027-4 Wyo. Code R. §§ 4-3 - Construction manager at-risk (CMAR)
(a) A procuring agency may, when determined
to be in the best interest of the State of Wyoming and in compliance with any
statutorily required approvals, hire a CMAR for project delivery. When a CMAR
is used, the procuring agency shall enter into a contract with a single
proposer to provide preconstruction services and optionally oversee and
subcontract construction services. A procuring agency has discretion to use a
CMAR based on the individual needs and merits of the capital construction
project.
(b) The procuring agency
shall issue a request for statements of qualifications from potential proposers
wishing to submit proposals for CMAR services. The procuring agency shall
advertise the request for at least two (2) weeks on the state procurement
website prior to the initiation of selection procedures. The procuring agency
may advertise the request using additional methods.
(c) The request for statements of
qualifications shall state the minimum and maximum number of potential
proposers that will be invited to submit final proposals. Prequalification
shall be based on an evaluation of criteria set forth in the request for
qualifications including:
(i) Construction
and design experience;
(ii)
Technical competence; and
(iii) The
proposer's capability to perform the work requested including financial,
manpower, and equipment resources, experience in other similar CMAR projects,
and past performance.
(d) Requests for proposals shall comply with
Chapter 2, Section
4(e) of these rules and
W.S.
16-6-707.
(e) Proposals submitted by potential CMARs
shall:
(i) Comply with
W.S.
16-6-707 and the request for proposals;
and
(ii) Cost proposals shall be
submitted in a sealed envelope separate from technical proposals to review work
proposal evaluation and cost proposal evaluation.
(f) Evaluation and selection of a CMAR shall
follow the requirements of Chapter 2, Section
5 of these rules with the following
exceptions:
(i) Evaluation of proposals shall
be done using evaluation criteria established prior to advertising and
published in the request for proposals.
(ii) After opening of technical proposals and
prior to opening of cost proposals, the procuring agency may conduct interviews
with selected candidates. The solicitation for proposals shall specify:
(A) The proposal evaluation criteria;
and
(B) The maximum number of
proposers that the procuring agency intends to select for an interview or the
score cutoff that will be used to select for an interview.
(iii) Upon completion of the interview
process, the procuring agency may proceed to negotiation and
contracting.
(g)
Execution of a contract with a CMAR shall follow Chapter 5 of these rules, with
the following exception:
(i) Any CMAR hired
through this process shall be held to the procurement and award rules in these
chapters to the extent the CMAR is responsible for the procurement of
professional services or services procured through competitive bidding,
competitive negotiation, or noncompetitive negotiation, and shall conduct an
open-bid process in compliance with Wyoming contractor preference laws before
awarding any subcontracts for work per
W.S.
16-6-1001(a)(i).
Notes
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