091-3 Wyo. Code R. §§ 3-6 - [Effective until 3/20/2025] Emergency contracting

(a) In an emergency situation, the Commission may, in accordance with this section, procure services or materials without adhering to the notice, bid, and negotiation requirements in this chapter. The Director or their designee shall document to the Commission the emergency situation necessitating the procurement and an explanation of how and why it is necessary not to adhere to the notice, bid, and negotiation requirements in this chapter. When the Director or their designee decides not to follow the notice, bid, or negotiation requirements due to an emergency situation, that agency is immediately subject to review by the Commission.

(b) In the event that emergency work is initiated in response to an emergency situation, the Director or their designee shall notify the Commission by the next business day of any and all efforts undertaken by the Director or their designee(s) to obtain competition, and the emergency situation that justified reliance on this section. The Director, not the Commission, is responsible for any notification to Risk Management or other such agencies or entities as may be required by laws applicable to the Commission or emergency situation.

(i) For emergency work with an estimated value of fifteen thousand dollars ($15,000) or more, a bid waiver shall be submitted as soon as possible, as required by Section 5 of this chapter, and shall be approved by the Governor or Governor's designee in accordance with Section 5(c).

(c) An emergency contract shall be limited to services or materials in such quantities as are necessary to address the emergency situation.

(d) The Director or their designee(s) shall seek to obtain as much competition as possible while letting an emergency contract. Approaches to increase competition may include:

(i) Telephonically-sourced quotes;

(ii) Online-sourced quotes;

(iii) Invitations to bid; and

(iv) Other methods that can be pursued while avoiding harm or risk of harm to the public health, safety, welfare, property, or impairing the ability of a public entity to function or perform required services; or the solvency, security, or integrity of the Wyoming Stable Token, its technical infrastructure, its underlying reserves held in trust, or any other critical underpinning at risk.

(e) Notwithstanding any confidentiality concerns, the Director or their designee shall publicly disclose the rationale and result of the emergency contracting to the agency website within five (5) business days of the emergency contracting.

Notes

091-3 Wyo. Code R. §§ 3-6

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