Public Property

Wyo. Stat. Ann. tit. 16, ch. 6
in effect

Wyo. Stat. Ann. § 16-6-101 Definitions.

(a) As used in this act: (i) "Resident" means a natural person, association or business entity authorized to be formed under title 17 of the Wyoming statutes, or the laws of another state that are the functional equivalent, and that is certified as a resident by the department of workforce services following receipt of an affidavit executed and sworn to by a chief executive officer of the entity setting forth information required by the department to determine compliance with this act and prior to bidding upon the contract or responding to a request for proposal, subject to the following criteria: (A) Any natural person who has been a resident of the state for one (1) year or more immediately prior to bidding upon the contract or responding to a request for proposal; (B) A business entity, each member or equity owner of which has been a resident of the state for one (1) year or more immediately prior to bidding upon the contract or responding to a request for proposal; (C) A business entity organized under the laws of the state: (I) With at least fifty percent (50%) of the equity in the business entity owned by persons who have been residents of the state for one (1) year or more prior to bidding upon the contract or responding to a request for proposal; (II) Which has maintained its principal office and place of business within the state for at least one (1) year; and (III) The chief executive officer of the business entity has been a resident of the state for one (1) year or more immediately prior to the business entity's bidding upon the contract or responding to a request for proposal. (D) A business entity organized under the laws of the state which has been in existence in the state for one (1) year or more and whose chief executive officer has been a resident of the state for one (1) year or more immediately prior to bidding upon the contract or responding to a request for proposal and maintains its principal office and place of business within the state. If at least fifty percent (50%) of the equity in the business entity is owned by nonresidents, the nonresident equity owned by the nonresidents shall: (I) Have been acquired by nonresidents one (1) year or more immediately prior to bidding upon the contract or responding to a request for proposal; or (II) If it consists of shares in a corporation, be publicly traded and registered under Section 13 or 15(d) of the Securities Exchange Act of 1934 for one (1) or more classes of its shares. (E) Repealed by Laws 2013, Ch. 134, § 2. (F) Repealed by Laws 2013, Ch. 134, § 2. (G) Repealed by Laws 2013, Ch. 134, § 2. (H) Repealed By Laws 2011, Ch. 82, § 2. (J) A business entity organized under the laws of any state which has been in existence for two (2) years or more: (I) Has continuously maintained a principal office and place of business within the state for at least one (1) year; (II) Has continuously employed not less than fifteen (15) full-time Wyoming resident employees within the state for one (1) year or more prior to bidding upon the contract or responding to a request for proposal; and (III) Has paid worker's compensation and unemployment taxes in Wyoming for at least one (1) year and is in good standing with the department of workforce services at the time the bid or request for proposal is submitted. (K) A business entity which qualifies as a resident pursuant to this paragraph shall not lose that residency solely due to a conversion under the provisions of W.S. 17-26-101 or other reorganization as a different business entity; (M) No preference under this article shall be awarded to any contractor who is not a certified resident contractor at the time bids are submitted for a public capital construction project, and no contractor shall receive a contingent or retroactive resident certification. (ii) "Principal office and place of business" means a headquarters or administrative center where: (A) The high level officers or management direct, control and coordinate the business activities; and (B) The key business functions are conducted, including, but not limited to project bidding. (iii) "Chief executive officer" means: (A) For a corporation, the president of the corporation; (B) For a partnership other than a limited partnership, a partner; (C) For a limited partnership, a general partner; (D) For a limited liability company, a designated member or manager of the limited liability company; (E) For a business entity not specified in subdivisions (A) through (D) of this paragraph, the entity's president, chairman of the executive committee, senior officer responsible for the entity's business, chief financial officer or any other individual who performs similar functions as specified by rule of the department. The department may authorize by rule the execution of an affidavit required by paragraph (i) of this subsection by an individual holding a position other than as specified in this paragraph, if the individual holds a position with functions similar to a president of a corporation. (iv) "Department" means the department of workforce services; (v) "Major maintenance" means as defined by W.S. 9-2-3001(b)(ix); (vi) "Laborer" means as defined in W.S. 16-6-202(a)(i); (vii) "Materialman" means as defined in W.S. 29-1-201(a)(ix); (viii) "Public entity" means the state of Wyoming, any state office, board, council, commission, separate operating agency, department, institution or other instrumentality or operating unit of the state, including the University of Wyoming, any political subdivision of the state, any county, city, town, school district, community college district or any public corporation of the state; (ix) "Public work" includes alteration, construction, demolition, enlargement, improvement, major maintenance, reconstruction, renovation and repair of any highway, public building, public facility, public monument, public structure or public system; (x) "State procurement website" means a website that the state construction department designates to host information and notices related to procurement for public works; (xi) "Substantial completion" or "substantially complete" means the public entity has determined that the construction of the public work or designated portion thereof is sufficiently complete in accordance with the contract and associated documents so that the work may be occupied or utilized for its intended purposes; (xii) "This act" means W.S. 16-6-101 through 16-6-121.

Wyo. Stat. Ann. § 16-6-102 Resident contractors; preference limitation with reference to lowest bid or qualified response; decertification; denial of application for residency.

(a) If a contract is let by a public entity for a public work, the contract shall be let, if advertisement for bids or request for proposal is not required, to a resident of the state, provided that if the services required are not offered by any known resident of the state, the public entity may let the contract to a nonresident. If advertisement for bids is required, the contract shall be let to the responsible certified resident making the lowest bid if the certified resident's bid is not more than five percent (5%) higher than that of the lowest responsible nonresident bidder. (b) If any person who is certified as a resident contractor for any reason loses that certification, that person may not be recertified as a resident for a period of one (1) year from the date of decertification. (c) If any person who applies for certification as a resident contractor is denied certification because of not meeting the residency requirements, that person may not reapply for certification for a period of one hundred eighty (180) days from the date certification is denied. No person shall be denied certification because of inadvertent omission of information, as determined by the department of workforce services, on an application for resident certification. (d) Repealed By Laws 1999, Ch. 152, § 2; 2007, Ch. 163, § 2. (e) The department shall make investigations as necessary to determine whether any person is eligible to receive or continue to hold a certificate of residency. The department may require or permit any person to file a statement in writing at any time, under oath or otherwise as to all the facts and circumstances concerning the matter to be investigated. For the purpose of any investigation under this section, the director of the department or any person designated by him may administer oaths and affirmations, subpoena witnesses, and compel their attendance, take evidence and require the production of any books, papers, correspondence, memoranda, agreements or other documents or records, which the director or designated person deems relevant or material to the inquiry. In case of refusal to obey a subpoena issued to any person, any Wyoming district court, upon application by the director, may issue to the person an order requiring him to appear before the director or the officer designated by him, to produce documentary evidence if so ordered, or to give evidence touching the matter under investigation or in question. Failure to obey the order of the court may be punished by the court as contempt of court. The burden of proof regarding the status of the residency is on the person whose residency is in question. (f) If, after investigation, the department believes that a certificate of residency should be denied or revoked, it shall provide notice to the applicant or certificate holder of its intent to deny or revoke the certificate and of the applicant or certificate holder's opportunity for a hearing if requested. Any hearing conducted under this subsection shall be conducted in accordance with the Wyoming Administrative Procedure Act. (g) Whenever an emergency arises requiring a contract for a public work, a public entity may waive any applicable requirement of this section if the requirement endangers the health, welfare or safety of the public.

