Local Purchasing Preferences - Wyoming

Wyoming provides a 5% preference for local businesses bidding on any public works or public building project and a 5% preference for any machinery, construction materials, food, or other goods produced within the state, provided they are of equal or superior quality to out-of-state goods.

CHAPTER 6 - PUBLIC PROPERTY
ARTICLE 1 - PUBLIC WORKS AND CONTRACTS

§ 16-6-102. Resident contractors; preference limitation with reference to lowest bid or qualified response; decertification; denial of application for residency.

(a) If a contract is let by the state, any department thereof, or any county, city, town, school district, community college district or other public corporation of the state for the erection, construction, alteration or repair of any public building, or other public structure, or for making any addition thereto, or for any public work or improvements, the contract shall be let, if advertisement for bids or request for proposal is not required, to a resident of the state. Unless an alternate design and construction delivery method is used, if advertisement for bids or request for proposal is required the contract shall be let to the responsible certified resident making the lowest bid if the certified resident's bid is not more than five percent (5%) higher than that of the lowest responsible nonresident bidder.

(b) If any person who is certified as a resident contractor for any reason loses that certification, that person may not be recertified as a resident for a period of one (1) year from the date of decertification.

(c) If any person who applies for certification as a resident contractor is denied certification because of not meeting the residency requirements, that person may not reapply for certification for a period of one hundred eighty (180) days from the date certification is denied. No person shall be denied certification because of inadvertent omission of information, as determined by the department of employment, on an application for resident certification.

(d) Repealed by Laws 2007, ch. 163, § 2.

(e) The department may make investigations as necessary to determine whether any person is eligible to receive or continue to hold a certificate of residency. The department may require or permit any person to file a statement in writing, under oath or otherwise as to all the facts and circumstances concerning the matter to be investigated. For the purpose of any investigation under this section, the director of the department or any person designated by him may administer oaths and affirmations, subpoena witnesses, and compel their attendance, take evidence and require the production of any books, papers, correspondence, memoranda, agreements or other documents or records, which the director or designated person deems relevant or material to the inquiry. In case of refusal to obey a subpoena issued to any person, any Wyoming district court, upon application by the director, may issue to the person an order requiring him to appear before the director or the officer designated by him, to produce documentary evidence if so ordered, or to give evidence touching the matter under investigation or in question. Failure to obey the order of the court may be punished by the court as contempt of court.

(f) If, after investigation, the department believes that a certificate of residency should be denied or revoked, it shall provide notice to the applicant or certificate holder of its intent to deny or revoke the certificate and of the applicant or certificate holder's opportunity for a hearing if requested. Any hearing conducted under this subsection shall be conducted in accordance with the Wyoming Administrative Procedure Act.

(Laws 1939, ch. 50, § 1; C.S. 1945, § 22-507; W.S. 1957, § 9-664; W.S. 1977, § 9-8-302; Laws 1982, ch. 62, § 3; 1988, ch. 14, § 1; 1989, ch. 156, § 1; 1990, ch. 63, § 2; 1994, ch. 30, § 1; 1999, ch. 152, §§ 1, 2; 2006, ch. 98, § 2; 2007, ch. 163, § 2.)

§ 16-6-104. Preference for Wyoming labor and materials required in contracts.

Resident Wyoming laborers, workmen and mechanics shall be used upon all work enumerated in W.S. 16-6-102 whenever possible and any contract let shall so provide. Wyoming materials and products of equal quality and desirability shall have preference over materials or products produced outside the state and any contract let shall so provide.

(Laws 1939, ch. 50, § 3; C.S. 1945, § 22-509; W.S. 1957, § 9-666; W.S. 1977, § 9-8-304; Laws 1982, ch. 62, § 3; 1985, ch. 50, § 1.)

§ 16-6-105. Preference for Wyoming materials and Wyoming agricultural products required in public purchases; exception; cost differential; definition.

(a) Every board, commission or other governing body of any state institution, and every person acting as purchasing agent for the board, commission or other governing body of any state institution or department, and every county, municipality, school district and community college district, shall prefer in all purchases for supplies, material, agricultural products, equipment, machinery and provisions to be used in the maintenance and upkeep of their respective institutions, supplies, materials, agricultural products, equipment, machinery and provisions produced, manufactured or grown in this state, and supplies, materials, agricultural products, equipment, machinery and provisions supplied by a resident of the state, competent and capable to provide service for the supplies, materials, agricultural products, equipment, machinery and provisions within the state of Wyoming. Preference shall not be granted for articles of inferior quality to those offered by competitors outside of the state, but a differential of not to exceed five percent (5%) may be allowed in cost of contracts less than five million dollars ($5,000,000.00) for the Wyoming materials, supplies, agricultural products, equipment, machinery and provisions of quality equal to those of any other state or country.

(b) As used in this section, "agricultural products" means any horticultural, viticultural, vegetable product, livestock, livestock product, bees or honey, poultry or poultry product, sheep or wool product, timber or timber product.

(Laws 1931, ch. 50, § 1; R.S. 1931, § 108-301; C.S. 1945, § 19-1501; W.S. 1957, § 9-667; Laws 1969, ch. 188, § 1; W.S. 1977, § 9-8-305; Laws 1982, ch. 62, § 3; 1989, ch. 69, § 1; 1997, ch. 130, § 1; 2007, ch. 163, § 1.)

§ 16-6-106. Statement of Wyoming materials preference in requests for bids and proposals.

All requests for bids and proposals for materials, supplies, agricultural products, equipment, machinery and provisions for the construction, maintenance and upkeep of every state, county, municipal, community college district or school district institution shall contain the words "preference is hereby given to materials, supplies, agricultural products, equipment, machinery and provisions produced, manufactured or grown in Wyoming, or supplied by a resident of the state, quality being equal to articles offered by the competitors outside of the state".

(Laws 1931, ch. 50, § 2; R.S. 1931, § 108-302; C.S. 1945, § 19-1502; W.S. 1957, § 9-668; Laws 1969, ch. 188, § 2; W.S. 1977, § 9-8-306; Laws 1982, ch. 62, § 3; 1997, ch. 130, § 1; 2007, ch. 163, § 1.)

§ 16-6-107. Wyoming materials preference required in construction or maintenance of public structures; exception; cost differential.

All public buildings, courthouses, public school buildings, public monuments and other public structures constructed in this state shall be constructed and maintained by materials produced or manufactured in Wyoming if Wyoming materials are suitable and can be furnished in marketable quantities. Preference shall not be granted for materials of an inferior quality to those offered by competitors outside of the state, but a differential of not to exceed five percent (5%) may be allowed in cost of contracts less than five million dollars ($5,000,000.00) for the Wyoming materials of equal quality as against materials from states having or enforcing a preference rule against "out-of-state" products.

(Laws 1931, ch. 50, § 3; R.S. 1931, § 108-303; C.S. 1945, § 19-1503; W.S. 1957, § 9-669; W.S. 1977, § 9-8-307; Laws 1982, ch. 62, § 3; 2007, ch. 163, § 1.)