Administrative Rule Review Report  #AR09-006

Legislative Service Office

22-Jan-09

AGENCY: Department of Transportation.

DATE SUBMITTED: January 16, 2009.

SUBJECT: Chapter 6, Bidder Prequalification Procedures for Transportation Projects.

NATURE OF RULES:                     Legislative and Procedural.

STATUTORY AUTHORITY:         W.S. 24-2-108

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED

Apparently complete to date.  The Agency did receive two comments to the notice of intent to adopt rules.  The comments related to Section 3(c)(i) and requested an increase in the net worth limit for unaudited financial statements.  In response to these comments, the Agency raised the limit to $500,000.00, rather than $250,000.00.

SUMMARY OF RULES:

The rules revise Chapter 6, Bidder Prequalification Procedures for Transportation Projects.  The rules relocate provisions for advertising informal bids from Section 4 to Section 2, increase the maximum net worth for an unaudited financial statement from $125,000.00 to $500,000.00, require that thirty percent (30%) of all proposed work to be performed by the prequalification applicant, disqualify from in-state preference joint ventures with one or more companies that are not registered in Wyoming and make other changes regarding grammar, time limits and the submittal of specific forms.

FINDINGS: The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

_______________________

Ian Shaw

Staff Attorney

_______________________

Lynda Cook

Staff Attorney