Bill No.: SF0144                     Drafter:  DKG

LSO No.:   11LSO-0562                 Effective Date:  3/2/1011

Enrolled Act No.:    SEA0067

Chapter No.:         81

Prime Sponsor:       Senator Nicholas, P.

Catch Title:         State funded construction projects/preference provisions.

Subject:        Preference and other requirements relating to construction projects.

Summary/Major Elements:

· Current law provides that contracts for public works may be let through an alternate design and construction delivery method.  This act places additional restrictions on those contracts if the contract is let using appropriations authorized during the fiscal biennium ending June 30, 2012.

· This act requires that those alternate design and construction delivery contracts shall require the construction manager or design builder to conduct an open bid process before awarding subcontracts.

· Resident subcontractors shall be awarded at least 70% of the value of all subcontract work unless waived for specified reasons.  Any waiver must be approved in writing by specified authorities (depending on the entity letting the contract) and the written waiver must be provided to the governor and the joint appropriations interim committee.

· This act requires that certain procurement of furniture, fixtures and equipment shall done by competitive bid under specified requirements (unless waived as provided above).  This provision applies to all construction delivery methods.

· This act requires that no person who was employed by the agency to prepare bid documents shall be eligible to bid on the final bid package and that a 5% preference shall be granted to responsible Wyoming resident suppliers.

· Contractor progress payments may only be made after the agency has been supplied with applicable lien waivers signed by subcontractors or payment has been made to subcontractors for work done.

· This act requires agencies to submit a plan to the governor and the appropriations committee which promotes employment of Wyoming resident design firms.  Agencies are also required to review capital construction projects awarded since July 1, 2008 to assess whether resident preference statutes were adhered to.

· This act authorizes the Governor to modify any portion of the requirements set forth in this act by executive order if he determines it necessary to promote competitive bidding.

Comments:

• The joint appropriations interim committee is required to study the impacts of the temporary statutory changes provided.
• Contains delayed effective/repeal date:  This act contains a sunset date of June 30, 2012.