Wyo. Stat. Ann. § 16-6-103 Limitation on subcontracting by resident contractors.

A successful resident bidder shall not subcontract more than thirty percent (30%) of the work covered by his contract to nonresident contractors.

Wyo. Stat. Ann. § 16-6-104 Preference for Wyoming materials required in contracts.

Wyoming made materials and products, and Wyoming suppliers of products and materials of equal quality and desirability shall have preference over materials or products produced or supplied outside the state and any contract let shall so provide. The preference created by this section shall be applied in a manner identical to the preference for residence contractors in W.S. 16-6-102.

Wyo. Stat. Ann. § 16-6-105 Preference for Wyoming materials and Wyoming agricultural products required in public purchases; exception; cost differential; definition.

(a) A five percent (5%) materials preference for Wyoming materials shall be applied in public purchases, subject to the following: (i) The preference requirement shall apply to all public entities; (A) Repealed by Laws 2020, ch. 31, § 2. (B) Repealed by Laws 2020, ch. 31, § 2. (C) Repealed by Laws 2020, ch. 31, § 2. (ii) As used in this section, "materials" means supplies, material, agricultural products, equipment, machinery and provisions to be used in a public work, including the regular maintenance and upkeep of a public work; (iii) The preference shall be applied in favor of materials that are produced, manufactured or grown in this state, or that are supplied by a resident of the state who is competent and capable to provide the materials within the state of Wyoming; (iv) Preference shall not be granted for materials of inferior quality to those offered by competitors outside of the state. (b) As used in this section, "agricultural products" means any horticultural, viticultural, vegetable product, livestock, livestock product, bees or honey, poultry or poultry product, sheep or wool product, timber or timber product.

Wyo. Stat. Ann. § 16-6-106 Statement of Wyoming materials preference in requests for bids and proposals.

All requests by a public entity for bids and proposals for materials, supplies, agricultural products, equipment, machinery and public works shall contain the words "preference is hereby given to materials, supplies, agricultural products, equipment, machinery and provisions produced, manufactured or grown in Wyoming, or supplied by a resident of the state, quality being equal to articles offered by the competitors outside of the state".

Wyo. Stat. Ann. § 16-6-107 Wyoming materials preference required in public works; exception.

All public works in this state shall be constructed and maintained using materials produced or manufactured in Wyoming if Wyoming materials are suitable and can be furnished in marketable quantities. Preference shall not be granted for materials of an inferior quality to those offered by competitors outside of the state, but a differential of five percent (5%) shall be allowed in cost of materials produced or manufactured in Wyoming.

Wyo. Stat. Ann. § 16-6-108 Governing of federal funds by federal law.

The operation of this act upon the letting of any public works contract above mentioned, in connection with which, funds are granted or advanced by the United States of America, shall be subject to the effect, if any, of related laws of the United States and valid rules and regulations of federal agencies in charge, governing use and payment of the federal funds.

Wyo. Stat. Ann. § 16-6-109 Use of insurance for rebuilding state structures.

When buildings belonging to the state are destroyed, the insurance on the buildings shall be collected by the state treasurer. The governing board of the state institution suffering the loss may draw on the state treasurer for the amount of money collected and use the insurance money for the rebuilding of the structure destroyed if, in the opinion of the governing board, the structure should be rebuilt.

Wyo. Stat. Ann. § 16-6-110 Limitation on work hours; overtime; exceptions.

(a) No person shall require laborers, workmen or mechanics to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) week upon any public works of a public entity except as hereafter authorized. A laborer, workman or mechanic may agree to work more than eight (8) hours per day or more than forty (40) hours in any week, provided the laborer, workman or mechanic shall be paid at the rate of one and one-half (1 1/2) times the regularly established hourly rate for all work in excess of forty (40) hours in any one (1) week. This section does not apply: (i) In case of emergency caused by fire, flood or danger to life or property; or (ii) To work upon public or military works or defenses in time of war.

Wyo. Stat. Ann. § 16-6-111 Penalty for violating work hours provisions.

Any person who violates this act is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00).

Wyo. Stat. Ann. § 16-6-112 Contractor's performance and payment bond or other guarantee; when required; conditions; amount; approval; filing; enforcement upon default.

(a) Any contract entered into with a public entity for a public work where the contract price exceeds one hundred fifty thousand dollars ($150,000.00), shall require any contractor before beginning work under the contract to furnish the public entity a bond. If the contract price is one hundred fifty thousand dollars ($150,000.00) or less, the public entity may require the contractor to furnish any other form of guarantee approved by the public entity. The bond or other form of guarantee shall be: (i) Available and with such conditions that allow for the payment of all taxes, excises, licenses, assessments, contributions, penalties and interest lawfully due the state or any political subdivision; (ii) For the use and benefit of any person performing any work or labor or furnishing any material or goods of any kind which were used in the execution of the contract, conditioned for the performance and completion of the contract according to its terms, compliance with all the requirements of law and payment as due of all just claims for work or labor performed and materials furnished in the execution of the contract; (iii) In an amount not less than one hundred percent (100%) of the contract price unless the price is one hundred fifty thousand dollars ($150,000.00) or less, in which case the public entity may fix a sufficient amount; (iv) Approved by and filed with the appropriate officer, agent, governing body or other designee of the public entity. (b) A bond or other guarantee satisfactory to the public entity shall include the obligations specified under subsection (a) of this section even though not expressly written into the guarantee. (c) In default of the prompt payment of all obligations under the guarantee, a direct proceeding may be brought in any court of competent jurisdiction by the authorized officer or agency to enforce payment. The right to proceed in this matter is cumulative and in addition to other remedies provided by law.

Wyo. Stat. Ann. § 16-6-113 Contractor's performance and payment bond or other guarantee; right of action; notice to obligee; intervention by interested parties; pro rata distribution.

Any person entitled to the protection of a bond or other form of guarantee approved by a public entity under W.S. 16-6-112 may maintain an action for the amount due him. He shall notify the obligee named in the bond or other guarantee of the beginning of the action, giving the names of the parties, describing the guarantee and stating the amount and nature of his claim. No judgment shall be entered in the action within thirty (30) days after the giving of the notice. The obligee or any person having a cause of action may on his motion, be admitted as a party to the action. The court shall determine the rights of all parties to the action. If the amount realized on the bond or other guarantee is insufficient to discharge all claims in full, the amount shall be distributed among the parties pro rata.

Wyo. Stat. Ann. § 16-6-114 Contractor's performance and payment bond or other guarantee; requiring new or additional bond or other guarantee; failure to furnish.

If in its judgment any of the sureties on a bond or other form of guarantee approved by the public entity under W.S. 16-6-112 are insolvent or for any cause are no longer proper or sufficient sureties, the obligee may within ten (10) days require the contractor to furnish a new or additional bond or other approved guarantee. If ordered by the obligee, all work on the contract shall cease until a new or additional bond or other guarantee is furnished. If the guarantee is not furnished within ten (10) days, the obligee may at its option terminate the contract and complete the contract as the agent and at the expense of the contractor and his sureties.

Wyo. Stat. Ann. § 16-6-115 Contractor's performance and payment bond or other guarantee; limitation of actions.

No action shall be maintained on any bond or other form of guarantee satisfactory to the public entity under W.S. 16-6-112 unless commenced within one (1) year after the date of final completion of the public work as provided in W.S. 16-6-116(a)(iv).

