Wyo. Stat. Ann. § 9-23-101 Short title.
This act is known and may be cited as the "Professional Architectural, Engineering and Land Surveying Services Procurement Act".
Professional Architectural, Engineering and
Wyo. Stat. Ann. tit. 9, ch. 23
in effectWyo. Stat. Ann. § 9-23-102 Definitions.
(a) As used in this act:
(i) "Agency" means any school district, state office, department, board, council, commission, separate operating agency, institution or other instrumentality or operating unit of the state excluding the University of Wyoming, community college districts, the Wyoming business council and the Wyoming department of transportation;
(ii) "Department" means the state construction department;
(iii) "Firm" means an individual, corporation, partnership, business trust, association, firm or any other legal entity permitted by law to practice in a specified profession;
(iv) "Principal representative" means the governing board of an agency or its designated representative, or if there is no governing board, the executive head of an agency;
(v) "Professional services" means:
(A) The practice of architecture pursuant to W.S. 33-4-101 through 33-4-117;
(B) The practice of professional engineering or professional land surveying pursuant to W.S. 33-29-201 through 33-29-801.
(vi) "Resident firm" means a firm that:
(A) Possesses a physical office within the state that is staffed by individuals with professional and technical expertise who are employed in the state; and
(B) Certifies in the firm's current statement of qualifications or application that if selected for the project the percentage of professional services specified in this subparagraph shall be performed by individuals or consultants employed in the state who will perform their labor or professional services provided under the contract within the boundaries of the state. The individuals who will perform the professional services shall possess the professional and technical qualifications necessary to perform the work required by the contract. The following percentages shall apply to this subparagraph:
(I) For any projects with negotiated fees for professional services in an amount equal to one million five hundred thousand dollars ($1,500,000.00) or less - fifty percent (50%) of the professional services provided under the firm's contract;
(II) For any projects with negotiated fees for professional services in an amount greater than one million five hundred thousand dollars ($1,500,000.00) but less than three million dollars ($3,000,000.00) - forty percent (40%) of the professional services provided under the firm's contract;
(III) For any projects with negotiated fees for professional services in an amount equal to three million dollars ($3,000,000.00) or more - thirty percent (30%) of the professional services provided under the firm's contract.
(vii) "Negotiated fee" means the fee specified in a written contract for professional services entered into in accordance with W.S. 9-23-106;
(viii) "State procurement website" means a website that the department designates to host information and notices related to procurement under this act;
(ix) "This act" means W.S. 9-23-101 through 9-23-107.
Wyo. Stat. Ann. § 9-23-103 General duties.
(a) The department shall:
(i) Develop and maintain approved lists of qualified architects, engineers and land surveyors for selection under this act; and
(ii) Develop and administer notification procedures for obtaining professional services under this act.
Wyo. Stat. Ann. § 9-23-104 Qualification procedures; notice.
(a) Any firm desiring to provide professional services to an agency, shall submit to the department or the agency a detailed statement of qualifications and performance data, and any other information required by the department or the agency. Each firm shall submit the statement not less than every two (2) years. The department or the agency may request the firm to update its statement before submission in order to reflect changed conditions in the status of the firm.
(b) For any professional services fee estimated by the agency to exceed fifty thousand dollars ($50,000.00), the agency or the department shall give notice of the need for professional services in a newspaper of general circulation in the state at least once each week for two (2) consecutive weeks and on the state procurement website for not less than two (2) consecutive weeks prior to initiation of selection procedures in accordance with W.S. 9-23-105. All notifications under this subsection shall contain a general description of the proposed project, and shall indicate the procedures by which interested firms may apply for consideration for a contract to provide professional services for the proposed project.
Wyo. Stat. Ann. § 9-23-105 Selection procedures; emergency waiver.
(a) For each proposed project, the principal representative of the agency for which the project is proposed shall evaluate current statements of qualifications and performance data of firms on file with the department or the agency, together with any applications submitted by other qualified firms, and shall select in accordance with subsection (f) of this section not less than three (3) firms considered qualified to perform the required professional services. The agency shall provide a complete description of the work to the firms selected. These firms shall submit an unpriced proposal to do the work.
(b) In addition to the requirements of subsection (a) of this section, for any professional services fee estimated by the agency to exceed fifty thousand dollars ($50,000.00) the principal representative shall interview not less than three (3) firms selected from those which have submitted proposals to do the work. The interview may include discussion of each firm's projections of project costs, qualifications, approaches to the project, ability to furnish required professional services, use of alternative methods for furnishing required professional services and an estimated fee based on the agency's description of the work. The agency shall keep a record of the interview. The estimated fee, if requested by the agency, may be used as a basis, along with the considerations and requirements of subsection (f) of this section for selection by the principal representative of the most qualified firm for contract negotiations. If unsatisfied with the results of such interviews, the principal representative may select not less than three (3) additional firms for interviews as provided by subsection (a) of this section.
(c) In addition to the requirements of subsection (a) of this section, for any professional services fee estimated by the agency to be fifty thousand dollars ($50,000.00) or less, the principal representative shall select three (3) firms from which a project specific submittal shall be requested. The information provided by the firm may include an estimated fee and preliminary scope of services based on the agency's description of the work. The estimated fee, if requested by the agency, may be used as a basis along with considerations and requirements of subsection (f) of this section for selection by the principal representative of the most qualified firm for contract negotiations.
