Title 16, Title 16 — City, County, State And Local Powers

Preference for Wyoming materials and Wyoming agricultural products required in public purchases; exception; cost differential; definition. (a) A five percent (5%) materials preference for Wyoming materials shall be applied in public purchases, subject to the following: (i) The pr…

Statement of Wyoming materials preference in requests for bids and proposals. All requests by a public entity for bids and proposals for materials, supplies, agricultural products, equipment, machinery and public works shall contain the words "preference is hereby given to materi…

Wyoming materials preference required in public works; exception. All public works in this state shall be constructed and maintained using materials produced or manufactured in Wyoming if Wyoming materials are suitable and can be furnished in marketable quantities. Preference sha…

Governing of federal funds by federal law. The operation of this act upon the letting of any public works contract above mentioned, in connection with which, funds are granted or advanced by the United States of America, shall be subject to the effect, if any, of related laws of …

Use of insurance for rebuilding state structures. When buildings belonging to the state are destroyed, the insurance on the buildings shall be collected by the state treasurer. The governing board of the state institution suffering the loss may draw on the state treasurer for the…

Limitation on work hours; overtime; exceptions. (a) No person shall require laborers, workmen or mechanics to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) week upon any public works of a public entity except as hereafter authorized…

Penalty for violating work hours provisions. Any person who violates this act is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00).

Contractor's performance and payment bond or other guarantee; when required; conditions; amount; approval; filing; enforcement upon default. (a) Any contract entered into with a public entity for a public work where the contract price exceeds one hundred fifty thousand dollars ($…

Contractor's performance and payment bond or other guarantee; right of action; notice to obligee; intervention by interested parties; pro rata distribution. Any person entitled to the protection of a bond or other form of guarantee approved by a public entity under W.S. 16-6-112 …

Contractor's performance and payment bond or other guarantee; requiring new or additional bond or other guarantee; failure to furnish. If in its judgment any of the sureties on a bond or other form of guarantee approved by the public entity under W.S. 16-6-112 are insolvent or fo…

Contractor's performance and payment bond or other guarantee; limitation of actions. No action shall be maintained on any bond or other form of guarantee satisfactory to the public entity under W.S. 16-6-112 unless commenced within one (1) year after the date of final completion …

Payment to contractor; substantial completion; final completion; required notices. (a) When any public work is let by contract, the public entity under whose direction or supervision the work is being carried on and conducted shall: (i) Issue a certificate of substantial completi…

Payment to contractor; prerequisite filing of contractor's statement of payment; disputed claims. In all contracts entered into by any person with a public entity for a public work, no payments under W.S. 16-6-116(a) shall be made until the person files with the public entity wit…

Unlawful interest of officeholders in public contracts or works; exception. (a) It is unlawful for any person, now or hereafter holding any office, either by election or appointment, under the constitution or laws of this state, to become in any manner interested, either directly…

Contracts for public works; right to reject bids or responses; qualifications of bidders and respondents. Every public entity shall be authorized to determine the qualifications and responsibilities of bidders or respondents on contracts for public works and may reject any or all…

Rulemaking; penalties; enforcement. (a) The department of workforce services shall promulgate rules and regulations as the department determines necessary or convenient to enforce this act. (b) Unless punishable under subsection (c) of this section, an individual or a business en…

Notice required to receive protection under a bond or guarantee; limitation; notice required by owner in project specifications. (a) Any subcontractor or materialman entitled to the protection of a bond or other form of guarantee approved by a public entity under W.S. 16-6-112 sh…

Public works contracts and grants; prohibited terms; exemptions; definitions. (a) Subject to W.S. 16-6-108, a governmental entity that awards or renews a contract on or after July 1, 2023, for a construction related project regarding a facility the governmental entity owns or lea…

Short title. This act may be cited as the "Wyoming Preference Act of 1971".

Definitions. (a) As used in this act: (i) "Laborer" means a person employed to perform unskilled or skilled manual labor for wages in any capacity and does not include independent contractors; (ii) "Resident" or "Wyoming laborer" includes any person who is a citizen of the United…

Required resident labor on public works; exception. (a) Except as otherwise provided in this act, every person who is responsible for a public work shall employ only Wyoming laborers on the public work. Every contract for a public work let by any person shall contain a provision …

Employees not covered by provisions. All other employees of the contractor or subcontractor, other than laborers as defined by this act, are not covered by this act.

