § 4 Issuance of requests for proposals (RFPs)

(a) Before issuing requests for proposals, a procuring agency shall obtain or review copies of the Department's on-file statements of qualifications kept by the Department under Section 3(a) of this chapter. The procuring agency is only required to obtain or review the on-file statements from firms with qualifications relevant to the procuring agency's needs.

(b) When choosing firms from whom to request proposals for a project, a procuring agency shall consider both on-file statements of qualifications and statements received in response to a notice requesting statements of qualifications. A procuring agency does not need to consider statements of qualifications from firms that are not qualified to provide the type of professional services being procured. Any firm that fails to provide a resident firm certification for the project in accordance with W.S. 9-23-102(a)(vi) shall be considered to be a nonresident firm.

(i) For completeness;

(ii) To validate firm credentials;

(iii) To determine whether firms are resident firms or nonresident firms; and

(iv) To determine whether firms are qualified to provide the requested professional services.

(d) The procuring agency shall select the firms from whom it shall request proposals in accordance with the following:

(i) If there are three (3) or less qualified resident firms, the procuring agency shall request proposals from all of the qualified resident firms.

(ii) If there are more than three (3) qualified resident firms, the procuring agency shall request proposals from at least three (3) of the qualified resident firms.

(iii) If there are no qualified resident firms, the procuring agency may request proposals from qualified nonresident firms. If there are three (3) or less qualified nonresident firms, the procuring agency shall request proposals from all of the qualified nonresident firms. However, if there are more than three (3) qualified nonresident firms, the procuring agency shall request proposals from at least three (3) of those firms.

(iv) The procuring agency may determine that less than three (3) firms are qualified.

(e) A request for proposal shall contain:

(i) A description of the project scope, the required project timeline, and the desired deliverables;

(ii) Submission procedures and content requirements for technical proposals; and

(iii) Submission procedures and content requirements for the firm's estimated fee.

(f) Notwithstanding subsections (a) through (e) of this section, a procuring agency may forgo requesting firms to provide written proposals and, instead, proceed directly to interviewing firms selected based on their statements of qualification. A procuring agency proceeding under this subsection shall comply with the following:

(i) The procuring agency shall apply the requirements of subsections (a) through (d) of this section and Section 5 of this chapter to evaluate statements of qualifications, select firms for interviews, and conduct interviews;

(ii) An invitation to interview shall contain at least the following:

(A) A description of the project scope, the required project timeline, and the desired deliverables;

(B) Submission procedures, if any, and content requirements for technical presentations; and

(iii) The procuring agency may allow a firm to present its technical proposals and estimated fees at the interview. The procuring agency is not required to have a firm submit a written proposal or the firm's estimated fees prior to the interview.

History

Effective 2021-04-28

Wyo. Code R. 027.0003.2.04282021 § 5 Firm interviews

(a) For professional services fees estimated by the procuring agency to exceed fifty thousand dollars ($50,000), the procuring agency shall interview not less than three (3) firms that provided proposals. However, if the procuring agency determines after reviewing a firm's proposal that the firm is not qualified for the project and should not have received a request for proposal, the procuring agency may reject the proposal and not interview the firm.

(i) Interviews shall be conducted in accordance with W.S. 9-23-105(b).

(ii) The procuring agency shall keep a record of the interview.

(iii) If fewer than three (3) firms submit proposals, the procuring agency may:

(A) Interview all proposing firms;

(B) Solicit for additional proposals before proceeding; or

(iv) If the procuring agency is unsatisfied with the results of the interviews, it may interview not less than three (3) additional firms that provided proposals.

(b) For professional services fees estimated by the procuring agency to be fifty thousand dollars ($50,000) or less, the procuring agency may interview firms that provide proposals.

History

Effective 2021-04-28

Wyo. Code R. 027.0003.2.04282021 § 6 Award of contract

(a) The procuring agency shall consider the factors under W.S. 9-23-105(f)(i) when selecting the firm with which it will begin contract negotiations. The procuring agency also may consider the firms' estimated fees or other factors in making the selection.

(b) If during the selection process the procuring agency determines that a firm that previously claimed to be a resident firm does not actually meet the requirements of W.S. 9-23-102(a)(vi) with respect to the project, the procuring agency shall consider the firm to be a nonresident firm.

(i) Select the most qualified firm, in consideration of all the information provided by the firm, including the firm's estimated fees and the procuring agency's determination of the firm's residency status with respect to the project, for contract negotiations; or

(ii) Reject all proposals. If the procuring agency opts to reject all proposals, it may exercise its discretion to repeat the process from the most appropriate step under the circumstances.

History

Effective 2021-04-28

Wyo. Code R. 027.0003.2.04282021 § 7 Emergency selection

(a) Per W.S. 9-23-105(h), a procuring agency may waive any provision pertaining to firm selection if following the provision would endanger the health, welfare, or safety of the public under the circumstances. The procuring agency shall document the emergency situation necessitating the procurement, the circumstances justifying the waiver, and an explanation of how and why following the waived provision would endanger the health, welfare, or safety of the public. The decision of a procuring agency to waive any provision pertaining to firm selection under this provision is immediately subject to review by the Department Director.

(b) In the event that emergency work is initiated in response to an emergency condition, the procuring agency shall notify the Department by the next business day of, any and all efforts undertaken by the procuring agency to obtain competition, and the emergency condition that justified reliance on this section. The procuring agency, not the Department, is responsible for any notification to Risk Management or other such agencies or entities as may be statutorily required per rules and statutes that apply to the procuring agency.

History

Effective 2021-04-28

Wyo. Code R. 027.0003.2.04282021 § 8 Contract

Upon completion of the selection process, the procuring agency shall negotiate a written contract in the form required by the Department with the selected firm as determined by W.S. 9-23-106 and Chapter 5 of these rules.

History

Effective 2021-04-28

Chapter 3 Procurement by Competitive Bidding, Competitive Negotiation, or Noncompetitive Negotiation

Wyo. Code R. 027.0003.3.04282021 § 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).

History

Effective 2021-04-28

Wyo. Code R. 027.0003.3.04282021 § 2 Applicability

(a) This chapter applies to agency procurement of capital construction project materials and services using a process of competitive sealed bidding, competitive negotiation, or noncompetitive negotiation. This chapter does not apply to the procurement of professional services (Chapter 2 of these rules) or alternative design and construction delivery methods (Chapter 4 of these rules).

(b) The Department Director may authorize the use of federal procedures for military department procurements as allowed by W.S. 9-2-3006(a)(iv).

History

Effective 2021-04-28

Wyo. Code R. 027.0003.3.04282021 § 3 General provisions

(a) The Department reserves the right to use procurement software and related technology to meet any of the requirements of this chapter, including but not limited to opening, noting, and time stamping receipt of bids.

(b) The Department Director may delegate the exercise of the Department's discretion to a procuring agency.

