Wyoming

Key Agency(ies): Wyoming’s central procurement authority is housed within the Department of Administration & Information’s (A&I) General Services Division Procurement Section. The Procurement Section oversees competitive bidding, issues statewide contracts, and adopts and enforces procurement rules for Executive agencies.

Key Statute: Wyoming’s state procurement laws are codified largely in Title 9, Chapter 2, Article 32 of the Wyoming Statutes (Wyo. Stat. Ann.) (General Services Division).

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Key Regulations: Wyoming’s procurement rules are published in the Code of Wyoming Rules (Wyo. Code R.) – Agency 006 - Department of Administration and Information, Subagency 0006 - Purchasing Division.

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Procurement Types/Highlights:

Competitive Sealed Bidding: This the standard method of procurement for most purchases exceeding $15,000 in value. Under Wyo. Stat. Ann. § 9-2-3204, if an agency’s requirements can be described by clear specifications and award can be made on the basis of lowest price, then competitive sealed bidding must be used. Award is made to the lowest responsible bidder.

Competitive Negotiation: When an agency cannot award strictly on lowest price, Wyoming law permits use of competitive negotiations. The procuring agency’s principal representative must determine in writing that sealed bidding is not feasible or practical and submit a justification to A&I. Wyoming allows elected officials to use competitive negotiations without A&I approval if the contract is valued at $25,000 or less and sealed bidding is impractical.

Small Purchases: Currently, Wyoming allows for simplified acquisition procedures for purchases valued at $15,000 or lower. Purchases below that threshold may be made directly by agencies without a formal competitive bid or prior A&I approval.

Bid Protests:

Regs Governing Bid Protests:

• Wyoming’s bid protest procedures are governed by 06-0006-4 Wyo. Code R. “Protests.”

Timeliness Rules:

• Wyoming’s rules require that any protests must be filed in writing within 10 calendar days after the notice of intent to award is issued by the state.
• Protests filed late are considered untimely and will not be considered.

Protest Process:

• Protests must be filed in writing and directed to the Procurement Section within A&I.
• After a protest is received, A&I will record the protest and notify the agency involved.
• Upon a protester’s written request, A&I will commence a formal administrative proceeding on the protest, which includes an evidentiary hearing for both parties to present evidence and arguments regarding the protest.
• After the hearing, the A&I Director or the hearing officer will issue a written decision on the protest.
• Wyoming law does not provide for a separate procurement appeals board, so the A&I protest is the final administrative remedy available for disappointed offerors.

Claims: Wyoming does not have a central “contract appeals board,” instead under Wyo. Stat. Ann. § 1-39-104, Wyoming has waived sovereign immunity for contract actions. Vendors may therefore sue the State for any breaches of contract.  

Suspension & Debarment: Currently, Wyoming’s law provides for suspension and debarment procedures related to construction contracts under 027-0003-6 Wyo. Code R.

It provides that the State Construction Department may suspend or debar contractors for a number of reasons including: a conviction of criminal or civil fraud in obtaining or performing a public contract, willful failure to perform to contract terms, and violations of procurement regulations or ethical standards.

Before a suspension or debarment may be issued, the procuring agency must (1) notify the department it intends to investigate conduct that could lead to a suspension or debarment (2) conduct the investigation, and (3) if warranted, submit a recommendation to the department proposing a time length for a suspension or the corrective action necessary to cure a debarment. The contractor is entitled to respond in writing to the recommendation and may present evidence on its behalf. The Department Director must issue a written decision on the recommendation. Under Wyoming law, debarment lasts until corrective action is completed and evidence of cure is shown, and a contractor may request a status review at any time with a showing of cure. 

Interesting/Distinctions: Wyoming law provides that all meat used or purchased for use in any state institution must be produced and processed in the United States, and the state is prohibited from entering into contracts for any meat processed or produced outside the U.S. Wyo. Stat. Ann. § 9-2-3204.