|
S.F. No. 0028 |
Resident preference provisions. |
Sponsored By: Joint Minerals, Business and Economic Development Interim Committee
AN ACT relating to administration of government; modifying procurement requirements for expenditures for capital construction projects; amending the definition of resident contractor; modifying and specifying preference requirements and procedures; providing that the state treasurer shall collect insurance on destroyed state buildings as specified; removing a dollar limit on materials contracts eligible for a preference; providing that preference requirements apply equally to all business entities and delivery methods; amending reporting requirements; providing a definition; repealing a sunset date; and providing for an effective date.
12/13/2012 Bill Number Assigned
1/8/2013 S Received for Introduction
1/8/2013 S Introduced and Referred to S09
1/16/2013 S09 Recommended Do Pass
ROLL CALL
Ayes: Senator(s) Anderson, JD S02, Coe, Cooper, Hines and Rothfuss
Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0
1/16/2013 S Placed on General File
1/21/2013 S Passed CoW
SF0028S2001/ADOPTED
Page 6-line 19 After "suitable" insert ","; strike "and".
Page 6-line 20 After "quantities" insert "and the certified resident contractor's bid for the materials is not more than five percent (5%) higher than the lowest responsible nonresident contractor's bid". COOPER
SF0028S2002/WITHDRAWN
1/22/2013 S Laid Back Pursuant to SR 7-3
SF0028S2003/ADOPTED
Page 2-line 3 After "(J)(intro)," insert "(II),".
Page 5-after line 4 Insert:
"(II) Has
continuously employed not less than fifteen (15)
twenty (20) 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". BEBOUT
SF0028S2004/ADOPTED
Page 1-line 7 After "specified;" delete balance of line.
Page 1-line 8 Delete through "projects;" insert "removing a dollar limit on materials contracts eligible for a preference;".
Page 2-line 4 After "(iii)(D)," insert "16‑6‑105(a),".
Page 5-After line 17 Insert:
"16‑6‑105. Preference for Wyoming materials and Wyoming agricultural products required in public purchases; exception; cost differential; definition.
(a) Every board, commission or other
governing body of any state institution, and every person acting as purchasing
agent for the board, commission or other governing body of any state
institution or department, and every county, municipality, school district and
community college district, shall prefer in all purchases for supplies,
material, agricultural products, equipment, machinery and provisions to be used
in the maintenance and upkeep of their respective institutions, supplies,
materials, agricultural products, equipment, machinery and provisions produced,
manufactured or grown in this state, and supplies, materials, agricultural
products, equipment, machinery and provisions supplied by a resident of the
state, competent and capable to provide service for the supplies, materials,
agricultural products, equipment, machinery and provisions within the state of
Wyoming. Preference shall not be granted for articles of inferior quality to
those offered by competitors outside of the state,. but a A differential of not to exceed five percent (5%)
may be allowed in cost of contracts less than five
million dollars ($5,000,000.00) for the Wyoming materials, supplies,
agricultural products, equipment, machinery and provisions of quality equal to
those of any other state or country.".
Page 5-line 23 Reinsert stricken "agricultural products,".
Page 6-line 4 Reinsert stricken "agricultural products,".
Page 6-line 5 Reinsert stricken language and delete new language.
Page 12-line 13 Delete ", 16-6-105". HICKS, COOPER
1/23/2013 S Passed 2nd Reading
SF0028S3001/ADOPTED
Delete the Bebout Second Reading Amendment (SF0028S2003/A) entirely. VON FLATERN
1/24/2013 S Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, JD S02, Anderson, JL S28, Barnard, Bebout, Burns, Case, Christensen, Coe, Cooper, Craft, Dockstader, Driskill, Emerich, Esquibel, F., Geis, Hastert, Hicks, Hines, Johnson, Landen, Meier, Nicholas, P., Nutting, Perkins, Peterson, Ross, Rothfuss, Schiffer, Scott and Von Flatern
Ayes 30 Nays 0 Excused 0 Absent 0 Conflicts 0
1/25/2013 H Received for Introduction
1/28/2013 H Introduced and Referred to H09
2/6/2013 H09 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Byrd, Cannady, Greear, Kasperik, Larsen, Lockhart, Reeder, Sommers and Winters
Ayes 9 Nays 0 Excused 0 Absent 0 Conflicts 0
2/6/2013 H Placed on General File
SF0028HS001/ADOPTED (TO ENGROSSED COPY)
Page 2-line 2 After "(A)," insert "(B),".
Page 3-After line 14 Insert:
"(B)
A partnership, association, limited partnership,
registered limited partnership, registered limited liability company or
corporation business entity,
each member or shareholder 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;".
Page 13-line 22 After "16‑6‑101(a)(i)" delete "(B) and". LOCKHART, CHAIRMAN
SF0028HW001/ADOPTED (CORRECTED COPY) (TO ENGROSSED COPY)]
Page 10-line 10 Delete "or".