History

Effective 2021-04-28

Wyo. Code R. 027.0003.3.04282021 § 4 Choice of procurement process

(a) A contract for capital construction project materials or services with an anticipated value of fifty thousand dollars ($50,000) or less shall be procured through competitive negotiation per Section 8 of this chapter and W.S. 9-2-3006.

(b) A contract for capital construction project materials or services with an anticipated value in excess of fifty thousand dollars ($50,000) shall be procured through competitive sealed bidding per Sections 9 through 21 of this chapter and W.S. 9-2-3006.

(i) The contract is for professional services or alternative design and construction delivery methods;

(ii) The procuring agency obtains an approved bid waiver under Section 5 of this chapter;

(iii) The procuring agency is procuring the contract to respond to an emergency situation under Sections 5 and 6 of this chapter; or

(iv) The procuring agency is paying for any of the following expenses of a capital construction project: utility fees; legally required permits, licenses, or other governmental approvals; or inter-fund transfers between state agencies.

History

Effective 2021-04-28

Wyo. Code R. 027.0003.3.04282021 § 5 Bid waivers

(a) If the principal representative of a procuring agency determines that competitive negotiation is not feasible for a contract with an estimated value equal to fifty thousand dollars ($50,000.00) or less, the contract may be let by noncompetitive negotiation under Section 7 of this chapter without a bid waiver from the Department or the Governor.

(b) If the principal representative of a procuring agency determines that competitive bidding is not feasible or practical for a contract with an estimated value in excess of fifty thousand dollars ($50,000), the principal representative may submit his or her written determination to the Department and seek approval for the contract to be let by competitive negotiation under Section 8 of this chapter. The Department Director may approve such a bid waiver in accordance with W.S. 9-2-3006(a)(iii) and the following:

(i) A principal representative's written determination and request for approval of competitive negotiation shall be based on factors including, but not limited to:

(A) Whether the procuring agency attempted to advertise for competitive sealed bids, but was unsuccessful despite its good faith attempts under Section 12 of this chapter. If the procuring agency received one or more bids, the agency shall explain why the bids received were inadequate;

(B) Whether competitive sealed bidding is impractical or infeasible due to a lack of competition in the industry;

(C) Whether competitive sealed bidding is impractical or infeasible because only a small number of potential bidders are uniquely qualified for the work due to circumstances, geographic disparities, experience with the project, or proprietary techniques or technologies; or

(D) Whether competitive sealed bidding is impractical or infeasible due to time or other constraints that prevent completion of advertisement for competitive bids or any other requirements under this chapter.

(ii) Except as otherwise outlined in this chapter, the Department Director shall only approve bid waiver applications for competitive negotiation in limited circumstances, including but not limited to:

(A) Advertising or re-advertising the project for competitive sealed bid is not feasible or practical as determined by the procuring agency's principal representative;

(B) A situation in which only one source is available for the capital construction project services or materials, whether due to residency requirement limitations or proprietary technology; or

(C) An emergency situation necessitates the immediate start of work or an expedited return to normal state service operations and the immediate commencement of the work is necessary for those operations to resume and the procuring agency has complied with Section 6 of this chapter.

(iii) The Department shall have ten (10) business days to review the procuring agency's request and make a determination. The Department may request additional information to reach a determination, which shall pause the review time until the requested information has been submitted. If the requested information is not provided within five (5) business days, the Department may make a determination based on available information.

(c) If the principal representative of a procuring agency determines that competitive negotiation is not feasible or practical for a contract with an estimated value in excess of fifty thousand dollars ($50,000.00), the principal representative may submit their written determination to the Governor or the Governor's designee, and seek approval for the contract to be let by noncompetitive negotiation under Section 7 of this chapter. The Governor or the Governor's designee may approve such a bid waiver request in accordance with W.S. 9-2-3006(a)(iii). A principal representative's written determination and its request for noncompetitive negotiation shall be based on factors including, but not limited to:

(i) Whether the procuring agency initiated a competitive negotiation process but received an inadequate number of responses to its solicitations despite the agency's good faith attempts to secure bids or proposals as required in Section 8 of this chapter. If the procuring agency received one or more responses, the agency shall explain why the bids or proposals received were inadequate;

(ii) Whether competitive negotiation is not practical or feasible because of a lack of competition in the industry;

(iii) Whether competitive negotiation is not practical or feasible because a single entity is uniquely qualified for the work due to circumstances, geographic disparities, experience with the project, or proprietary techniques or technologies;

(iv) Whether an emergency necessitates the immediate start of work to continue, or expedite the return to, normal state service operations and the procuring agency has complied with Section 6 of this chapter regarding emergency contracting; or

(v) Whether a prototype agreement exists where the procuring agency may reuse previous designs.

(d) A procuring agency shall submit bid waiver applications on standard bid waiver forms adopted by the Department.

(e) Upon approval of a bid waiver by the Department Director, the Governor, or their designees, as applicable, the procuring agency may proceed to let the contract as stipulated in the bid waiver.

History

Effective 2021-04-28

Wyo. Code R. 027.0003.3.04282021 § 6 Emergency contracting

(a) A procuring agency experiencing an emergency situation may, in accordance with this section, procure services or materials without adhering to the notice, bid, and negotiation requirements in this chapter. The procuring agency shall document to the Department the emergency situation necessitating the procurement and an explanation of how and why it is necessary not to adhere to the notice, bid, and negotiation requirements in this chapter. When a procuring agency decides not to follow the notice, bid, or negotiation requirements due to an emergency situation, that agency is immediately subject to review by the Department Director.

(b) In the event that emergency work is initiated in response to an emergency situation, the procuring agency shall notify the Department by the next business day of any and all efforts undertaken by the procuring agency to obtain competition, and the emergency situation that justified reliance on this section. The procuring agency, not the Department, is responsible for any notification to Risk Management or other such agencies or entities as may be required by laws applicable to the procuring agency or emergency situation.

(i) For emergency work with an estimated value of fifty thousand dollars ($50,000) or more, a bid waiver shall be submitted as soon as possible, as required by Section 5 of these rules, and shall be approved by the Governor or Governor's designee in accordance with Section 5(c).

(c) An emergency contract shall be limited to supplies, services, or construction items in such quantities as are necessary to address the emergency situation.

(d) The procuring agency shall seek to obtain as much competition as possible while letting an emergency contract. Approaches to increase competition may include:

(i) Phone quotes;

(ii) Internet quotes;

(iii) Invitations to bid; and

(iv) Other methods that can be pursued while avoiding harm or risk of harm to the public health, safety, welfare, property, or impairing the ability of a public entity to function or perform required services.

History

Effective 2021-04-28

Wyo. Code R. 027.0003.3.04282021 § 7 Noncompetitive negotiation

Non-competitive negotiations (sometimes also known as "sole-sourcing") may proceed when the procuring agency has:

(a) Obtained an approved waiver under Section 5 of this chapter; and

(b) Secured a bid from a qualified bidder that meets the solicitation response requirements of Section 8.

