Wyoming Administrative Code
Agency 091 - Wyoming Stable Token Commission
Sub-Agency 0001 - General Agency, Board or Commission
Chapter 1 - General Provisions
Section 1-2 - Definitions
Universal Citation: WY Code of Rules 1-2
Current through September 21, 2024
(a) In addition to the definitions provided in W.S. 34-29-101 and 40-31-102, the following definitions are used in these rules:
(i)
"Agency website" means the online presence of the Commission currently
available at https://stabletoken.wyo.gov.
(ii) "Bid" means the submission made in
response to an advertisement for bids, or an invitation to bid in a competitive
or noncompetitive negotiation. "Bid" does not include a proposal, as defined in
these rules. Notwithstanding this definition, nothing in these rules shall be
construed to imply that bids must be accepted by the Commission or that bidders
are qualified by being included on a bidders list or receiving an invitation to
bid.
(iii) "Bidder" means a
singular entity or consortium of entities that submits a bid in a competitive
sealed bidding, competitive negotiation, or noncompetitive negotiation process.
"Bidder" does not include a firm or proposer, as defined in these
rules.
(iv) "Bid irregularity"
means a defect in a bid or variation of a bid from the exact requirements of a
bid advertisement or its addenda or bid documents. Irregularities include:
(A) Ambiguity as to any part of a
bid;
(B) A missing unit or hourly
bid price;
(C) An erasure or change
in a unit or hourly bid price not initialed in ink or verifiable electronic
signature by the bidder; and
(D) In
addition, the failure of a bidder to:
(I)
Return the number of copies of signed bids required by the
invitation;
(II) Furnish required
information such as licenses, bonds, or insurance certificates;
(III) Correct typographical or mathematical
errors;
(IV) Sign its
bid;
(V) Acknowledge receipt of an
addendum to an advertisement for bids,
(VI) Submit a bid free of stipulations or
conditions that are inconsistent with the exact requirements of the project as
described in the bid advertisement, its addenda, or bid documents; or
(VII) Obtain written approval from the
Commission before submitting pricing for service or material
substitutions.
(v) "Debarment" means the exclusion of a
proposer or bidder from submitting proposals or bids, or participating in a
prequalification process, as a result of egregious conduct or violation of the
public trust, including but not limited to suspected or confirmed collusion,
suspected or confirmed fraudulent billing, suspected or confirmed violation of
conflict of interest laws, or conviction of a contract or antitrust crime.
Debarments are issued along with required corrective action and are in place
until corrective action is taken to the satisfaction of the
Commission.
(vi) "Emergency
situation" means a situation that creates a threat to public health, welfare,
or safety which may arise by reason of floods, epidemics or pandemics, riots,
terrorism, hacks, equipment failures, power outages, Force Majeure, or such
other reason as may be identified and approved by the Commission, Director, or
their respective designee(s). The existence of such situation creates an
immediate and serious need for services or materials that cannot be met through
normal procurement methods and the lack of which would seriously threaten the:
(A) Functioning of state government or its
programs;
(B) Solvency, security,
or integrity of the Wyoming Stable Token, its technical infrastructure, its
underlying reserves held in trust, or any other critical
underpinning;
(C) Preservation or
protection of property, whether tangible or intangible; or
(D) Health or safety of any person or
persons.
(vii)
"Evaluation committee" means a group comprised of the Director or their
designee, members of the Board, and independent subject matter advisors that
will be responsible for reviewing and evaluating proposals or bids, and
providing those findings to the Commission.
(viii) "Firm" or "proposer" means a singular
entity or consortium of entities that submits a proposal. Neither "firm" nor
"proposer" shall include a bidder, as defined in these rules.
(ix) "Material" or "materials" means tangible
or intangible goods, including but not limited to digital assets, software,
hardware, physical infrastructure, or the constituent components thereof,
solicited as part of or for incorporation into a project.
(x) "Prebid meeting" means a meeting held
prior to the closing of an advertisement for bids. Attendance at a prebid
meeting may be mandatory or optional, and may include or exclude
subcontractors, at the discretion of the Director or Commission.
(xi) "Prequalification" means the
verification that a potential proposer or bidder has met the minimum
qualifications necessary to be successful in the performance of services or
delivery of materials.
(xii)
"Proposal" means the submission made in response to a request for proposals.
"Proposal" does not mean a bid, as defined in these rules. Notwithstanding this
definition, nothing in these rules shall be construed to imply that proposals
must be accepted by the Commission or that proposers are qualified by being
included on a prequalification list or receiving an invitation to submit a
proposal.
(xiii) "Prototype
agreement" means an agreement between the Commission and a proposer or bidder
under which a prototype product will be or has been developed, and which may be
reused on future projects.
(xiv)
"Qualified bidder" means a bidder that meets all the requirements of the bid
advertisement and whom the Commission has deemed qualified in its ability to
perform the work requested.
(xv)
"Qualified firm" means a firm or proposer that meets all the prequalification
requirements for submission of a request for proposal.
(xvi) "Retainage" means the percentage of
what the Commission pays a contractor that is withheld until the project has
been substantially completed.
(xvii) "Revocation" means the retraction of a
prequalification status previously granted to a proposer or bidder.
(xviii) "Service" means labor performed in
the interest or under the direction of the Commission as part of project
work.
(xix) "Suspension" means the
temporary exclusion of a proposer or bidder from proposing or bidding on
projects or participating in the prequalification process for a specified
period of time due to unsatisfactory performance.
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