Page 10-line 11 Delete new language.
Page 10-line 12 After "States" insert ", or a person who is authorized to work in the United States by an agency of the federal government,".
Page 10-lines 14 through 16 Delete new language. LARSEN
2/12/2013 H Passed CoW
SF0028H2001/ADOPTED (TO ENGROSSED COPY)
Page 1-line 11 After "requirements;" insert "providing a definition;".
Page 2-line 4 Delete "and"; insert ","; after "(iii)(D)" insert "and by creating a new paragraph (v) and renumbering (v) as (vi), 16‑6‑102(a)".
Page 2-line 5 After "16‑6‑112(a)(intro)," insert "16‑6‑119,".
Page 2-line 6 After "16‑6‑301(b)," insert "16‑6‑701(a)(ii) and (v), 16‑6‑702(a) and (b),".
Page 5-After line 17 Insert:
"(v) "Major maintenance" means the repair or replacement of complete or major portions of building and facility systems at irregular intervals which is required to continue the use of the building or facility at its original capacity for its original intended use, including for compliance with the Americans with Disabilities Act, and including installing fire suppression systems in residential facilities and is typically accomplished by contractors due to the personnel demand to accomplish the work in a timely manner, the level of sophistication of the work or the need for warranted work;
(v)(vi) "This
act" means W.S. 16‑6‑101 through 16‑6‑121.
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 the state,
any department thereof, or any county, city, town, school district, community
college district or other public corporation of the state for the erection, construction, alteration or repair major
maintenance or renovation of any public building, or other public
structure, or for making any addition thereto, or for any public work or
improvements, the contract shall be let, if advertisement for bids or request
for proposal is not required, to a resident of the state. 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.".
Page 6-line 6 Before "maintenance" insert "construction, major".
Page 6-line 7 Strike "upkeep" insert "renovation".
Page 7-line 22 Reinsert stricken "be constructed and maintained"; delete "use" insert "using".
Page 7-line 24 After "renovation" insert "projects".
Page 8-lines 1 through 6 Reinsert all stricken language and delete all new language.
Page 8-line 7 Reinsert the stricken language through "differential of"; reinsert stricken "five percent".
Page 8-line 8 Reinsert stricken "(5%)".
Page 8-line 12 After stricken "products" insert "shall be allowed in cost of materials produced or manufactured in Wyoming"; reinsert stricken ".".
Page 9-After line 19 Insert:
"16‑6‑119. State construction; right to reject bids or responses; qualifications of bidders and respondents.
Every state agency, board, commission, department or institution shall be authorized to determine the qualifications and responsibilities of bidders or respondents on contracts for the construction, major maintenance or renovation of a public project, facility or structure using standard forms and procedures adopted by the department of administration and information, and may recommend that the department of administration and information reject any or all bids or responses based on the qualifications and responsibilities of bidders and respondents and readvertise for bids or responses.".
Page 11-After line 14 Insert:
"16‑6‑701. Definitions.
(a) As used in this act:
(ii) "Contractor" means any
person who is a party to a contract with a public entity to construct, erect, alter, install or repair renovate or perform major maintenance of any
highway, public building, public work or public improvement, structure or
system;
(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 the design and construction, alteration or repair major
maintenance or renovation of any public building, work, improvement,
facility, structure or system 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;
16‑6‑702. Public entity; contracts; partial payments; alternate delivery methods authorized.
(a) Notwithstanding W.S. 15‑1‑113(e),
a public entity awarding a contract for the construction, alteration or repair major
maintenance or renovation of any highway, public building, public
work or public improvement, structure or system 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. No more than ten percent
(10%) of the calculated value of any work completed shall be withheld until
fifty percent (50%) of the work required by the contract has been performed.
Thereafter, the public entity may pay any of the remaining installments without
retaining additional funds if, in the opinion of the public entity,
satisfactory progress is being made in the work but under no condition shall
more than ten percent (10%) be withheld on the remaining fifty percent (50%) of
the work required. The withheld percentage of the contract price of the work, improvement major
maintenance, renovation or construction shall be retained in an
account in the name of the contractor which has been assigned to the public
entity until the contract is completed satisfactorily and finally accepted by
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.