History

Effective 2021-04-28

Wyo. Code R. 027.0003.3.04282021 § 8 Competitive negotiation

(a) To initiate competitive negotiation, the procuring agency shall solicit not less than three (3) independent cost estimates or proposals. Per W.S. 9-2-3001(b)(iii), competitive negotiation may be conducted through a request for proposals process or any other similar competitive selection process.

(b) A competitive negotiation conducted using a request for proposal process shall comply with the following:

(i) The procuring agency shall issue a request for proposals shall be made to certified residents under W.S. 16-6-102 in a standard format consistent with Department policy and shall include:

(A) A description of the project scope, the required project timeline, and the desired deliverables;

(B) Submission procedures and content requirements for technical proposals; and

(ii) The procuring agency may interview proposers. The procuring agency shall keep a record of any such interviews.

(iii) The procuring agency may:

(A) Select the most qualified proposer, in consideration of all the information provided by the proposer, including the proposer's estimated fees and applicable residency and preference requirements under W.S. 9-2-3006(a), 16-6-101 through 16-6-107, and 16-6-1001, for contract negotiations; or

(B) Reject all proposals. If the procuring agency opts to reject all proposals, it may:

(I) Exercise its discretion to repeat the process from the most appropriate step under the circumstances;

(II) Proceed to noncompetitive negotiation if the contract's estimated value is equal to fifty thousand dollars ($50,000) or less and the procuring agency's principal representative determines that competitive negotiation is not feasible; or

(III) Request a bid waiver under Section 5(c) of this chapter if the contract's estimated value exceeds fifty thousand dollars ($50,000).

(iv) Notwithstanding paragraph (b)(iii) of this section, if a contract's estimated value was equal to fifty thousand dollars ($50,000) or less, but all proposals received contain estimated fees above fifty thousand dollars ($50,000), the procuring agency may:

(A) Negotiate with proposers for the purpose of reducing the estimated fees below fifty thousand dollars ($50,000);

(B) Reject all proposals and advertise for competitive sealed bids per Section 12 of this chapter; or

(i) A solicitation for bids shall be made to qualified resident contractors in a standard format consistent with Department policy that shall include the scope of desired work and the desired schedule or completion date. Solicitations shall clearly identify that materials or services that will be procured by competitive negotiation. The procuring agency shall determine the qualifications of bidders.

(ii) A solicitation for bids shall include a notification that the procuring agency's acknowledgement of receipt of a bid does not constitute acceptance of the bid, and an invitation to negotiate does not guarantee that the bidder's bid will be accepted or that the negotiations will result in a signed contract.

(iii) A solicitation shall require bidders to submit bids that include, at a minimum:

(A) A proposed work plan that demonstrates the bidder's understanding of the requested work with a detail level commensurate with the scope outlined in the solicitation for bids;

(B) A comprehensive proposed cost estimate inclusive of all materials, labor, overhead, and profit anticipated to be necessary for the completion of the work outlined in the solicitation;

(D) Proof of the bidder's certification of residency per W.S. 16-6-102; and

(E) Bid security, if required.

(iv) The procuring agency shall negotiate with and let the contract to the lowest responsible bidder in accordance with any applicable residency and preference requirements under W.S. 9-2-3006(a), 16-6-101 through 16-6-107, and 16-6-1001. However, if the contract's estimated value was equal to fifty thousand dollars ($50,000) or less, but all bids received are above fifty thousand dollars ($50,000), the procuring agency may:

(A) Engage in negotiations with all bidders for the purpose of scope clarification, resulting in a cost below fifty thousand dollars ($50,000);

(B) Reject all bids and advertise for competitive sealed bids per Section 12 of this chapter; or

History

Effective 2021-04-28

Wyo. Code R. 027.0003.3.04282021 § 9 Bidder prequalification for competitive sealed bidding

(a) In a competitive sealed bidding process, a procuring agency may, at its discretion, require all potential bidders to submit applications for prequalification prior to submitting bids on a project.

(b) Prequalification does not replace the use of evaluation criteria as allowed in Section 20(a) of this rule. A procuring agency may use prequalification in conjunction with the evaluation criteria even after prequalification has been completed.

(c) A call for prequalification applications shall be advertised, at a minimum, on the state procurement website for not less than two (2) consecutive weeks.

(d) To the extent applicable, based on the scope of work requested in the call for prequalification applications, an application for prequalification shall include, at a minimum:

(i) A signed affidavit stating the applicant's willingness to comply with applicable laws and policies, which may or may not be unique to the project or procuring agency;

(ii) Proof of equipment, certifications, or experience specific to the scope of project work;

(iii) A workers compensation program certificate of good standing from the Wyoming Department of Workforce Services;

(iv) An unemployment insurance program certificate of good standing from the Wyoming Department of Workforce Services; and

(v) Proof of the applicant's residency certification per W.S. 16-6-102, if applicable.

History

Effective 2021-04-28

Wyo. Code R. 027.0003.3.04282021 § 10 Prequalification term, status notification, and revocation

(a) Prequalification for a competitive sealed bid process shall be designated on a per-project basis. Designation of prequalification on one project shall not be construed as prequalification for any other project, nor shall prequalification on one project be accepted in lieu of required documentation for prequalification on another project.

(b) Upon completion of its review of all prequalification applications for a project, a procuring agency shall notify a prequalification applicant of the agency's decision with regards to the applicant's prequalification status, including the reason for the decision. The procuring agency shall also publish on the state procurement website a complete list of potential bidders that are prequalified to bid on the specified project.

(c) The decision to revoke a prequalification granted to a potential bidder is at the discretion of the procuring agency. A procuring agency shall follow the processes in Chapter 6, Section 4(c) of these rules if it revokes a potential bidder's prequalification.

History

Effective 2021-04-28

Wyo. Code R. 027.0003.3.04282021 § 11 Request for review of denial of prequalification application

(a) A potential bidder denied prequalification status after filing an application for prequalification status may request the procuring agency to review the application decision. The potential bidder shall file a written request for review to the procuring agency including:

(i) The name and address of the requesting potential bidder;

(ii) A brief explanation of why the potential bidder's prequalification application should be granted;

(iii) The statute, rule, or policy which the potential bidder believes was applied incorrectly or in error;

(iv) Any additional facts the potential bidder would like to be considered, including any relevant exhibits, evidence, or documents of substantiation to support a requested change in the prequalification outcome.

(b) Requests shall be submitted to the procuring agency and copied to the Department.

(d) The procuring agency may request additional information as part of the review. If requested information is not provided within three (3) business days, the review may be completed without such information.

(e) The procuring agency shall provide written notice of any action taken in response to the review request, including a decision to take no action, within ten (10) business days and shall copy such notification to the Department.

