What if the circumstances are not appropriate for competitive sealed bidding?

Two alternative approaches exist to competitive sealed bidding in the proper circumstances: competitive negotiation and noncompetitive negotiation. See W.S. 9-2-1016(b)(iv)(B) & (C).

When is competitive negotiation appropriate?

When the Administrator determines in writing that competitive sealed bidding is not feasible or practical.

When is noncompetitive negotiation appropriate?

Only when competition is not feasible as determined by the Administrator in writing prior to award and the Governor or his designee approve.

Who is the Administrator?

For purpose of obtaining the Administrator’s approval in writing, the Administrator is the Administrator of the Agency, or the person in an agency who has been granted authority to do so.

What about purchases for less than $7,500?

Agencies are authorized to make purchases not exceeding $7,500 (as established by the Department) without compliance with the above requirements and without prior approval of the department.

What are some common examples of competitive negotiation and noncompetitive negotiation which have been approved?

In the construction context, the competitive process used for selection of a Construction Manager at Risk in accordance with W.S. 16-6-701 et seq. and 16-6-1001 is a common example of competitive negotiation which has been approved.

In the non-construction context, purchases of items or services where negotiations can take place are common examples of competitive negotiation which have been approved. In the non-construction context, dues and subscriptions are common examples of noncompetitive negotiations which have been approved.

How do I know if I need Administrator approval?

Please contact Procurement prior to committing to the expenditure and discuss the bid process. If it is determined that the expenditure is a noncompetitive negotiation per the conditions outlined in the above definitions, Procurement will direct the agency to the procurement system for registration.

Why do memberships in organizations require approval?

Wyoming Statute (W.S. 9-2-1016) states that expenditures exceeding $7,500 are subject to competitive bids. The statute does not exclude any specific types of expenditures, including memberships.

How long does the approval process take and when will I know if my request has been approved?

On average, an approval can take up to one week for approval.Agency personnel can track their individual requests through the automated system.

What information shall I include in my request?

All requests should include a clear and concise statement why the expenditure cannot be bid and the reason for the vendor selection. Attach all documents that will support those statements. The dollar amount, source of funding, and any pertinent attachments should also be included.

Are requests/approvals public information?

Yes. They are available under the Bid Information Center. Although each request is listed as a summary, all associated documents are made available under the procedures outlined in the Wyoming Public Records Act.

Does this process apply to Amendments/Change Orders?

If the amendment/change order being made is the same services as the original contract, it is not necessary. If a new set of requirements is being added, please submit a request. Please contact the appropriate buyer in the Purchasing Office if you are unsure.

If I’ve obtained quotes do I still need to do submit a request?

Yes, if the dollar amount exceeds $7,500.00. You must also upload the quotes you’ve obtained.