Wyo. Stat. Ann. § 16-6-116 Payment to contractor; substantial completion; final completion; required notices.

(a) When any public work is let by contract, the public entity under whose direction or supervision the work is being carried on and conducted shall: (i) Issue a certificate of substantial completion after determination that the public work, or designated portion thereof the public entity agrees to accept separately, is substantially complete; (ii) Upon issuance of a certificate of substantial completion, cause notice to be published in a newspaper of general circulation, published nearest the point at which the work is being carried on, once a week for two (2) consecutive weeks, and posted on the state procurement website or the public entity's official website. The notice shall set forth in substance that the public entity has accepted the work, or designated portion thereof, as substantially complete according to the contract and associated documents and that the general contractor is entitled to payment as provided in paragraph (iii) of this subsection upon the forty-first day (and the notice shall specify the exact date) after the notice was first published and posted. If the contract provides for multiple substantial completions, this paragraph shall apply to each substantial completion designated in the contract; (iii) Upon the forty-first day after the notice required under paragraph (ii) of this subsection was first published and posted, the public entity under whose direction or supervision the work has been carried on shall pay to the general contractor any payment retained by the public entity under W.S. 16-6-702(b) together with any other amount due under the contract, less any amount withheld for the portion of the public work that is incomplete or not completed in accordance with the contract and associated documents; (iv) Issue a certificate of final completion after determination that the contract is fully performed and all portions of the public work are acceptable under the contract and associated documents. Any amounts withheld under paragraph (iii) of this subsection for the portion of the public work that was determined incomplete or not in accordance with the contract and associated documents and due under the contract shall be paid to the general contractor. The public entity shall post the date of final completion for the public work on the state procurement website or the public entity's official website. (b) This section does not relieve the general contractor and the sureties on his bond from any claims for work or labor done or materials or supplies furnished in the execution of the contract. (c) The public entity shall provide written notice of the requirements of this section in the project specifications.

Wyo. Stat. Ann. § 16-6-117 Payment to contractor; prerequisite filing of contractor's statement of payment; disputed claims.

In all contracts entered into by any person with a public entity for a public work, no payments under W.S. 16-6-116(a) shall be made until the person files with the public entity with which the contract has been made, a sworn statement setting forth that all claims for material, supplies and labor performed under the contract have been and are paid for the entire period of time for which the payment is to be made. If any claim for material, supplies or labor is disputed the sworn statement shall so state, and the amount claimed to be due the subcontractor or materialmen may be filed by the claimant as a claim against the general contractor's surety bond. Payment to the general contractor under W.S. 16-6-116(a) shall be paid without regard to any pending claims against the general contractor's surety bond unless the public entity has actual knowledge that the surety bond is deficient to settle known present claims, in which case an amount equal to the disputed claims may be withheld.

Wyo. Stat. Ann. § 16-6-118 Unlawful interest of officeholders in public contracts or works; exception.

(a) It is unlawful for any person, now or hereafter holding any office, either by election or appointment, under the constitution or laws of this state, to become in any manner interested, either directly or indirectly, in his own name or in the name of any other person or corporation, in any contract, or the performance of any work in the making or letting of which the officer may be called upon to act or vote. It is unlawful for any officer to represent, either as agent or otherwise, any person, company or corporation, in respect of any application or bid for any contract or work in regard to which the officer may be called upon to vote or to take or receive, or offer to take or receive, either directly or indirectly, any money or other thing of value, as a gift or bribe, or means of influencing his vote or action in his official character. Any contracts made and procured in violation of this subsection are null and void and the person violating this subsection may be removed from office. (b) Notwithstanding subsection (a) of this section, an act shall not be unlawful under this section if any person who is interested in any public contract or who represents any person, company or corporation interested in any public contract discloses the nature and extent thereof to all the contracting parties concerned therewith, absents himself during the considerations and vote thereon, does not attempt to influence any of the contracting parties and does not act directly or indirectly for the public entity in the inspection, operation, administration or performance of any contract. This section does not apply to the operation, administration, inspection or performance of banking and deposit contracts and relationships after the selection of a depository.

Wyo. Stat. Ann. § 16-6-119 Contracts for public works; right to reject bids or responses; qualifications of bidders and respondents.

Every public entity shall be authorized to determine the qualifications and responsibilities of bidders or respondents on contracts for public works and may reject any or all bids or responses for which it solicits based on the qualifications and responsibilities of bidders and respondents and readvertise for bids or responses.

Wyo. Stat. Ann. § 16-6-120 Rulemaking; penalties; enforcement.

(a) The department of workforce services shall promulgate rules and regulations as the department determines necessary or convenient to enforce this act. (b) Unless punishable under subsection (c) of this section, an individual or a business entity and any officer or member thereof that intentionally falsifies information under this act shall be: (i) Fined seven hundred fifty dollars ($750.00) for each violation for each day during which the violation continues; (ii) Barred from bidding on any contract subject to the provisions of this act or submitting any request for proposal on any project subject to the provisions of this act for one (1) year from the date the violation is corrected. (c) Any person who signs an affidavit submitted to the department pursuant to W.S. 16-1-101(a), knowing any information contained therein is false, shall be guilty of false swearing punishable as a felony in accordance with W.S. 6-5-303(a). (d) The department of workforce services is authorized and directed to enforce W.S. 16-6-101 through 16-6-206. (e) In the event a contractor fails to comply with an order from the department, the director shall refer the matter to the appropriate district or county attorney for enforcement of the department's order.

Wyo. Stat. Ann. § 16-6-121 Notice required to receive protection under a bond or guarantee; limitation; notice required by owner in project specifications.

(a) Any subcontractor or materialman entitled to the protection of a bond or other form of guarantee approved by a public entity under W.S. 16-6-112 shall give notice of his right to that protection to the general contractor. Failure to give notice to a general contractor who has complied with subsections (f) and (g) of this section waives the subcontractor or materialman's protection under the bond or guarantee. (b) The notice shall be given no later than sixty (60) days after the date on which services or materials are first furnished. (c) The notice shall be sent to the general contractor by certified mail, electronic means or delivered to and receipted by the general contractor or his agent. Notice by certified mail or electronic means is effective on the date the notice is mailed or sent electronically. (d) The notice shall be in writing and shall state that it is a notice of a right to protection under the bond or guarantee. The notice shall be signed by the subcontractor or materialman and shall include the following information: (i) The subcontractor or materialman's name, address and phone number and the name of a contact person; (ii) The name and address of the subcontractor's or materialman's vendor; and (iii) The type or description of the materials or services provided. (e) This section shall only apply where the general contractor's contract is for an amount exceeding one hundred fifty thousand dollars ($150,000.00). (f) The general contractor shall post on the construction site a prominent sign citing this section and stating that any subcontractor or materialman shall give notice to the general contractor of a right to protection under the bond or guarantee and that failure to provide the notice shall waive the subcontractor or materialman's protection under the bond or guarantee. (g) The owner or his agent shall provide written notice of the information required by this section in the project specifications.

Wyo. Stat. Ann. § 16-6-122 Public works contracts and grants; prohibited terms; exemptions; definitions.