(b) Alternate design and construction
delivery methods may be used by a public entity to design, construct, alter, repair or maintain renovate or perform major maintenance of a public
works projects.". GREEAR
2/13/2013 H Passed 2nd Reading
SF0028H3001/ADOPTED (TO ENGROSSED COPY)
Page 5-After line 17 In the Greear second reading amendment (SF0028H2001/AE) to these lines, delete W.S. 16‑6‑101(a)(v) created by that amendment and insert:
"(v) Major maintenance" means the repair or replacement of complete or major portions of building and facility systems at irregular intervals which is required to continue the use of the building or facility at its original capacity for its original intended use and is typically accomplished by contractors due to the personnel demand to accomplish the work in a timely manner, the level of sophistication of the work or the need for warranted work;". GINGERY
2/14/2013 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Baker, Barlow, Berger, Blake, Blevins, Blikre, Brown, Burkhart, Byrd, Campbell, Cannady, Coleman, Connolly, Davison, Eklund, Esquibel, K., Filer, Freeman, Gingery, Goggles, Greear, Greene, Halverson, Harshman, Harvey, Hunt, Hutchings, Jaggi, Kasperik, Kirkbride, Kroeker, Krone, Larsen, Lockhart, Loucks, Lubnau, Madden, McKim, Miller, Moniz, Nicholas, B., Northrup, Patton, Paxton, Petroff, Piiparinen, Reeder, Semlek, Sommers, Stubson, Teeters, Throne, Walters, Wilson, Winters, Zwonitzer, Dn. and Zwonitzer, Dv.
Excused: Representative(s) Gay, Wallis and Watt
Ayes 57 Nays 0 Excused 3 Absent 0 Conflicts 0
2/14/2013 S Received for Concurrence
2/15/2013 S Did Not Concur
ROLL CALL
Nays: Senator(s) Anderson, JD S02, Anderson, JL S28, Barnard, Bebout, Burns, Case, Christensen, Coe, Cooper, Craft, Dockstader, Driskill, Emerich, Esquibel, F., Geis, Hastert, Hicks, Hines, Johnson, Landen, Meier, Nicholas, P., Nutting, Perkins, Peterson, Ross, Rothfuss, Schiffer, Scott and Von Flatern
Ayes 0 Nays 30 Excused 0 Absent 0 Conflicts 0
2/15/2013 S Appointed JCC01 Members:
Senator(s) Hines, Anderson, J.D. S02, Rothfuss
2/15/2013 H Appointed JCC01 Members:
Representative(s) Lockhart, Greear, Stubson
2/21/2013 S Adopted SF0028JC01
SF0028JC01/A ADOPTED (TO ENGROSSED COPY)
Adopt the following House amendments:
SF0028H2001/AE
SF0028H3001/AE
SF0028HS001/AE
SF0028HW001/ACE
Further amend the ENGROSSED COPY as follows:
Page 1-line 10 Delete "repealing certain".
Page 1-line 11 Delete "preferences;". HINES, ANDERSON, J.D., ROTHFUSS, LOCKHART GREEAR, STUBSON
ROLL CALL
Ayes: Senator(s) Anderson, JD S02, Anderson, JL S28, Barnard, Bebout, Burns, Christensen, Coe, Cooper, Craft, Dockstader, Emerich, Esquibel, F., Geis, Hastert, Hicks, Hines, Johnson, Landen, Meier, Nicholas, P., Nutting, Perkins, Peterson, Ross, Rothfuss, Schiffer, Scott and Von Flatern
Nays: Senator(s) Case
Excused: Senator(s) Driskill
Ayes 28 Nays 1 Excused 1 Absent 0 Conflicts 0
2/22/2013 H Adopted SF0028JC01
SF0028JC01/AA ADOPTED (TO ENGROSSED COPY)
Adopt the following House amendments:
SF0028H2001/AE
SF0028H3001/AE
SF0028HS001/AE
SF0028HW001/ACE
Further amend the ENGROSSED COPY as follows:
Page 1-line 10 Delete "repealing certain".
Page 1-line 11 Delete "preferences;". HINES, ANDERSON, J.D., ROTHFUSS, LOCKHART GREEAR, STUBSON
ROLL CALL
Ayes: Representative(s) Baker, Barlow, Berger, Blake, Blevins, Blikre, Brown, Burkhart, Byrd, Campbell, Cannady, Coleman, Connolly, Eklund, Esquibel, K., Filer, Freeman, Gay, Gingery, Goggles, Greear, Greene, Halverson, Harshman, Harvey, Hunt, Hutchings, Jaggi, Kasperik, Kirkbride, Kroeker, Krone, Larsen, Lockhart, Loucks, Lubnau, Madden, McKim, Miller, Moniz, Nicholas, B., Northrup, Patton, Paxton, Petroff, Piiparinen, Reeder, Semlek, Sommers, Stubson, Teeters, Throne, Wallis, Walters, Watt, Wilson, Winters, Zwonitzer, Dn. and Zwonitzer, Dv.
Excused: Representative(s) Davison
Ayes 59 Nays 0 Excused 1 Absent 0 Conflicts 0
2/22/2013 Assigned Number SEA No. 0053
2/25/2013 S President Signed SEA No. 0053
2/25/2013 H Speaker Signed SEA No. 0053
3/13/2013 Governor Signed SEA No. 0053
3/13/2013 Assigned Chapter Number
Chapter No. 0134 Session Laws of Wyoming 2013