(f) Notwithstanding the time limitations in subparts (c) and (e) above in this section, the procuring agency shall make every attempt to resolve review requests in a timely manner, but is not under obligation to resolve requests prior to bid filing deadlines when such timeline would put an undue burden on the procuring agency and detract from the execution of procuring agency operations.

History

Effective 2021-04-28

Wyo. Code R. 027.0003.3.04282021 § 12 Advertising for competitive sealed bids

(a) To initiate competitive sealed bidding for a project, a procuring agency that has not required bidder prequalification (as allowed under Sections 9 and 10 of this chapter) shall advertise a notice to submit bids for the project. The advertisement for bids shall be published on the state procurement website for not less than two (2) consecutive weeks. If the procuring agency opts to utilize an online bidding site to publish project estimates and plans, it shall provide to the Department a link to the bidding site that the Department shall include on the state procurement website. An advertisement for bids shall contain, at a minimum, the following information:

(i) The name of the procuring agency;

(ii) A designated procurement point of contact with contact information;

(iii) A description of the scope of the desired work;

(iv) The location of the desired work;

(v) An estimated project completion date;

(vi) Procedures to submit bids;

(vii) A request for multiple or alternate bids or life cycle analysis of materials, if such will be used;

(viii) Methods to access plans and bid documents;

(ix) Information regarding prebid meetings, if any, held at the discretion of the procuring agency;

(x) Required bid security and bonding limits;

(xi) Deadline to submit bids and bid opening information; and

(xii) Sample contract and bidder affidavits.

(b) Because the Department does not maintain a bid advertising notification list, potential bidders are responsible for checking the advertising methods listed in this section.

(c) If the procuring agency already advertised a call for prequalification applications for the project under Section 9 of this chapter, the procuring agency is not required to publicly advertise the advertisement for bids under this section. Instead, the procuring agency shall provide the advertisement for bids to the prequalified bidders.

History

Effective 2021-04-28

Wyo. Code R. 027.0003.3.04282021 § 13 Procuring agency's addenda to bid advertisements

(a) After a notice to submit bids is published, a procuring agency may issue addenda to the bid advertisement to respond to a potential bidder's request for clarification under Section 14 of this chapter, or for the purpose of making changes or increasing the level of detail to the:

(i) Requested scope of work;

(ii) Project completion date;

(iii) Bid opening date;

(iv) Qualification requirements;

(v) Evaluation criteria; or

(vi) Other requirements in the advertisement that may affect the ability of a bidder to make a full and complete bid.

(b) Addenda shall be posted to the original online bidding site listing and all known plan holders shall be notified of the addenda.

(d) Addenda posted within five (5) calendar days of the bid opening shall require an extension to the bid opening date.

(i) At the discretion of the Department Director, the procuring agency may opt not to extend the bid opening deadline if the addenda do not change the character of the advertisement for bids.

(ii) An addendum may be considered to change the character of an advertisement for bids if the addendum alters:

(A) The scope of work;

(B) The timeline to complete the identified scope of work; or

(C) Other portions of the original advertisement such that the advertisement, as amended with the addendum, substantively differs from the original advertisement issued by the procuring agency.

History

Effective 2021-04-28

Wyo. Code R. 027.0003.3.04282021 § 14 Requests for clarifications of bid advertisements

(a) A potential bidder may submit a written request for clarification from a procuring agency on the procuring agency's advertisement for bids. A potential bidder that directly contacts the procuring agency or its representatives shall be directed to the appropriate forum for posing questions.

(b) The procuring agency may, at its discretion, opt to provide such clarification so long as doing so would not restrict competition or provide an undue advantage to one or more potential bidders.

(i) If the procuring agency grants the request, the agency shall answer the potential bidder's questions in a written addendum issued in accordance with Section 13 of this chapter. If necessary, the procuring agency shall adjust the bid opening deadline in accordance with Section 13(d).

(ii) Only clarifications issued in accordance with this section shall be binding upon the procuring agency. Clarifying information provided at a prebid meeting shall not be considered binding on the procuring agency until the agency issues an addendum to the bid advertisement in accordance with Section 13 of this chapter.

(iii) In the event that one potential bidder may have been granted access to additional information about the bid advertisement, the procuring agency shall immediately release the information to other potential bidders in an addendum.

(c) If the procuring agency is unable or unwilling to provide the requested clarification, it shall respond to the requesting potential bidder in writing and explain its reasoning for refusing to provide the requested clarification.

History

Effective 2021-04-28

Wyo. Code R. 027.0003.3.04282021 § 15 Access to plans and bid documents

(a) Any cost incurred to access and download plans shall be the responsibility of the potential bidder.

(b) The Department and procuring agencies do not coordinate with any third-party plan delivery companies, or so-called "Plan Rooms." Potential bidders are responsible for accessing plans directly from the location specified by the procuring agency to ensure accuracy and receipt of future addenda.

History

Effective 2021-04-28

Wyo. Code R. 027.0003.3.04282021 § 16 Prebid conferences and site visits

(a) A procuring agency may schedule prebid conferences and site visits for a project, and may designate a prebid conference or site visit as mandatory. Any bidder that fails to attend a mandatory prebid conference or mandatory site visit shall be ineligible to bid on that project.

(b) The procuring agency shall announce the time, date, and location of any prebid conference or site visit to all potential bidders in the bid advertisement or through an addendum to the bid advertisement. The procuring agency's announcement of a prebid conference or site visit shall state whether the prebid conference or site visit is mandatory.

(c) A prebid conference shall be held not less than two (2) business days after the bid advertising period has been completed per Section 12 of this chapter, but not less than ten (10) business days before bids are due. At the discretion of the Department, the above time frame may be increased based on the technicality or dollar amount of the project.

(d) The procuring agency may hold a prebid conference in the following formats at the procuring agency's discretion:

(i) In person;

(ii) Teleconference;

(iii) Webinar; or

(iv) Other electronic medium approved by the Department Director and made available to potential bidders by the procuring agency at its expense.

(e) For each prebid conference, the procuring agency shall maintain a record including, at a minimum:

(i) An attendance log including:

(A) Attendee name;

(B) Attendee contact information; and

(ii) Copies of documents distributed by the procuring agency to attendees; and

(iii) Any verbal modifications made to any of the bid advertisement documents, all of which shall be reduced to writing and released as an addendum to the bid advertisement in accordance with Section 13 of this chapter.

(f) The procuring agency may conduct prebid, in-person site visits at the site of the project being procured.