(a) Subject to W.S. 16-6-108, a governmental entity that awards or renews a contract on or after July 1, 2023, for a construction related project regarding a facility the governmental entity owns or leases directly or through a building authority, shall not include any of the following terms in any contract related document a term that: (i) Requires, prefers or prohibits a bidder, offeror, contractor or subcontractor from entering into or adhering to an agreement with any person including a labor organization in regard to the construction related project; (ii) Subject to the provisions of the Wyoming Preference Act of 1971, W.S. 16-6-201 through 16-6-206, otherwise discriminates against a bidder, offeror, contractor or subcontractor for being, becoming or refusing to become or remain a signatory to, or for adhering or refusing to adhere to, an agreement with any person including a labor organization in regard to the construction related project. (b) A governmental entity shall not award or renew a grant for a construction related project that is conditioned on the recipient including a term prohibited by subsection (a) of this section in a contract related document concerning a facility or real property that is the subject of the grant. (c) The head of a governmental entity may exempt a contract related document or grant from the requirements of subsection (a) or (b) of this section, as applicable, if the governmental entity finds that the exemption is necessary to avert an imminent threat to public health or safety. (d) As used in this section: (i) "Construction related project" includes the construction, improvement, maintenance, expansion, repair, renovation, remodeling or demolition of a facility; (ii) "Contract related document" includes a bid specification, project agreement or other controlling document for a construction related project; (iii) "Facility" means: (A) A highway, road, bridge, runway or rail; (B) A building or structure along with its grounds, approaches, services, fixtures and appurtenances; (C) Any other similar physical improvement to real property. (iv) "Governmental entity" means the University of Wyoming, the state, any department thereof, and any county, city, town, school district, community college district, other political subdivision and other public corporation of the state.

Wyo. Stat. Ann. § 16-6-202 Definitions.

(a) As used in this act: (i) "Laborer" means a person employed to perform unskilled or skilled manual labor for wages in any capacity and does not include independent contractors; (ii) "Resident" or "Wyoming laborer" includes any person who is a citizen of the United States, or a person who is authorized to work in the United States by an agency of the federal government, and has resided in the state of Wyoming for at least ninety (90) days, or as otherwise authorized by department of workforce services rules, preceding the application for employment; (iii) "Wages" means a payment of money for labor or services according to a contract or any hourly, daily or piece-work basis; (iv) "Public work" means as described in W.S. 16-6-101(a)(ix); (v) "Public entity" means as defined in W.S. 16-6-101(a)(viii); (vi) "This act" means W.S. 16-6-201 through 16-6-206.

Wyo. Stat. Ann. § 16-6-203 Required resident labor on public works; exception.

(a) Except as otherwise provided in this act, every person who is responsible for a public work shall employ only Wyoming laborers on the public work. Every contract for a public work let by any person shall contain a provision requiring that Wyoming laborers be used except nonresident laborers may be used when Wyoming laborers are not available for the employment from within the state or are not qualified to perform the work involved. The contract shall contain a provision requiring specific acknowledgement of the requirements of this section. A person required to employ Wyoming laborers may employ nonresident laborers if: (i) That person submits written notice to the nearest state workforce center of his need for laborers. The notice may include the person's need for laborers on multiple public works that the person is responsible for during a nine (9) month period. The notice shall specify if the need for laborers constitutes an emergency that endangers the health, welfare or safety of the public as determined by the public entity associated with the public work. If the person's need for laborers substantially changes during the period, the person may amend the written notice submitted under this paragraph; (ii) The state workforce center certifies that the person's need for laborers cannot be filled from those Wyoming laborers listed with the Wyoming department of workforce services or that an emergency exists that endangers the health, welfare or safety of the public as determined by the public entity associated with the public work for which Wyoming laborers are not readily available. The certification shall specify the number of nonresident laborers the person may employ on the public works the person is responsible for during the nine (9) month period following certification. Except as provided in this paragraph, the state workforce center shall respond to a person's request for certification or certification amendment within ten (10) days of the date the written notice is received. The state workforce center shall respond to a person's emergency request for certification as soon as practicable but not to exceed three (3) days after the date the emergency request is received; and (iii) Upon hiring, the person shall submit to the state workforce center the number of nonresident laborers employed by the person pursuant to the certification issued under paragraph (ii) of this subsection and the public work or works for which each nonresident laborer is employed during the period of certification. The number of nonresident laborers employed during the period of certification shall not exceed the number specified by the certification or certification amendment. (b) Upon request by a state workforce center, the general contractor shall provide the most recent construction schedule for a public work.

Wyo. Stat. Ann. § 16-6-204 Employees not covered by provisions.

All other employees of the contractor or subcontractor, other than laborers as defined by this act, are not covered by this act.

Wyo. Stat. Ann. § 16-6-205 Enforcement.

(a) The department of workforce services shall promulgate rules and regulations required to enforce this act and is authorized and directed to enforce this act. For purposes of all investigations, the department shall have the power to issue subpoenas requiring the attendance and testimony of witnesses and the production of any books, papers, documents or records which the department deems relevant or material to the inquiry. (b) If requested in writing by the department of workforce services or contracting entity, the general contractor shall provide to the department or contracting entity a payroll report for the period requested for all contractors and subcontractors involved in the project in a form that is consistent with federally certified reporting requirements and includes residency status for each laborer. (c) This act shall not be enforced in a manner which conflicts with any federal statutes or rules and regulations.

Wyo. Stat. Ann. § 16-6-206 Failure to employ state laborers; penalty.

(a) A person who willfully or intentionally fails to use Wyoming laborers as required in this act shall be subject to a civil penalty of not more than one thousand dollars ($1,000.00) per nonresident laborer employed per day, not to exceed a total penalty of ten percent (10%) of the amount of the person's contract. Each separate case of failure to employ Wyoming laborers on a public work constitutes a separate offense. (b) In the event a second offense occurs within a twelve (12) month period from the date of the first offense, the person shall be barred from bidding on any contract subject to the provisions of this act or submitting any request for proposal on any public work subject to the provisions of this act for one (1) year from the date the second violation is corrected. (c) Before a civil penalty is imposed under this section, the department of workforce services shall notify the person accused of a violation. The notice shall be served in accordance with the Wyoming Rules of Civil Procedure and contain: (i) A statement of the grounds for imposing the civil penalty, including a citation to the statute involved; (ii) A statement of the facts in support of the allegations; (iii) A statement informing the person of the right to a hearing and that failure to timely request a hearing will result in imposition of the civil penalty stated. (d) A request for hearing on a proposed civil penalty shall be in writing and shall be submitted to the department no later than seven (7) days after receipt of the notice from the department. The hearing shall be conducted as a contested case before a hearing examiner of the office of administrative hearings. The hearing shall be no later than fifteen (15) days after receipt of the request for hearing, unless the person subject to the proposed civil penalty requests an extension of time for good cause shown. The hearing officer shall recommend a decision to the director of the department. After hearing or upon failure of the accused to request a hearing, the director of the department shall determine the amount of the civil penalty to be imposed in accordance with the limitations in this section. Judicial review, if any, shall be from the decision of the director and in accordance with the provisions of the Wyoming Administrative Procedure Act. (e) A civil penalty may be recovered in an action brought by the attorney general in the name of the state of Wyoming in any court of appropriate jurisdiction.

Wyo. Stat. Ann. § 16-6-301 Preference for resident bidders; exception; "resident" defined; violation.

