Wyoming Administrative Code
Agency 091 - Wyoming Stable Token Commission
Sub-Agency 0001 - General Agency, Board or Commission
Chapter 3 - Procurement by Competitive Sealed Bidding, Competitive Negotiation, or Noncompetitive Negotiation
Section 3-8 - Competitive negotiation
Universal Citation: WY Code of Rules 3-8
Current through September 21, 2024
(a) "Competitive negotiation" means to negotiate for a contract through a request for proposals process or any other similar competitive selection process.
(i) A
competitive negotiation conducted using a request for proposal process shall
comply with Chapter 2 of these rules.
(b) A competitive negotiation conducted using a lowest bid process shall comply with the following:
(i) To initiate competitive negotiation, the
Commission shall solicit not less than three (3) independent cost
estimates.
(ii) A solicitation for
bids shall be made to bidders in a standard format consistent with Commission
policy that shall include the scope of desired work and the desired schedule or
completion date. Solicitations shall clearly identify the services of materials
that will be procured by competitive negotiation. The Commission shall
determine the qualifications of bidders.
(iii) A solicitation for bids shall include a
notification that the Commission's acknowledgement of receipt of a bid does not
constitute acceptance of the bid, and an invitation to negotiate does not
guarantee that the bidder's bid will be accepted or that the negotiations will
result in a signed contract.
(iv) A
solicitation shall require bidders to submit bids that include, at a minimum:
(A) A proposed work plan that demonstrates
the bidder's understanding of the requested work with a detail level
commensurate with the scope outlined in the solicitation for bids;
(B) A comprehensive proposed cost estimate
inclusive of all materials, labor, overhead, and profit anticipated to be
necessary for the completion of the work outlined in the solicitation;
and
(C) A proposed timeline for the
completion of work including major milestones.
(v) The Director or their designee shall
negotiate with and let the contract to the lowest qualified bidder in
accordance with any applicable requirements. However, if the contract's
estimated value was equal to fifteen thousand dollars ($15,000) or less, but
all bids received are above fifteen thousand dollars ($15,000), the Commission
may:
(A) Engage in negotiations with all
bidders for the purpose of scope clarification, resulting in a cost below
fifteen thousand dollars ($15,000);
(B) Reject all bids and advertise for
competitive sealed bids per Section 12 of this chapter; or
(C) Request a bid waiver from the Governor or
their designee per Section 5 of this chapter.
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