027-3 Wyo. Code R. §§ 3-14 - 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.

Notes

027-3 Wyo. Code R. §§ 3-14

Adopted, Eff. 4/13/2021.