(a) Whenever a contract is let by the state or any department thereof, or any of its subdivisions, for public printing, including reports of officers and boards, pamphlets, blanks, letterheads, envelopes and printed and lithographed matter of every kind and description whatsoever, the contract shall be let to the responsible resident making the lowest bid if the resident's bid is not more than ten percent (10%) higher than that of the lowest responsible nonresident bidder. Any successful resident bidder shall perform at least seventy-five percent (75%) of the contract within the state of Wyoming. This section shall not apply to any contract for the compilation, codification, revision, or digest of the statutes or case law of the state. (b) As used in this section, "resident" means any person or business entity who has been a bona fide resident of this state as defined in W.S. 16-6-101(a)(i), for one (1) year or more immediately prior to bidding upon a contract, and who has an established printing plant in actual operation in the state of Wyoming immediately prior to bidding upon a contract. (c) Any contract let or performed in violation of this section shall be null and void and no funds shall be paid for the performance thereof.

Wyo. Stat. Ann. § 16-6-401 Definitions.

(a) As used in this article: (i) "Economic life" means the projected or anticipated useful life of a major facility as expressed by a term of years; (ii) "Energy-consumption analysis" means the evaluation of all energy systems and components by demand and type of energy including the internal energy load imposed on a major facility by its occupants, equipment and components, and the external energy load imposed on a major facility by the climatic conditions of its location. The energy-consumption projections shall take into account daily and seasonal variations in energy system output during normal operations; (iii) "Energy systems" means all utilities, including heating, air-conditioning, ventilating, lighting and the supplying of domestic hot water; (iv) "Initial cost" means the monies required for the capital construction or renovation of a major facility; (v) "Life-cycle cost analysis" means a study to compute life-cycle costs, as required in this act; (vi) "Life-cycle cost" means the cost of a major facility including its initial cost, the cost of the energy consumed over its economic life and the cost of its operation and maintenance; (vii) "Major facility" means any publicly owned building having eighteen thousand (18,000) square feet or more of gross floor area; (viii) "Public agency" means every state office, officer, board, commission, committee, bureau, department and all political subdivisions of the state; and (ix) "Renovation" means as defined by W.S. 9-2-3001(b)(xi).

Wyo. Stat. Ann. § 16-6-402 Computation of life-cycle costs.

(a) Life-cycle costs shall be the sum of: (i) Initial cost; (ii) The reasonably expected fuel costs over the life of the building based on the energy consumption analysis; and (iii) The reasonable costs of maintenance and operation as they pertain to energy systems. (b) Life-cycle costs shall be computed for two (2) or more alternatives for construction of the facility.

Wyo. Stat. Ann. § 16-6-403 Life-cycle cost analyses.

Public agencies shall, prior to the construction or renovation of any major facility, include in the design phase a provision requiring that life-cycle cost analyses be prepared for two (2) or more alternatives for the construction of the facility. These life-cycle cost analyses shall be available to the public. The life-cycle costs shall be a consideration in the selection of a building design by a public agency.

Wyo. Stat. Ann. § 16-6-501 Building plans and specifications; required facilities; elevators; curb ramps; inspections; exceptions.

(a) The plans and specifications for the construction of or additions to all buildings for general public use built by the state or any governmental subdivision, school district or other public administrative body within the state, shall provide facilities and features conforming with the specifications set forth in the accessibility and supplemental accessibility requirements of the 2012 edition of the International Building Code. (i) Repealed by Laws 2015, ch. 158, § 2. (ii) Repealed by Laws 2015, ch. 158, § 2. (iii) Repealed by Laws 2015, ch. 158, § 2. (iv) Repealed by Laws 2015, ch. 158, § 2. (v) Repealed by Laws 2015, ch. 158, § 2. (b) Every curb or sidewalk to be constructed or reconstructed in Wyoming, where both are provided and intended for public use, whether constructed with public or private funds, shall provide a ramp at points of intersection between pedestrian and motorized lines of travel and no less than two (2) curb ramps per lineal block. Design for curb ramps shall be designed in accordance with the current Americans With Disabilities Act accessibility guidelines. (c) Except as provided in this subsection, the state fire marshal or city engineer, or their designee, shall inspect any structure described in subsection (a) of this section at the request of any person. Curb ramps shall be inspected by the city at the request of any person and shall be modified or reconstructed by the contracting authority to meet the requirements of W.S. 16-6-501 through 16-6-504. (d) Exceptions for good cause may be granted by the state fire marshal for any structure described in subsection (a) of this section or by the city for curb ramps.

Wyo. Stat. Ann. § 16-6-502 Building plans and specifications; state fire marshal; review and approval.

All plans and specifications for the construction of or additions to buildings for general public use, built by the state or any governmental subdivision, school district or other public administrative body within this state, shall be submitted for review and approval by the state fire marshal, who shall approve if he finds the plans provide facilities which conform to the specifications set forth in the accessibility and supplemental accessibility requirements of the 2012 edition of the International Building Code.

Wyo. Stat. Ann. § 16-6-503 Building plans and specifications; state fire marshal; ruling and determination; filing of written objection.

The state fire marshal shall within five (5) days mail a copy of his ruling and determination to the contracting authority and to any other interested or affected person, as defined under the Wyoming Administrative Procedure Act, who has made timely request of the state fire marshal for receipt of copies of all rulings and determinations. All mailings by the state fire marshal made under this section shall be made by certified mail. Any time within ten (10) days after receipt of the ruling or determination made by the state fire marshal the contracting authority or any other interested or affected person may object to the determination, or any part thereof as the contracting authority or any other interested or affected person deems objectionable by filing a written notice with the state fire marshal, stating the specific grounds of the objection. The written objection shall be filed in the records of the state fire marshal and shall be available for inspection by any person who may be affected.

Wyo. Stat. Ann. § 16-6-504 Building plans and specifications; hearing on objection; final administrative determination; judicial review.

(a) Within five (5) days of the receipt of the objection, the state fire marshal shall notify the department of fire prevention and electrical safety of the objection. That department shall set a date for a hearing on the objection to be held not less than ten (10) days nor more than thirty (30) days following receipt of the objection notice from the state fire marshal. Written notice of the time and place of the hearing shall be given by the department to the contracting authority and any other interested and affected persons at least ten (10) days prior to the date set for the hearing. (b) The procedure before the department of fire prevention and electrical safety for hearing of objections shall be as provided in the Wyoming Administrative Procedure Act. (c) Within ten (10) days of the conclusion of the hearing, the department shall rule on the written objections and make the final determination it determines that the evidence warrants. Immediately upon its final determination, the department shall serve a certified copy thereof on the contracting authority and all other interested and affected persons who may have appeared at the hearing, by personal service or by registered or certified mail. (d) The final decision of the department of fire prevention and electrical safety is subject to review in accordance with the Wyoming Administrative Procedure Act. All proceedings in any district court affecting a determination of the department of fire prevention and electrical safety shall have priority in hearing and determination over all other civil proceedings pending in the court, except election contests.

Wyo. Stat. Ann. § 16-6-601 Definitions.

(a) As used in this article: (i) "Agency" means any department, agency or other instrumentality of the state or of a political subdivision of the state; (ii) "Goods" means all personal property purchased, procured or contracted for by an agency, including leases of real property or other arrangements for the use of space; (iii) "Services" means all services purchased, procured or contracted for by an agency, including construction services.

Wyo. Stat. Ann. § 16-6-602 Payment of agency accounts; interest.

Except as provided by contract, any agency which purchases or procures goods and services from a nongovernmental entity shall pay the amount due within forty-five (45) days after receipt of a correct notice of amount due for the goods or services provided or shall pay interest from the forty-fifth day at the rate of one and one-half percent (1 1/2%) per month on the unpaid balance until the account is paid in full, unless a good faith dispute exists as to the agency's obligation to pay all or a portion of the account.

