ARTICLE 10 - CAPITAL CONSTRUCTION PROJECTS 16-6-1001. Capital construction projects restrictions; preference requirements; waivers. (a) Unless otherwise prohibited by federal law, any funds appropriated to or authorized for expenditure by a public entity for capital construction projects shall be subject to the restrictions of this section which shall be construed where possible as complimentary and consistent with other statutory requirements relating to competitive bidding and contractor preferences. To the extent the restrictions in this section are inconsistent with other state statutes, this section shall supersede all such inconsistent provisions and shall govern. This section shall be applied as follows: (i) This paragraph shall apply to any alternate design and construction delivery method as defined in W.S. 16-6-701(a)(v): (A) All contracts shall require the construction manager at risk or design builder to conduct an open bid process in compliance with Wyoming contractor preference laws before awarding any subcontracts for work covered under the contract; (B) Unless exempted pursuant to subparagraph (C) of this paragraph the construction manager at risk or design builder shall award to responsible Wyoming resident contractors not less than seventy percent (70%) of the work covered by the manager's or builder's contract. As used in this subparagraph "work covered" shall be calculated using the total contract price and the total of payments made to all subcontractors under the contract, including materials but excluding from both amounts the price for any part of the contract for which a waiver is provided under subparagraph (C) of this paragraph; (C) The requirement of subparagraph (B) of this paragraph may be waived for any part of the subcontract work to be performed under the contract. If waived in part, the remaining value of the total subcontract work to be performed under the contract is subject to and shall be used to calculate compliance with the requirement of subparagraph (B) of this paragraph. A waiver shall require a written determination that: (I) The work to be performed is specialized or of such a scale that it can be more suitably performed by out-of-state contractors; (II) The bid amounts submitted by responsible Wyoming subcontractors exceed one hundred five percent (105%) of the costs of out-of-state providers for equivalent quality of work or services; (III) The enforcement of the requirement would unreasonably delay completion of construction; or (IV) There were insufficient responsible Wyoming contractors submitting bids to make the seventy percent (70%) requirement. (V) Repealed by Laws 2012, Ch. 106, § 2. (D) Any waiver shall be approved in writing by the following persons: (I) For projects to be completed by the state of Wyoming, by the director of the state construction department; (II) For projects to be completed by the University of Wyoming, by the president of the university and the chairman of the board of trustees; (III) For projects subject to review by the state construction department under title 21 of Wyoming statutes, by the director of the state construction department and the chairman of the board of the school facilities commission; (IV) For projects completed by a community college, by the community college president and its chairman of the board of trustees; (V) For all other projects, by the respective governing body. (E) Any approved waiver shall be documented in writing and provided to the governor. Notice of all approved waivers shall also be published on a website maintained by the state construction department, including a statement of the grounds for the waiver. (ii) Unless exempted pursuant to subparagraph (D) of this paragraph, this paragraph shall apply to all construction delivery methods: (A) The procurement of furniture and movable equipment shall be done by competitive bid based upon: (I) Specifications written for products that are available from Wyoming resident suppliers; or (II) If specified products are not available from any Wyoming resident supplier, specifications addressing performance standards and functional requirements determined by the public entity. The public entity may specify suggested individual brands or manufacturers, provided that similar products that meet or exceed specifications shall be accepted as substitute products. Specified products that are not available to any responsible Wyoming resident suppliers shall not be used in any group or package within the bid documents which would exclude responsible Wyoming resident suppliers from submitting a bid on the final bid package. (B) No person who was employed by the public entity to prepare the bid documents, whether with or without compensation, shall be eligible to bid on the final bid package; (C) A five percent (5%) preference shall be granted to responsible Wyoming resident suppliers for procurements by public entities and that are used in and incorporated into a capital construction project; (D) The requirements of subparagraph (A) of this paragraph may be waived by a political subdivision of the state for furniture or movable equipment upon a written determination that the furniture or movable equipment requirements of the project are so specialized or that an item or type of furniture or movable equipment is so unique or uncommon that failure