027-3 Wyo. Code R. §§ 3-21 - Evaluation of bids and award of contract

(a) Procedures after bid submission. Upon closure of the bid submission period, the Department or procuring agency shall:

(i) Note the date and time of receipt of all bids;

(ii) Open all bids in the presence of one or more witnesses, at the time and place designated in the bid advertisement;

(iii) Record each bid opened, including bidder name and bid total;

(iv) Examine each bid for validity and completeness;

(v) Prepare a summary of bids received;

(vi) Apply the residency preference per W.S. 16-6-102(a);

(vii) Publish a summary that includes the bidders and bid totals or the decision of the procuring agency to reject all bids; and

(viii) If applicable, notify the procuring agency that it may review and evaluate the submitted bids.

(b) Evaluation process. The procuring agency shall:

(i) Evaluate bids to determine which bidders are responsible in accordance with the evaluation criteria set forth in the advertisement for bids per Section 20(a) of this chapter;

(ii) Determine which bid, submitted by a responsible, qualified bidder, offers the lowest cost to the state; and

(iii) Draft a written recommendation to the Department specifying the apparent responsible, qualified low bidder including justification for that recommendation.

(c) Award of contract. The Department shall be the final authority on the award of a contract per W.S. 9-2-3004(c)(ii). The Department and procuring agency reserve the right to reject any and all bids. The contract shall be awarded to the lowest responsible bidder whose bid meets the requirements and criteria set forth in the advertisement for bids, subject to the considerations below:

(i) Award to multiple bidders. The procuring agency may, at its discretion, award portions of a single advertised project to multiple bidders when it is in the best interest of the State to do so.

(ii) Higher quality item. A contract may not be awarded to a bidder submitting a higher quality item than that designated in the invitation for bids or request for proposals, unless such bidder is also the lowest bidder as determined by value analysis or life-cycle cost formulas. The procuring agency shall not apply a value analysis or life cycle cost formula unless the call for bids clearly stated that such analysis or formula would be applied.

(iii) Tie bids. In the event of tie bids, the contract shall be awarded to the bidder most reasonably able to complete the work based on the evaluation criteria set forth in the advertisement for bids per Section 9 of these rules.

(iv) Single bid received. If, at the time of bid opening, only one bid has been received, the procuring agency may:

(A) Determine that the bid submitted is a fair price and that other entities had sufficient opportunity to bid, and award the contract to the single bidder; or

(B) Determine that the bid submitted is not at a fair price or that sufficient opportunity was not given to encourage multiple bids, and reject the bid. The procuring agency's decision to cancel the procurement or re-advertise the project for bids under this paragraph is subject to review by the Department Director at his or her discretion.

(v) Award to next lowest bidders. In the event the low bidder originally awarded the contract is unable to complete the work as bid, the procuring agency may award the contract to the second lowest bidder. If the second lowest bidder declines to accept the award, the procuring agency may:

(A) Offer the award to the next lowest bidder;

(B) Re-advertise for bids; or

(C) Cancel the advertisement for bids, pursuant to Section 22 of this chapter.

(d) Errors after award. Errors discovered in a successful bid after the award of a contract may only be corrected if, after consultation with the Department Director and the Attorney General's office, it is determined that the correction of the mistake does not violate the requirements of applicable laws. Any correction made under this subsection must be supported by a written determination signed by the Department Director.

Notes

027-3 Wyo. Code R. §§ 3-21

Adopted, Eff. 4/13/2021.