Wyo. Stat. Ann. § 16-6-701 Definitions.

(a) As used in this act: (i) "Acceptable depository" means a state or national bank or a savings and loan association or credit union in which deposits are insured; (ii) "Contractor" means any person who is a party to a contract with a public entity for a public work; (iii) "Public entity" means as defined in W.S. 16-6-101(a)(viii); (iv) Repealed by Laws 2020, ch. 31, § 2. (v) "Alternate design and construction delivery method" means the delivery method described by any qualifications based procurement of design and construction services, including all procedures, actions, events, contractual relationships, obligations and forms of agreement for the successful completion of any public work, other than by design, bid and build. Alternate design and construction delivery methods available to a public entity include construction manager agent, construction manager at risk or design-builder; (vi) "Construction manager agent" means a type of construction management delivery where the professional service is procured under existing statutes for professional services. The construction manager agent is a construction consultant providing administrative and management services to the public entity throughout the design and construction phases of a public work. Under this delivery method, the construction manager agent is not the contracting agent and is not responsible for purchase orders; (vii) "Construction manager at-risk" means a type of construction management delivery in which the construction manager at-risk is an advocate for the public entity as determined by the contracts throughout the preconstruction phase of a project. In the construction phase of a public work, the construction manager at-risk is responsible for all project subcontracts and purchase orders and may conduct all or a portion of the public work. Under this delivery method, the construction manager at-risk is responsible for providing a guaranteed maximum price for the public work to the public entity prior to commencing the public work and the construction manager at-risk shall be required to bond any project in accordance with W.S. 16-6-112; (viii) "This act" means W.S. 16-6-701 through 16-6-708; (ix) "Design-build" means a type of construction delivery method in which there is a single contract between the public entity and a design-builder who furnishes architectural, engineering and other related design services as required for the public work, as well as labor, materials and other construction services necessary for the public work. A design-builder may be selected by the public entity based on evaluation of responses to a request for qualifications, fixed scope request for proposal or fixed price request for proposal. The following shall apply: (A) A design-builder may be selected based solely on a response to a request for qualification for public works with an estimated construction cost of five hundred thousand dollars ($500,000.00) or less provided there are not less than two (2) respondents; (B) Responses to a fixed scope request for proposal or a fixed price request for proposal shall be used as the bases for selection for a public work with an estimated construction cost of more than five hundred thousand dollars ($500,000.00); (C) Interested parties shall first respond to a request for qualification. Based on responses to the request for qualification a minimum of two (2) and maximum of five (5) respondents may be selected to respond to a fixed scope request for proposal or a fixed price request for proposal; (D) The respondent chosen by evaluation to provide the best overall value for the public work shall be selected in response to a fixed scope request for proposal or a fixed price request for proposal. The best overall value shall be determined based on criteria set forth by the public entity letting the public work and may include, but is not limited to, qualifications, price, quality of materials and products, past experience and schedule; (E) All unsuccessful respondents to a response for a fixed scope request for proposal or fixed price request for proposal may be compensated at the discretion of the public entity based upon a percentage of the price of the public work as proposed by the successful respondent in the respondent's original proposal. Any compensation provided pursuant to this subparagraph shall be clearly specified in the request for proposal. (x) "Design-builder" means an entity that provides design-build services as described under paragraph (ix) of this subsection whether by itself or through subcontractual arrangements with other entities; (xi) "Fixed price request for proposal" means a request for an oral and written presentation of all qualifications deemed pertinent to the public work by the public entity in addition to a schematic design and detailed description of all materials and products proposed to accommodate a preliminary project program prepared by the public entity and provided in the fixed price request for proposal. The successful respondent shall construct the public work described in their design and material and product description for a fixed price prepared by the public entity and provided in the fixed price request for proposal. The final guaranteed maximum price and scope for the public work may be altered from the request for proposal and negotiated with the successful respondent at the discretion of the public entity; (xii) "Fixed scope request for proposal" means a request for an oral and written presentation of all qualifications deemed pertinent to the public work by the public entity in addition to a guaranteed maximum price for a preliminary design prepared by the design builder incorporating all elements of a fixed scope for the public work prepared by the public entity and provided in the fixed scope request for proposal. The final guaranteed maximum price and scope for the public work may be altered from the request for proposal and negotiated with the successful respondent at the discretion of the public entity; (xiii) "Request for qualification" means a request for an oral or written presentation of all qualifications deemed pertinent to the public work by the public entity. The request for qualification shall include not less than all the provisions contained in W.S. 16-6-707(b); (xiv) "Public work" means as described in W.S. 16-6-101(a)(ix).

Wyo. Stat. Ann. § 16-6-702 Public entity; contracts; partial payments; retainage; alternate delivery methods authorized.

(a) A public entity awarding a contract for a public work shall authorize partial payments of the amount due under the contract as stipulated in the contract document or as soon thereafter as practicable, to the contractor if the contractor is satisfactorily performing the contract. (b) In all contracts with a public entity for a public work, the public entity may retain no more than five percent (5%) of the calculated value of any work completed as retainage. The retained payment shall be due and payable as prescribed by W.S. 16-6-116(a). The retained payment shall be held in an account in the name of the contractor which account has been assigned to the public entity. If the public entity finds that satisfactory progress is being made in all phases of the contract it may, upon written request by the contractor, authorize payment from the withheld percentage. Before the payment is made, the public entity shall determine that satisfactory and substantial reasons exist for the payment and shall require written approval from any surety furnishing bonds for the contract work. (c) Alternate design and construction delivery methods may be used by a public entity for a public work.

Wyo. Stat. Ann. § 16-6-703 Public work; completion by public entity; partial payments.

If it becomes necessary for a public entity to take over the completion of any public work, all of the amounts owing the contractor, including any payment retained under W.S. 16-6-702(b), shall first be applied toward the cost of completion of the public work. Any balance of the retained payment remaining after completion of the public work by the public entity shall be payable to the contractor or the contractor's creditors. The retained payment which may be due any contractor shall be due and payable as prescribed by W.S. 16-6-116(a).

Wyo. Stat. Ann. § 16-6-704 Interest bearing deposit agreement; option to enter into.

If requested by the general contractor, a public entity shall enter into an interest bearing deposit agreement with any depository designated by the general contractor, after notice to the surety, to provide an agent for the custodial care and servicing of any deposits placed with him pursuant to this act on any contract of more than fifty thousand dollars ($50,000.00). The services shall include the safekeeping of the obligations and the rendering of all services required to effectuate the purposes of this act.

Wyo. Stat. Ann. § 16-6-705 Custodian for obligations; collection of interest income-payable to contractor.

The public entity or any depository designated by the contractor to serve as custodian for the obligations pursuant to W.S. 16-6-704 shall collect all interest and income when due on obligations so deposited and shall pay them, when and as collected, to the contractor or as otherwise instructed by the contractor. Any expense incurred for this service shall not be charged to the public entity.

Wyo. Stat. Ann. § 16-6-706 Applicability of provisions.

This act does not apply in the case of a contract made or awarded by any public entity if a part of the contract price is to be paid with funds from the federal government or from some other source and if the federal government or the other source has requirements concerning retention or payment of funds which are applicable to the contract and which are inconsistent with this act.

