091-3 Wyo. Code R. §§ 3-20 - [Effective until 3/20/2025] Evaluation of bids and award of contract

(a) Procedures after bid submission. Upon closure of the bid submission period, the Director or their designee 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) Provide the summary to the Commission or Evaluation Committee that includes the bidders and bid totals and provide notification that the Commission or Evaluation Committee may review and evaluate bids.

(b) Evaluation process. The Commission or Evaluation Committee 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 19(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 specifying the apparent responsible, qualified low bidder including justification for that recommendation.

(c) Award of contract. The Commission shall be the final authority on the award of a contract per W.S. 40-31-105(c)(iii). The Commission reserves the right to reject any and all bids. The contract shall be awarded to the lowest qualified 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 Commission 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 Commission 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 Commission 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 Commission's decision to cancel the procurement or re-advertise the project for bids under this paragraph is subject to review by the Governor or their designee at their 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 Commission may award the contract to the second lowest bidder. If the second lowest bidder declines to accept the award, the Commission may:

(A) Offer the award to the next lowest bidder;

(B) Re-advertise for bids; or

(C) Cancel the advertisement for bids, pursuant to Section 21 of this chapter.

(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 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 Director.

Notes

091-3 Wyo. Code R. §§ 3-20

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