091-3 Wyo. Code R. §§ 3-19 - [Effective until 3/20/2025] Principles for evaluating bids, price or quantity discrepancies, and bid irregularities

(a) Evaluation criteria. The Commission shall develop and use qualifications and 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) Qualifications;

(iii) Certifications;

(iv) Licensing;

(v) Experience;

(vi) Compliance with applicable laws and regulations;

(vii) Type of services provided;

(viii) Availability of product, equipment, supplies, or services;

(ix) References or other information on past project performance, including the experience of the Commission with that bidder or proposer; and

(x) Any other criteria deemed important by the Commission.

(b) Price or quantity discrepancies in bids.

(i) In the case of a discrepancy between the unit or hourly price and the total price, the unit or hourly 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 or hourly basis in the bid shall prevail.

(c) Bid irregularities.

(i) The Director or their designee may work in conjunction with the Commission to reject a bid that contains bid irregularities, or to resolve or waive bid irregularities, except that the Commission shall reject bids containing the following irregularities:

(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 Commission 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.

Notes

091-3 Wyo. Code R. §§ 3-19

Adopted, Eff. 7/17/2024, exp. 11/14/2024 (Emergency). Amended, Eff. 11/20/2024, exp. 3/20/2025 (Emergency).