to waive the requirements would materially impair the functionality of the project. Waivers under this subparagraph shall be approved by the governing body of the political subdivision. (iii) All bids shall be opened in public at a location designated by the public entity soliciting the bid. This paragraph shall apply to all construction delivery methods; (iv) Contractor progress payments shall be made only in accordance with this paragraph. If a public entity determines that a general contractor in good standing on a project requires a progress payment due for work completed in a workmanlike manner in order to pay a materialman, subcontractor or laborer for their work performed to date, the entity may issue the progress payment upon verification that all materialmen, subcontractors and laborers have been paid for completed work through the date of the most recent previous progress payment, less any contracted amounts lawfully held for retainage. If a progress payment has been withheld by a general contractor due to a reasonable dispute between a general contractor and a materialman or subcontractor, the claimant may present a claim in the disputed amount against the general contractor's surety bond under the provisions of W.S. 16-6-117. A person submitting false information regarding a progress payment subject to this paragraph shall be subject to the provisions of W.S. 16-6-120. (b) Repealed by Laws 2020, ch. 31, § 2. (c) Repealed by Laws 2020, ch. 31, § 2. (d) Repealed by Laws 2020, ch. 31, § 2. (e) Repealed by Laws 2013, Ch. 134, § 2. (f) As used in this section: (i) "Capital construction project" means as defined by W.S. 9-2-3001(b)(ii); (ii) "Public entity" means as defined in W.S. 16-6- 101(a)(viii). ARTICLE 11 - CONTRACTOR LICENSES – RECIPROCITY 16-6-1101. Contractor licenses; reciprocity; requirements. (a) As used in this section: (i) "Accepting jurisdiction" means a county, city, town or other government entity that is required to recognize and accept a license issued by an issuing jurisdiction; (ii) "Contractor" means a person employed by and contracting with an owner to improve an owner's property; (iii) "Issuing jurisdiction" means the county, city, town or other government entity that issued a license to a contractor; (iv) "License" means any license or certification necessary for a contractor to perform work in a jurisdiction. (b) Each county, city, town and other government entity that issues licenses to contractors shall recognize a license issued to a contractor by another county, city, town or other government entity in Wyoming, in accordance with the following: (i) Before the accepting jurisdiction shall recognize the license under this section: (A) The contractor's license shall be active; and (B) The contractor shall be in good standing with the issuing jurisdiction and shall provide to the accepting jurisdiction any proof of financial assurance required by the accepting jurisdiction. (ii) The contractor shall provide proof of the successful completion of the international code council examination for contractor, plumbing, mechanical or another appropriate examination, or an equivalent. Contractors seeking to have a license recognized by an accepting jurisdiction for fire systems installation, testing or maintenance shall provide proof of the successful completion of the appropriate manufacturer certification, including the national institute for certification in engineering technologies, American fire sprinkler association, national fire sprinkler association or their equivalents. Upon providing appropriate proof under this paragraph, no contractor shall be required to complete any testing in the accepting jurisdiction for recognition of the license; (iii) Any applications required for recognition of a license by an accepting jurisdiction shall only require the minimum amount of information necessary for the accepting jurisdiction to verify the license and the contractor's good standing in the issuing jurisdiction; (iv) The accepting jurisdiction may require a contractor to provide proof sufficient for the accepting jurisdiction to confirm that the contractor's license is active and in good standing in the issuing jurisdiction; (v) The accepting jurisdiction may deny a contractor recognition of a license if the contractor has previously had a license revoked or suspended by the accepting jurisdiction; (vi) Nothing in this subsection shall be construed to: (A) Require an accepting jurisdiction to grant privileges to a contractor for a license that is not of a similar type or class to the license granted by the issuing jurisdiction; (B) Prohibit an accepting jurisdiction from requiring a contractor to complete application requirements and procedures, satisfactorily complete any testing requirements or pay fees if the contractor seeks to perform work in an accepting jurisdiction that is not covered under the license issued by the issuing jurisdiction or seeks to perform work that is not at an equivalent level of required competency in the accepting jurisdiction. (c) Nothing in this subsection shall be construed to prohibit any county, city, town or other government entity that issues licenses to contractors from entering into agreements for the recognition of licenses obtained in other jurisdictions in Wyoming.
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