History

Effective 2021-04-28

Wyo. Code R. 027.0003.3.04282021 § 17 Content of competitive sealed bids

(a) Competitive sealed bids submitted under this chapter shall include:

(i) A bid, developed on forms provided by the Department, with all fields fully completed as specified on the forms, in dark ink or typed, and prepared electronically for upload; and

(ii) A signed affidavit from the bidder certifying:

(A) That bids have been developed independently;

(B) No effort has been made to restrict competition;

(D) The bidder's residency status per W.S. 16-6-102, if applicable;

(E) The person signing the bid is authorized to represent the organization for whom he or she is signing;

(F) The ownership and legal structure of the organization; and

(G) The bidder agrees to comply with all applicable regulations, policies, guidelines, and requirements that pertain to the capital construction project;

(iii) Bid security, as required by applicable statute and Section 18 of this chapter;

(iv) Documentation required by Subsection (b) of this section, if applicable; and

(v) Any other information required by the procuring agency in the bid advertisement or its addenda.

(b) If the procuring agency did not require prequalification applications for the project under Section 9 of this chapter, a competitive sealed bid shall also include:

(i) Proof of equipment, certifications, or experience specific to the scope of project work;

(ii) A workers compensation program certificate of good standing from the Wyoming Department of Workforce Services;

(iii) An unemployment insurance program certificate of good standing from the Wyoming Department of Workforce Services; and

(iv) Proof of the applicant's residency certification per W.S. 16-6-102, if applicable.

History

Effective 2021-04-28

Wyo. Code R. 027.0003.3.04282021 § 18 Bid security

(a) Bid security shall be:

(i) Provided by a bidder in an amount equal to ten percent (10%) of the contract value for a project valued over one hundred fifty thousand dollars ($150,000) per W. S. 9-2-3004(c)(iv)(A), or set at an amount determined at the discretion of the procuring agency as defined in Department policy for a project valued under one hundred fifty thousand dollars ($150,000) per W.S. 9-2-3004(c)(iv); and

(ii) Overseen and managed by the Department.

(b) Acceptable forms of bid security shall be limited to:

(i) A bid bond underwritten by a surety company licensed to issue bid bonds in the state of Wyoming; or

(ii) A bid deposit in the form of:

(A) A bank cashier's check made payable to the Treasurer of the State of Wyoming; or

(B) A bank certified check made payable to the Treasurer of the State of Wyoming.

(c) The Department shall hold bid securities until such time as a contract is awarded. Deposit of bid securities shall not be considered an award or guarantee of award.

(d) If the bidder's bid security is deficient in any way or if the bidder fails to submit a required form of bid security, the Department may request that the bidder who is not in compliance submit the required bid security by 5:00 p.m. of the next business day after such notice is provided by the Department. Failure to cure the deficiency or failure to submit the required form of bid security by that deadline shall make the bidder ineligible for consideration of award of the contract.

History

Effective 2021-04-28

Wyo. Code R. 027.0003.3.04282021 § 19 Bid submission, modification, and withdrawal

(a) Deadlines. Bidders are solely responsible for meeting the bid submission deadline.

(i) For bids submitted electronically, bidders shall allow sufficient time to complete online forms and upload documents. The bid submission period shall end at the posted closing time and bidders shall not be permitted to complete in-progress submissions after that time.

(ii) For bids submitted by physical delivery, delays caused by the bidder's delivery service shall not be an acceptable reason for a bid or modification being late. All bids or modifications sent by physical delivery shall be date and time stamped by the procuring agency upon receipt.

(b) Modifications. A bidder may submit a modification to their previously-submitted bid prior to the bid submission deadline. The procuring agency shall deny bid modifications submitted after the submission deadline. The waiver or correction of errors in a bid after the bid submission deadline shall be subject to Section 20(c) of this chapter.

(c) Withdrawals. A bidder may withdraw a previously-submitted bid prior to the bid submission deadline. For a bid withdrawn after the bid submission deadline, a procuring agency or the Department may pursue remedies against the bidder or bid security.

History

Effective 2021-04-28

Wyo. Code R. 027.0003.3.04282021 § 20 Principles for evaluating bids, price or quantity discrepancies, and bid irregularities

(a) Evaluation criteria. The procuring agency shall develop and use qualifications evaluation criteria for submitted bids to establish a reasonable certainty that the responsible low bidder can be expected to complete the work as proposed. Evaluation criteria may include but are not necessarily limited to a bidder's:

(i) Ability to meet deadlines;

(ii) Bonding Capacity;

(iii) Qualifications;

(iv) Certifications;

(v) Licensing;

(vi) Experience;

(vii) Compliance with applicable laws and regulations;

(viii) Type of services provided;

(ix) Availability of product, equipment, supplies, or services; and

(x) References or other information on past project performance, including the experience of the procuring agency with that bidder or proposer.

(b) Price or quantity discrepancies in bids.

(i) In the case of a discrepancy between the unit price and the total price, the unit price will prevail.

(ii) In the case of a discrepancy between the price written in words and the price written in figures, the price written in words will prevail.

(iii) Quantities listed in the bid documents are to be considered as approximate and only to be used for the comparison of bids. Payment to the successful bidder will be made only for the actual quantities of work performed in accordance with the plans and specifications of the project. If upon the completion of the work, the actual quantities of work performed show either an increase or decrease from the quantities given in the estimate, the prices or costs set forth on a unit basis in the bid shall prevail.

(i) The procuring agency may work in conjunction with the Department to reject a bid that contains bid irregularities, or to resolve or waive bid irregularities, except that the Department and the procuring agency shall reject bids containing the following irregularities, as required by W.S 9-2-3006(e):

(A) Improper or missing signatures; or

(B) Lack legible numerical values.

(ii) A request to waive or correct an error in a bid, other than a bid irregularity, shall be subject to the following:

(A) Provided there is no change in bid pricing or cost, errors may be corrected if it is in the best interest of the State and correcting the mistake maintains the fair treatment of other bidders.

(iii) If the Department or the procuring agency opts to waive a required condition or accept bids missing information required by the bid advertisement or its addenda, the waiver shall apply to all bidders.

History

Effective 2021-04-28

Wyo. Code R. 027.0003.3.04282021 § 21 Evaluation of bids and award of contract

(a) Procedures after bid submission. Upon closure of the bid submission period, the Department or procuring agency shall:

(i) Note the date and time of receipt of all bids;

(ii) Open all bids in the presence of one or more witnesses, at the time and place designated in the bid advertisement;

(iii) Record each bid opened, including bidder name and bid total;

(iv) Examine each bid for validity and completeness;

(v) Prepare a summary of bids received;

(vi) Apply the residency preference per W.S. 16-6-102(a);

(vii) Publish a summary that includes the bidders and bid totals or the decision of the procuring agency to reject all bids; and

(viii) If applicable, notify the procuring agency that it may review and evaluate the submitted bids.

(b) Evaluation process. The procuring agency shall:

(i) Evaluate bids to determine which bidders are responsible in accordance with the evaluation criteria set forth in the advertisement for bids per Section 20(a) of this chapter;

(ii) Determine which bid, submitted by a responsible, qualified bidder, offers the lowest cost to the state; and

(iii) Draft a written recommendation to the Department specifying the apparent responsible, qualified low bidder including justification for that recommendation.