Wyo. Stat. Ann. § 16-6-707 Construction management alternate delivery method.

(a) Excluding contracts for professional services, construction management and design-build delivery negotiations by public entities and construction managers shall be in accordance with residency and preference requirements imposed under W.S. 16-6-101 through 16-6-107. (b) Formal requests for proposal for preconstruction or construction services by a construction manager or a design-builder submitted by a public entity shall require at least the following information: (i) The location of the primary place of business; (ii) The name and identification of individuals to be assigned to the project; (iii) Experience with similar projects; (iv) Qualifications; (v) Ability to protect the interests of the public entity during the project; (vi) Ability to meet project budget and time schedule requirements; (vii) Excluding contracts for professional services, compliance with W.S. 16-6-101 through 16-6-107; and (viii) For design-build alternative construction delivery methods, the names of the prime consultants used for architectural and engineering design services. (c) Negotiations between a public entity and a construction manager at-risk shall require that the construction manager at-risk comply with the residency and preference requirements imposed under W.S. 16-6-101 through 16-6-107 in the procurement of subcontractors and materials.

Wyo. Stat. Ann. § 16-6-708 Responsibilities under alternative delivery contracts.

(a) Any construction manager agent, construction manager at risk or design-builder contract awarded shall comply with any reporting and administrative requirements as required by the public entity of the recipient of a design, bid and build contract, including retained payments, payment and performance bonding and default of contract. (b) All bids received under this section including subcontractor bids, shall be opened in public following reasonable public notice.

Wyo. Stat. Ann. § 16-6-801 Definitions.

(a) As used in this article: (i) "Agency" means any state office, department, board, commission or institution and any community college district to which funds have been appropriated, bonded or otherwise provided by the state for the design and original construction of any new building; (ii) "Architect" means any person licensed to practice architecture pursuant to W.S. 33-4-101 through 33-4-117 and designated as the project architect for a specific capital construction project; (iii) "Artist" means any practitioner generally recognized by peers or critics as a professional who produces works of art; (iv) "Building" means any permanent structure and any appurtenant structure intended to function as an office, courtroom, hearing or meeting room or other space for carrying on the operation of any agency and any auditorium, meeting room, classroom or other educational facility, library or museum space, or information center for use by the public, excluding utility lines, water projects, fish ponds, school buildings, city buildings, county buildings, public restrooms at state parks, separate structures which are not part of a larger construction project intended solely as storage, warehouse or maintenance and repair facilities; (v) "Construction cost" means the cost for the actual design and original construction of any new building which is funded in total or in part by appropriated state funds, excluding land acquisition. The phrase does not include the cost for any building funded in part by city or county funds; (vi) "Department" means the department of state parks and cultural resources acting through the Wyoming arts council established under W.S. 9-2-901; (vii) "User" means that agency with principal administrative responsibility for the actual use of any building; (viii) "Works of art" means any fresco, mosaic, sculpture, drawing, painting, photograph, calligraphy, graphic art, stained glass, wall hanging, tapestry, fountain, ornamental gateway, monument, display, architectural embellishment, craft, architectural landscape or any work of mixed media by an artist.

Wyo. Stat. Ann. § 16-6-802 Construction of new public buildings; state funds.

(a) The original construction of any new building shall include works of art for public display, which shall be included by the agency in determining total construction costs of the building at an amount equal to one percent (1%) of total costs but not to exceed one hundred thousand dollars ($100,000.00) on any one (1) project. Any new construction project for which the total cost is less than one hundred thousand dollars ($100,000.00) is exempt from this subsection. (b) Prior to transferring or authorizing the expenditure of any state funds for the original construction of any new building, the state auditor shall transfer to the state treasurer an amount equal to the amount specified under subsection (a) of this section for works of art. Upon receipt, the state treasurer shall deposit the amount transferred into a separate account, together with any grants, gifts or other funds received or appropriated by the state for the sole purpose of acquiring works of art for placement in buildings. Amounts deposited within the separate account shall be expended by the department for the acquisition of works of art by purchase, lease, commission or otherwise, the maintenance of works of art placed in buildings pursuant to this article and for the administration of this article.

Wyo. Stat. Ann. § 16-6-803 Department of commerce to acquire works of art; advisory panel to consult in acquisition; procedure; public education programs.

(a) In administering this article, the department shall in consultation with the advisory panel selected pursuant to subsection (c) of this section, designate works of art and sites for placement within buildings and shall accordingly and as necessary, select, purchase, commission, review, place, accept, sell, exchange or dispose of works of art. (b) The acquisition of works of art from funds within the separate account established under W.S. 16-6-802(b) shall not require advertisement for bids. (c) The department shall select a panel to serve in an advisory capacity to the department in selecting and designating works of art, comprised of representatives of the community in which the building is located, the user agency, the art community and the architect involved in the original construction of the building. Each panel member shall receive reimbursement for travel and per diem in the same amount and manner as by law provided for state employees. (d) The department shall by rule and regulation establish the jury procedure for works of art acquired under this article, which shall at minimum: (i) Give preference to Wyoming artists; (ii) Prohibit consideration of any work of art of any panel member or a member of his immediate family for the project on which the panel member is serving; (iii) Require cooperation and communication with local and national art agencies; (iv) Provide a process for the transfer of acquired works of art from one (1) location to another. (e) The department may, upon request of any agency, authorize the acquisition of works of art through the pooling of funds available from small, multiple new construction projects and through the use of funds within the separate account as matching any funds available from nonstate sources. (f) In addition to other duties imposed under this article, the department shall develop and implement public education programs on the purpose of this article, the process for selecting works of art for placement in buildings, the state art collection and on the acquired works of art.

Wyo. Stat. Ann. § 16-6-804 Acquisitions property of state art collection; maintenance; expenses.

(a) Upon acquisition of any work of art in accordance with this article, the work of art becomes the property of the state art collection and the department, through the state museum, shall: (i) Maintain an inventory of the acquired work of art; (ii) Maintain and preserve the work of art; and (iii) Periodically review and examine the acquired work of art and report to the director of the department on any necessary restoration, repair, deaccession or replacement of the work of art. (b) The expenses incurred by the department in performing duties imposed under this section shall be paid from the separate account established under W.S. 16-6-802(b), which shall not exceed ten percent (10%) of the total amount expended for any specific work of art.

Wyo. Stat. Ann. § 16-6-805 Application.

Nothing in this article shall limit the acquisition or placement of works of art acquired from other nonstate sources nor shall this article limit the use of architectural, functional or structural detailing or garnishing in the construction, remodeling, renovation or restoration of any building.

Wyo. Stat. Ann. § 16-6-1001 Capital construction projects restrictions; preference requirements; waivers.

