027-4 Wyo. Code R. §§ 4-4 - 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 designbuild 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 readvertisement 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).

(c) Preparation of Specifications.

(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).

Notes

027-4 Wyo. Code R. §§ 4-4

Adopted, Eff. 4/28/2021.