(c) Award of contract. The Department shall be the final authority on the award of a contract per W.S. 9-2-3004(c)(ii). The Department and procuring agency reserve the right to reject any and all bids. The contract shall be awarded to the lowest responsible bidder whose bid meets the requirements and criteria set forth in the advertisement for bids, subject to the considerations below:

(i) Award to multiple bidders. The procuring agency may, at its discretion, award portions of a single advertised project to multiple bidders when it is in the best interest of the State to do so.

(ii) Higher quality item. A contract may not be awarded to a bidder submitting a higher quality item than that designated in the invitation for bids or request for proposals, unless such bidder is also the lowest bidder as determined by value analysis or life-cycle cost formulas. The procuring agency shall not apply a value analysis or life cycle cost formula unless the call for bids clearly stated that such analysis or formula would be applied.

(iii) Tie bids. In the event of tie bids, the contract shall be awarded to the bidder most reasonably able to complete the work based on the evaluation criteria set forth in the advertisement for bids per Section 9 of these rules.

(iv) Single bid received. If, at the time of bid opening, only one bid has been received, the procuring agency may:

(A) Determine that the bid submitted is a fair price and that other entities had sufficient opportunity to bid, and award the contract to the single bidder; or

(B) Determine that the bid submitted is not at a fair price or that sufficient opportunity was not given to encourage multiple bids, and reject the bid. The procuring agency's decision to cancel the procurement or re-advertise the project for bids under this paragraph is subject to review by the Department Director at his or her discretion.

(v) Award to next lowest bidders. In the event the low bidder originally awarded the contract is unable to complete the work as bid, the procuring agency may award the contract to the second lowest bidder. If the second lowest bidder declines to accept the award, the procuring agency may:

(A) Offer the award to the next lowest bidder;

(B) Re-advertise for bids; or

(d) Errors after award. Errors discovered in a successful bid after the award of a contract may only be corrected if, after consultation with the Department Director and the Attorney General's office, it is determined that the correction of the mistake does not violate the requirements of applicable laws. Any correction made under this subsection must be supported by a written determination signed by the Department Director.

History

Effective 2021-04-28

Wyo. Code R. 027.0003.3.04282021 § 22 Cancellation of a bid advertisement

(a) A procuring agency may cancel an advertisement for bids, subject to review by the Department Director.

(b) Grounds for cancelling a bid advertisement may include, but are not limited to:

(i) A change in circumstances such that the project is no longer required or funding is no longer available;

(ii) All bids received exceed available funding;

(iii) All responsible, qualified bids are at clearly unreasonable prices;

(iv) Reason to suspect collusion between bidders or submission of bids in bad faith;

(v) The advertisement did not provide for consideration of all factors of significance to the State; or

(vi) Proposed amendments to the advertisement are of sufficient impact that a new advertisement is desirable.

(c) Upon cancellation of an advertisement, notice of cancellation shall be distributed through the same means as the initial advertisement.

History

Effective 2021-04-28

Wyo. Code R. 027.0003.3.04282021 § 23 Cancellation of an award of a contract

(a) A procuring agency may cancel the award of a contract, subject to review by the Department Director. A decision to cancel an award under this section shall be supported in a written document.

(b) Reasons for cancelling an award of a contract may include, but are not limited to:

(i) Project is no longer required;

(ii) Funding is no longer available;

(iii) Reason to suspect collusion between bidders or submission of bids in bad faith; or

(iv) The apparent low bidder is no longer able to complete the work as bid.

(c) Cancellation of an award of a contract does not require cancellation of the underlying bid advertisement for the project awarded.

(d) Cancellation of an award due to the fault of the bidder may result in the pursuit of remedies against the bidder or the bid security submitted.

History

Effective 2021-04-28

Chapter 4 Alternative Design and Constructive Delivery Methods

Wyo. Code R. 027.0003.4.04282021 Alternative Design and Constructive Delivery Methods

Chapter 4

Alternate Design and Construction Delivery Methods

Section 1. Authority.

(a) A procuring agency may utilize alternate design and construction delivery methods for capital construction projects, as allowed by W.S. 16-6-702(b).

(b) Projects subject to approval by the School Facilities Commission shall comply with the alternate design and construction delivery approval process as outlined in School Facilities Commission rules.

Section 2. As-needed contracts.

(a) A procuring agency may procure a contract for materials or services on an as-needed basis, provided that:

(i) The procuring agency complies with the applicable advertising requirements of:

(A) Chapter 2 of these rules for procurement of professional services; or

(B) Chapter 3 of these rules for procurement by competitive bidding, competitive negotiation, or noncompetitive negotiation; and

(ii) The contract meets the contract requirements of Chapter 5, Section 2 of these rules, with the following additional requirements:

(A) An individual contract for materials or services that has a not-to-exceed amount in excess of one hundred fifty thousand dollars ($150,000) shall be subject to performance and payment bond requirements as specified in Chapter 5, Section 2(d) of these rules; and

(B) The contract's term shall be specified and shall not exceed two (2) years.

Section 3. Construction manager at-risk (CMAR).

(a) A procuring agency may, when determined to be in the best interest of the State of Wyoming and in compliance with any statutorily required approvals, hire a CMAR for project delivery. When a CMAR is used, the procuring agency shall enter into a contract with a single proposer to provide preconstruction services and optionally oversee and subcontract construction services. A procuring agency has discretion to use a CMAR based on the individual needs and merits of the capital construction project.

(b) The procuring agency shall issue a request for statements of qualifications from potential proposers wishing to submit proposals for CMAR services. The procuring agency shall advertise the request for at least two (2) weeks on the state procurement website prior to the initiation of selection procedures. The procuring agency may advertise the request using additional methods.

(c) The request for statements of qualifications shall state the minimum and maximum number of potential proposers that will be invited to submit final proposals. Prequalification shall be based on an evaluation of criteria set forth in the request for qualifications including:

(i) Construction and design experience;

(ii) Technical competence; and

(iii) The proposer's capability to perform the work requested including financial, manpower, and equipment resources, experience in other similar CMAR projects, and past performance.

(d) Requests for proposals shall comply with Chapter 2, Section 4(e) of these rules and W.S. 16-6-707.

(e) Proposals submitted by potential CMARs shall:

(i) Comply with W.S. 16-6-707 and the request for proposals; and

(ii) Cost proposals shall be submitted in a sealed envelope separate from technical proposals to review work proposal evaluation and cost proposal evaluation.

(f) Evaluation and selection of a CMAR shall follow the requirements of Chapter 2, Section 5 of these rules with the following exceptions:

(i) Evaluation of proposals shall be done using evaluation criteria established prior to advertising and published in the request for proposals.