Enforcement. (a) The department of workforce services shall promulgate rules and regulations required to enforce this act and is authorized and directed to enforce this act. For purposes of all investigations, the department shall have the power to issue subpoenas requiring the a…

Failure to employ state laborers; penalty. (a) A person who willfully or intentionally fails to use Wyoming laborers as required in this act shall be subject to a civil penalty of not more than one thousand dollars ($1,000.00) per nonresident laborer employed per day, not to exce…

Preference for resident bidders; exception; "resident" defined; violation. (a) Whenever a contract is let by the state or any department thereof, or any of its subdivisions, for public printing, including reports of officers and boards, pamphlets, blanks, letterheads, envelopes a…

Definitions. (a) As used in this article: (i) "Economic life" means the projected or anticipated useful life of a major facility as expressed by a term of years; (ii) "Energy-consumption analysis" means the evaluation of all energy systems and components by demand and type of ene…

Computation of life-cycle costs. (a) Life-cycle costs shall be the sum of: (i) Initial cost; (ii) The reasonably expected fuel costs over the life of the building based on the energy consumption analysis; and (iii) The reasonable costs of maintenance and operation as they pertain…

Life-cycle cost analyses. Public agencies shall, prior to the construction or renovation of any major facility, include in the design phase a provision requiring that life-cycle cost analyses be prepared for two (2) or more alternatives for the construction of the facility. These…

Building plans and specifications; required facilities; elevators; curb ramps; inspections; exceptions. (a) The plans and specifications for the construction of or additions to all buildings for general public use built by the state or any governmental subdivision, school distric…

Building plans and specifications; state fire marshal; review and approval. All plans and specifications for the construction of or additions to buildings for general public use, built by the state or any governmental subdivision, school district or other public administrative bo…

Building plans and specifications; state fire marshal; ruling and determination; filing of written objection. The state fire marshal shall within five (5) days mail a copy of his ruling and determination to the contracting authority and to any other interested or affected person,…

Building plans and specifications; hearing on objection; final administrative determination; judicial review. (a) Within five (5) days of the receipt of the objection, the state fire marshal shall notify the department of fire prevention and electrical safety of the objection. Th…

Definitions. (a) As used in this article: (i) "Agency" means any department, agency or other instrumentality of the state or of a political subdivision of the state; (ii) "Goods" means all personal property purchased, procured or contracted for by an agency, including leases of r…

Payment of agency accounts; interest. Except as provided by contract, any agency which purchases or procures goods and services from a nongovernmental entity shall pay the amount due within forty-five (45) days after receipt of a correct notice of amount due for the goods or serv…

Definitions. (a) As used in this act: (i) "Acceptable depository" means a state or national bank or a savings and loan association or credit union in which deposits are insured; (ii) "Contractor" means any person who is a party to a contract with a public entity for a public work…

Public entity; contracts; partial payments; retainage; alternate delivery methods authorized. (a) A public entity awarding a contract for a public work shall authorize partial payments of the amount due under the contract as stipulated in the contract document or as soon thereaft…

Public work; completion by public entity; partial payments. If it becomes necessary for a public entity to take over the completion of any public work, all of the amounts owing the contractor, including any payment retained under W.S. 16-6- 702(b), shall first be applied toward t…

Interest bearing deposit agreement; option to enter into. If requested by the general contractor, a public entity shall enter into an interest bearing deposit agreement with any depository designated by the general contractor, after notice to the surety, to provide an agent for t…

Custodian for obligations; collection of interest income-payable to contractor. The public entity or any depository designated by the contractor to serve as custodian for the obligations pursuant to W.S. 16-6-704 shall collect all interest and income when due on obligations so de…

Applicability of provisions. This act does not apply in the case of a contract made or awarded by any public entity if a part of the contract price is to be paid with funds from the federal government or from some other source and if the federal government or the other source has…

Construction management alternate delivery method. (a) Excluding contracts for professional services, construction management and design-build delivery negotiations by public entities and construction managers shall be in accordance with residency and preference requirements impo…

Responsibilities under alternative delivery contracts. (a) Any construction manager agent, construction manager at risk or design-builder contract awarded shall comply with any reporting and administrative requirements as required by the public entity of the recipient of a design…

Definitions. (a) As used in this article: (i) "Agency" means any state office, department, board, commission or institution and any community college district to which funds have been appropriated, bonded or otherwise provided by the state for the design and original construction…

Construction of new public buildings; state funds. (a) The original construction of any new building shall include works of art for public display, which shall be included by the agency in determining total construction costs of the building at an amount equal to one percent (1%)…

Department of commerce to acquire works of art; advisory panel to consult in acquisition; procedure; public education programs. (a) In administering this article, the department shall in consultation with the advisory panel selected pursuant to subsection (c) of this section, des…

Acquisitions property of state art collection; maintenance; expenses. (a) Upon acquisition of any work of art in accordance with this article, the work of art becomes the property of the state art collection and the department, through the state museum, shall: (i) Maintain an inv…