(a) Unless otherwise prohibited by federal law, any funds appropriated to or authorized for expenditure by a public entity for capital construction projects shall be subject to the restrictions of this section which shall be construed where possible as complimentary and consistent with other statutory requirements relating to competitive bidding and contractor preferences. To the extent the restrictions in this section are inconsistent with other state statutes, this section shall supersede all such inconsistent provisions and shall govern. This section shall be applied as follows: (i) This paragraph shall apply to any alternate design and construction delivery method as defined in W.S. 16-6-701(a)(v): (A) All contracts shall require the construction manager at risk or design builder to conduct an open bid process in compliance with Wyoming contractor preference laws before awarding any subcontracts for work covered under the contract; (B) Unless exempted pursuant to subparagraph (C) of this paragraph the construction manager at risk or design builder shall award to responsible Wyoming resident contractors not less than seventy percent (70%) of the work covered by the manager's or builder's contract. As used in this subparagraph "work covered" shall be calculated using the total contract price and the total of payments made to all subcontractors under the contract, including materials but excluding from both amounts the price for any part of the contract for which a waiver is provided under subparagraph (C) of this paragraph; (C) The requirement of subparagraph (B) of this paragraph may be waived for any part of the subcontract work to be performed under the contract. If waived in part, the remaining value of the total subcontract work to be performed under the contract is subject to and shall be used to calculate compliance with the requirement of subparagraph (B) of this paragraph. A waiver shall require a written determination that: (I) The work to be performed is specialized or of such a scale that it can be more suitably performed by out-of-state contractors; (II) The bid amounts submitted by responsible Wyoming subcontractors exceed one hundred five percent (105%) of the costs of out-of-state providers for equivalent quality of work or services; (III) The enforcement of the requirement would unreasonably delay completion of construction; or (IV) There were insufficient responsible Wyoming contractors submitting bids to make the seventy percent (70%) requirement. (V) Repealed by Laws 2012, Ch. 106, § 2. (D) Any waiver shall be approved in writing by the following persons: (I) For projects to be completed by the state of Wyoming, by the director of the state construction department; (II) For projects to be completed by the University of Wyoming, by the president of the university and the chairman of the board of trustees; (III) For projects subject to review by the state construction department under title 21 of Wyoming statutes, by the director of the state construction department and the chairman of the board of the school facilities commission; (IV) For projects completed by a community college, by the community college president and its chairman of the board of trustees; (V) For all other projects, by the respective governing body. (E) Any approved waiver shall be documented in writing and provided to the governor. Notice of all approved waivers shall also be published on a website maintained by the state construction department, including a statement of the grounds for the waiver. (ii) Unless exempted pursuant to subparagraph (D) of this paragraph, this paragraph shall apply to all construction delivery methods: (A) The procurement of furniture and movable equipment shall be done by competitive bid based upon: (I) Specifications written for products that are available from Wyoming resident suppliers; or (II) If specified products are not available from any Wyoming resident supplier, specifications addressing performance standards and functional requirements determined by the public entity. The public entity may specify suggested individual brands or manufacturers, provided that similar products that meet or exceed specifications shall be accepted as substitute products. Specified products that are not available to any responsible Wyoming resident suppliers shall not be used in any group or package within the bid documents which would exclude responsible Wyoming resident suppliers from submitting a bid on the final bid package. (B) No person who was employed by the public entity to prepare the bid documents, whether with or without compensation, shall be eligible to bid on the final bid package; (C) A five percent (5%) preference shall be granted to responsible Wyoming resident suppliers for procurements by public entities and that are used in and incorporated into a capital construction project; (D) The requirements of subparagraph (A) of this paragraph may be waived by a political subdivision of the state for furniture or movable equipment upon a written determination that the furniture or movable equipment requirements of the project are so specialized or that an item or type of furniture or movable equipment is so unique or uncommon that failure to waive the requirements would materially impair the functionality of the project. Waivers under this subparagraph shall be approved by the governing body of the political subdivision. (iii) All bids shall be opened in public at a location designated by the public entity soliciting the bid. This paragraph shall apply to all construction delivery methods; (iv) Contractor progress payments shall be made only in accordance with this paragraph. If a public entity determines that a general contractor in good standing on a project requires a progress payment due for work completed in a workmanlike manner in order to pay a materialman, subcontractor or laborer for their work performed to date, the entity may issue the progress payment upon verification that all materialmen, subcontractors and laborers have been paid for completed work through the date of the most recent previous progress payment, less any contracted amounts lawfully held for retainage. If a progress payment has been withheld by a general contractor due to a reasonable dispute between a general contractor and a materialman or subcontractor, the claimant may present a claim in the disputed amount against the general contractor's surety bond under the provisions of W.S. 16-6-117. A person submitting false information regarding a progress payment subject to this paragraph shall be subject to the provisions of W.S. 16-6-120. (b) Repealed by Laws 2020, ch. 31, § 2. (c) Repealed by Laws 2020, ch. 31, § 2. (d) Repealed by Laws 2020, ch. 31, § 2. (e) Repealed by Laws 2013, Ch. 134, § 2. (f) As used in this section: (i) "Capital construction project" means as defined by W.S. 9-2-3001(b)(ii); (ii) "Public entity" means as defined in W.S. 16-6-101(a)(viii).

Wyo. Stat. Ann. § 16-6-1101 Contractor licenses; reciprocity; requirements.

(a) As used in this section: (i) "Accepting jurisdiction" means a county, city, town or other government entity that is required to recognize and accept a license issued by an issuing jurisdiction; (ii) "Contractor" means a person employed by and contracting with an owner to improve an owner's property; (iii) "Issuing jurisdiction" means the county, city, town or other government entity that issued a license to a contractor; (iv) "License" means any license or certification necessary for a contractor to perform work in a jurisdiction. (b) Each county, city, town and other government entity that issues licenses to contractors shall recognize a license issued to a contractor by another county, city, town or other government entity in Wyoming, in accordance with the following: (i) Before the accepting jurisdiction shall recognize the license under this section: (A) The contractor's license shall be active; and (B) The contractor shall be in good standing with the issuing jurisdiction and shall provide to the accepting jurisdiction any proof of financial assurance required by the accepting jurisdiction. (ii) The contractor shall provide proof of the successful completion of the international code council examination for contractor, plumbing, mechanical or another appropriate examination, or an equivalent. Contractors seeking to have a license recognized by an accepting jurisdiction for fire systems installation, testing or maintenance shall provide proof of the successful completion of the appropriate manufacturer certification, including the national institute for certification in engineering technologies, American fire sprinkler association, national fire sprinkler association or their equivalents. Upon providing appropriate proof under this paragraph, no contractor shall be required to complete any testing in the accepting jurisdiction for recognition of the license; (iii) Any applications required for recognition of a license by an accepting jurisdiction shall only require the minimum amount of information necessary for the accepting jurisdiction to verify the license and the contractor's good standing in the issuing jurisdiction; (iv) The accepting jurisdiction may require a contractor to provide proof sufficient for the accepting jurisdiction to confirm that the contractor's license is active and in good standing in the issuing jurisdiction; (v) The accepting jurisdiction may deny a contractor recognition of a license if the contractor has previously had a license revoked or suspended by the accepting jurisdiction; (vi) Nothing in this subsection shall be construed to: (A) Require an accepting jurisdiction to grant privileges to a contractor for a license that is not of a similar type or class to the license granted by the issuing jurisdiction; (B) Prohibit an accepting jurisdiction from requiring a contractor to complete application requirements and procedures, satisfactorily complete any testing requirements or pay fees if the contractor seeks to perform work in an accepting jurisdiction that is not covered under the license issued by the issuing jurisdiction or seeks to perform work that is not at an equivalent level of required competency in the accepting jurisdiction. (c) Nothing in this subsection shall be construed to prohibit any county, city, town or other government entity that issues licenses to contractors from entering into agreements for the recognition of licenses obtained in other jurisdictions in Wyoming.
Source: WY Statutes (Official Site)URL: https://wyoleg.gov/statutes/compress/title16.pdfFetched: 10/4/2026

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