(ii) After opening of technical proposals and prior to opening of cost proposals, the procuring agency may conduct interviews with selected candidates. The solicitation for proposals shall specify:

(A) The proposal evaluation criteria; and

(B) The maximum number of proposers that the procuring agency intends to select for an interview or the score cutoff that will be used to select for an interview.

(iii) Upon completion of the interview process, the procuring agency may proceed to negotiation and contracting.

(g) Execution of a contract with a CMAR shall follow Chapter 5 of these rules, with the following exception:

(i) Any CMAR hired through this process shall be held to the procurement and award rules in these chapters to the extent the CMAR is responsible for the procurement of professional services or services procured through competitive bidding, competitive negotiation, or noncompetitive negotiation, and shall conduct an open-bid process in compliance with Wyoming contractor preference laws before awarding any subcontracts for work per W.S. 16-6-1001(a)(i).

Section 4. Design-build.

(a) A procuring agency may, where determined to be in the best interest of the State, and in compliance with any statutorily required approvals, use the design-build method of project design and construction delivery. When a procuring agency uses the design-build method, it shall enter into a contract with a single proposer to provide design services in addition to construction or maintenance services. The use of this method shall be determined by the individual needs and merits of the project.

(b) Prequalification.

(i) The procuring agency shall issue a request for statements of qualifications from potential proposers wishing to submit proposals on a design-build project. The request shall state the minimum and maximum number of proposers that will be invited to submit final proposals. The request shall be advertised in accordance with Chapter 3, Section 8 of these rules related to advertisement requirements.

(ii) Prequalification shall be based on an evaluation of criteria set forth in the request for statements of qualifications, including:

(A) Construction and design experience,

(B) Technical competence, and

(C) The statement submitter's capability to perform the work requested including financial, manpower, and equipment resources, experience in other similar design-build projects, and past performance.

(iii) The field of competing statement submitters shall be narrowed to the most qualified proposers not to exceed the number designated in the request for statements of qualifications. Failure to receive at least two (2) qualified proposers shall necessitate the re-advertisement of the project.

(iv) A procuring agency may select a design-builder based solely on submitted statements of qualification, provided that:

(A) At least two (2) firms responded to the request for statements of qualifications; and

(B) The estimated cost for construction of the project is equal to or less than five hundred thousand dollars ($500,000).

(i) A procuring agency shall request proposals for projects with estimated construction costs in excess of five hundred thousand dollars ($500,000) using:

(A) A fixed-scope request for a fee-based proposal; or

(B) A fixed-price request for a scope-based proposal.

(ii) The procuring agency may use any method of specifying construction materials or services deemed to be in the best interest of the State by the procuring agency's principal representative. Professional service firms that participate in the preparation of specifications to be used in a request for proposals shall not participate as proposers on such projects if a conflict of interest exists, as determined by the procuring agency's principal representative.

(d) Requests for Proposals.

(i) The procuring agency shall request proposals from at least two (2), and no more than five (5), prequalified proposers for the designated design-build project. The request for proposals shall comply with Chapter 2, Section 4(e) of these rules.

(ii) Evaluation.

(A) Proposers shall be permitted to propose multiple or alternate bids only if the request for proposals clearly requests or allows proposers to propose multiple or alternate bids.

(B) The procuring agency shall select the proposer whose proposal offers the best overall value for the State, as specified in W.S. 16-6-701(a)(ix)(D).

(C) Compensation for unsuccessful proposers shall be at the discretion of the procuring agency and shall be clearly specified in the request for proposals.

(D) Residency preference shall be applied per W.S. 16-6-102(a).

(e) Contracting. In addition to the requirements of Chapter 5 of these rules, selected firms shall certify that at least seventy percent (70%) of all subcontractors shall be Wyoming resident contractors for covered work per W.S. 16-6-1001(a)(i).

Section 5. Construction manager agent. A procuring agency may choose to hire a construction manager agent for projects where the procuring agency is entering into multiple prime contractor contracts.

History

Effective 2021-04-28

Chapter 5 Post-Award Project Performance

Wyo. Code R. 027.0003.5.04282021 § 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).

History

Effective 2021-04-28

Wyo. Code R. 027.0003.5.04282021 § 2 Contract negotiation and execution

(a) All contracts for projects procured under these rules shall be:

(i) Negotiated and executed in compliance with W.S. 9-23-101;

(ii) Submitted to and approved by the Attorney General's Office in compliance with procedures established by the Wyoming Attorney General's Office, except for contracts made between school districts and vendors where the Department is not a signatory. School district contracts between vendors where the Department is not a signatory shall be on templates approved by the School Facilities Commission and the Attorney General's Office;

(iii) Filed with and approved by the Department per W.S. 9-1-403(b)(viii);

(iv) Executed by a principal representative of the procuring agency;

(v) Executed on the Department's contract templates, unless otherwise approved by the Department and the Attorney General's Office. The procuring agency shall select the correct template that corresponds to the scope of work of the intended project, subject to review and guidance by the Department; and

(vi) Approved by the Governor or the Governor's designee if the contract is valued in excess of fifty thousand dollars ($50,000) per W.S. 9-2-3006(c).

(b) Modifications to Department contract templates, including adjustments to further stipulate services and reflect the scope of the particular project, on a project-by-project basis may be submitted to the Department for review and approval in consultation with the Attorney General's Office. Major modifications, as determined by the Department, require approval by the Department and the Attorney General's Office. All modifications shall be submitted to the Attorney General's Office and the Department in compliance with the process outlined in Section 2(a) of this Chapter. All amendments to project contracts shall be treated as modifications per this subsection. The procuring agency shall be responsible to pay any costs incurred on a contract modified and executed without the necessary approvals until such time as a contract acceptable to the Department and the Attorney General's Office is signed.

(d) Performance and payment bonds shall be secured on all projects per W.S. 9-2-3004(c)(v)(C), in the amounts specified in W.S. 16-6-112. Performance, payment, and performance and payment bonds shall be:

(i) Submitted on a Department-approved form;

(ii) Submitted to the Wyoming Attorney General's office for its approval;

(iii) Provided to the Department in accordance with the Department's procedures; and

(iv) Held by the procuring agency.

History

Effective 2021-04-28

Wyo. Code R. 027.0003.5.04282021 § 3 Contract Management

The procuring agency shall be responsible for managing the executed contract to ensure compliance with required terms during the contract performance period, including but not limited to residency preference requirements applicable to the project and the materials or services procured.

History

Effective 2021-04-28

Wyo. Code R. 027.0003.5.04282021 § 4 Payments

(a) Payments for materials and services shall be delivered only when:

(i) The contract for services is compliant with the requirements of W.S. 9-1-403(b);

(ii) The contractor requests payment for services rendered using the approved forms provided by the Department; and

(iii) The procuring agency provides verification of the completion of work included in the contractor's request for payment. The procuring agency may require additional forms or affidavits before releasing payments.