(d) Nothing in this section prohibits a principal representative from determining that fewer than three (3) firms with current statements on file or which have submitted applications before selection are qualified to perform the required professional services. If a principal representative makes that determination, subsections (b) and (c) of this section apply with respect to the firms the principal representative considers qualified.
(e) The department, in conjunction with the agencies, shall adopt rules and regulations necessary to implement the selection process provided by this section.
(f) Every agency, the University of Wyoming, each community college district, the Wyoming business council and the Wyoming department of transportation shall base selection of a firm for professional services in accordance with the following:
(i) Except as provided in paragraph (ii) of this subsection and subsection (g) of this section, the agency, the University of Wyoming, each community college district, the Wyoming business council and the Wyoming department of transportation shall select firms that are resident firms as defined by this act. Consideration between firms shall be based upon:
(A) The ability of professional personnel;
(B) Past performance;
(C) Ability to meet time requirements;
(D) Location;
(E) Current and projected work loads;
(F) The volume of work previously awarded to the firm by the agency;
(G) The equitable distribution of contracts among the firms considered qualified.
(ii) Nonresident firms may be selected if no firms on file, together with any applications submitted for the project, are resident firms as defined by this act or if the resident firms are determined not qualified by the agency, the University of Wyoming, each community college district, the Wyoming business council or the Wyoming department of transportation. Consideration of qualified nonresident firms shall be based upon the considerations listed in subparagraphs (i)(A) through (G) of this subsection.
(iii) Repealed by Laws 2020, ch. 30, § 2.
(g) The provisions of this act requiring selection of resident firms shall not apply if:
(i) Any part of the proposed project is to be paid or has the potential to be paid with funds from the federal government or other nonstate source; and
(ii) The federal government or the other nonstate source has applicable requirements concerning residency preferences that are inconsistent with this act.
(h) Whenever an emergency arises requiring professional services, the principal representative of an agency, the University of Wyoming, the community college district, the Wyoming business council and the Wyoming department of transportation may waive any applicable requirement of W.S. 9-23-104 and this section if the requirement endangers the health, welfare or safety of the public.
Wyo. Stat. Ann. § 9-23-106 Contract procedure.
(a) After completing the selection process, the principal representative shall negotiate a written contract with the selected firm as determined by W.S. 9-23-105 for the provision of services. The principal representative shall consider the estimated value, scope, complexity and professional nature of the services to be rendered when determining a reasonable compensation.
(b) If the principal representative is unable to negotiate a satisfactory contract with the selected firm at a price he determines fair and reasonable, negotiations with that firm shall be terminated. The principal representative shall then begin negotiations with the firm ranked second in order of preference pursuant to W.S. 9-23-105. If the principal representative fails to negotiate a contract with the second ranked firm, he shall terminate negotiations. The principal representative shall then begin negotiations with the firm ranked third in order of preference.
(c) If the principal representative is unable to negotiate a satisfactory contract with any of the selected firms, he shall:
(i) Select additional firms in order of their competence and qualifications and continue negotiations in accordance with this section and W.S. 9-23-105, until a contract is reached; or
(ii) Review the contract under negotiation to determine the possible cause for failure to achieve a negotiated contract.
(d) Each contract for professional services entered into by the principal representative shall contain a prohibition against gratuities, kickbacks and contingent fees. The person providing professional services shall certify that he has not in any way been involved in any gratuities, kickbacks or contingent fees in connection with his selection or ultimate performance of the contract.
(e) Each contract for professional services entered into by the principal representative shall contain a prohibition against payment based upon a percentage of the construction cost.
(f) This act shall not prohibit continuing contracts between any person providing professional services and any agency.
(g) If selection of a resident firm is required under this act, the contract for professional services entered into by an agency, the University of Wyoming, each community college district, the Wyoming business council or the Wyoming department of transportation shall contain a certification by the resident firm providing professional services that the firm will comply with W.S. 9-23-102(a)(vi)(B). This subsection shall not be construed to require a firm to comply with W.S. 9-23-102(a)(vi)(B) if the proposed project is exempt from residence firm selection by W.S. 9-23-105(g) or if selection of a resident firm is waived in accordance with W.S. 9-23-105(h).
Wyo. Stat. Ann. § 9-23-107 Prohibited acts; civil penalty; initiation of action.
(a) No person, including any agency official or employee, shall:
(i) In any way be involved in any gratuities, kickbacks, or contingent fees in connection with the selection procedure set forth in this act;
(ii) If providing professional services, pay any fee, commission, gift or other consideration contingent upon the award of a contract for professional services pursuant to this act.
(b) Any person violating subsection (a) of this section or W.S. 9-23-106 is liable for a penalty not to exceed five thousand dollars ($5,000.00). The penalty may be recovered in a civil action and damages shall be assessed by the court.
(c) Any action pursuant to this section shall be initiated in Laramie county by the attorney general.
Source: WY Statutes (Official Site)URL: https://wyoleg.gov/statutes/compress/title09.pdfFetched: 10/4/2026