(b) Final payment shall be issued upon completion of the requirements in W.S. 16-6-116, if applicable.

History

Effective 2021-04-28

Chapter 6 Dispute Resolution and Bidder or Firm Discipline

Wyo. Code R. 027.0003.6.04282021 § 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).

History

Effective 2021-04-28

Wyo. Code R. 027.0003.6.04282021 § 2 Judicial review

(a) With regard to actions for procurement subject to these rules, an aggrieved or adversely affected person may initiate a judicial review per W.S. § 16-3-114.

(b) Nothing in this subsection shall be construed as an administrative appeal and a person need not request or participate in informal dispute resolution prior to seeking judicial review.

(c) If a judicial review action has been commenced in district court regarding a matter at issue in a request for informal dispute resolution under these rules, the Department shall not act on the request, but shall refer it to the Attorney General's Office and provide notice of such action to the requester.

History

Effective 2021-04-28

Wyo. Code R. 027.0003.6.04282021 § 3 Informal dispute resolution

(a) A bidder or firm may file a written request for informal dispute resolution with the Department concerning a Department or procuring agency action within the following timelines:

(i) Accepting or rejecting bids: within ten (10) business days of bid opening;

(ii) Requests for proposal: within ten (10) business days of notice of exclusion from consideration;

(iii) Project award: Within ten (10) business days of project notice to award. Contract negotiation may proceed but contract execution shall not proceed until the period for requesting dispute resolution has expired.

(b) A written request for dispute resolution shall include:

(i) The name and address of aggrieved party;

(ii) Identification of the procurement in question by solicitation or award number;

(iii) A statement of issue(s); and

(iv) Any available exhibits, evidence, or documents related to the request that the requester wants to be considered during the dispute resolution.

(c) Upon receipt of a valid request for dispute resolution, the Department and the procuring agency, if applicable, shall meet with the requester to discuss the issues in the request. The informal meeting may be held by in person, over the phone, or by any other means.

History

Effective 2021-04-28

Wyo. Code R. 027.0003.6.04282021 § 4 Contractor or firm discipline

(a) Any contractor or firm whose performance has been unsatisfactory as reported by a procuring agency may be subject to disciplinary actions, which may include revocation of the contractor or firm's inclusion in the professional services list or its contractor prequalified status, suspension, or debarment.

(b) At the discretion of the Department Director or procuring agency, as applicable, conditions which may warrant disciplinary action include, but are not limited to:

(i) Late delivery of services or materials;

(ii) Failure to deliver services or materials as bid or proposed;

(iii) Unauthorized substitutions of materials other than those specified;

(iv) Defective performance of services or delivery of defective materials;

(v) Billing errors;

(vi) Submitting or participating in multiple bids when not specifically requested in the solicitation;

(vii) The improper or illegal conduct of an individual employed in a position of authority with a contractor or firm, when on or off his or her job with the contractor or firm. Positions of authority include, but are not limited to officer, director, partner, manager, key employee, or other principal;

(viii) Undisclosed relationships or affiliations that create or could create a conflict of interest preventing true competitive procurements; or

(ix) Changed conditions, including any development that arises which, in the opinion of the Department Director in the case of suspension or debarment or the procuring agency in the case of suspension, adversely reflects the bidder's responsibility or trustworthiness.

(c) Revocation. A procuring agency may revoke a potential bidder's inclusion in the professional services list or contractor prequalified status if the procuring agency becomes aware of circumstances that negate the information used to award the prequalification. The procuring agency shall provide notice to the potential bidder and an adequate opportunity to cure the identified deficiency.

(d) Notices for suspension or debarment. Prior to any suspension or debarment under Section 4(a) of this chapter, the procuring agency shall:

(i) Notify the Department of its intent to conduct an investigation that may result in a revocation or recommendation for suspension or debarment;

(ii) Conduct an investigation; and

(iii) Make a recommendation to the Department for suspension or debarment if the investigation leads the procuring agency to believe such action is warranted. The recommendation shall contain an explanation of the conduct or circumstances giving rise to the action and the time length of the suspension or the required corrective action necessary to cure the debarment.

(e) Prior to the issuance of a suspension or debarment, the Department shall provide a contractor or firm the opportunity to respond and present evidence in support of his or her position, in writing, to the procuring agency's recommendation. Such a response shall contain:

(i) A brief explanation of why the recommendation should not be granted;

(ii) Any additional facts the contractor or firm would like to be considered; and

(iii) The legal authority upon which it is believed a decision was made in error.

(f) The Department Director shall issue a written decision, in consultation with the Department's advising attorneys from the Attorney General's Office, laying forth the factual and legal bases for his or her decision. The contractor or firm shall be given written notification of any disciplinary action, the consequences of that action, and the duration of that discipline if the Department Director decides to suspend or debar the contractor or firm.

(g) The Department shall keep a statewide list of suspended and debarred persons and contractors.

(h) Suspension. The Department Director may suspend a contractor or firm, for cause and in accordance with this chapter, from bidding on contracts for projects procured under these rules, applying for prequalification, or submitting proposals for professional services. The suspension shall only be in effect for a specified period of time.

(i) The Department Director has the discretion to define the suspension term, and may consider the circumstances underlying the suspension, the behavior, conduct, or events that precipitated the suspension, and any relevant extenuating circumstances.

(ii) Upon completion of the suspension term, the contractor or firm shall be permitted to bid and apply for prequalification.

(i) Debarment. The Department Director may debar a contractor or firm, for cause and in accordance with this chapter, from bidding on contracts for projects procured under these rules, applying for prequalification, or submitting proposals for professional services. The debarment shall only be in effect until such time as the contractor or firm takes specified corrective action and shows evidence that it has done so.

(i) After the Department opts to debar a contractor or firm, it shall inform the procuring agency that conducted the investigation leading to the debarment and the contractor or firm of its decision.

(ii) A contractor or firm may request the Department review its status at any time. Such request shall include a showing that the contractor or firm has cured the identified deficiency by completing the required corrective action. If the Department concludes that the contractor or firm has cured the identified deficiency, the Department shall permit the contractor or firm to bid on contracts for projects procured under these rules, apply for prequalification, or submit proposals for professional services.

(j) Exception. If a suspended or debarred contractor or firm is the only contractor or firm legally able to provide a particular service necessary to a procuring agency's project, the procuring agency may request the Department grant a temporary exception to that suspension or debarment on behalf of the contractor or firm. The procuring agency's request shall include a showing to justify why the exception is necessary under the circumstances. The Department has discretion to grant or deny such requests. An exception granted under this section does not constitute the end of the contractor or firm's suspension or debarment and an exception granted for one project shall not allow the contractor or firm to bid on work for other projects, including those in which the contractor or firm would be the only contractor or firm legally able to provide the requested service.

History

Effective 2021-04-28