Definitions.

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9-23-102. Definitions.

(a) As used in this act:

(i) "Agency" means any school district, state office, department, board, council, commission, separate operating agency, institution or other instrumentality or operating unit of the state excluding the University of Wyoming, community college districts, the Wyoming business council and the Wyoming department of transportation;

(ii) "Department" means the state construction department;

(iii) "Firm" means an individual, corporation, partnership, business trust, association, firm or any other legal entity permitted by law to practice in a specified profession;

(iv) "Principal representative" means the governing board of an agency or its designated representative, or if there is no governing board, the executive head of an agency;

(v) "Professional services" means:

(A) The practice of architecture pursuant to W.S. 33-4-101 through 33-4-117;

(B) The practice of professional engineering or professional land surveying pursuant to W.S. 33-29-201 through 33-29-801.

(vi) "Resident firm" means a firm that:

(A) Possesses a physical office within the state that is staffed by individuals with professional and technical expertise who are employed in the state; and

(B) Certifies in the firm's current statement of qualifications or application that if selected for the project the percentage of professional services specified in this subparagraph shall be performed by individuals or consultants employed in the state who will perform their labor or professional services provided under the contract within the boundaries of the state. The individuals who will perform the professional services shall possess the professional and technical qualifications necessary to perform the work required by the contract. The following percentages shall apply to this subparagraph:

(I) For any projects with negotiated fees for professional services in an amount equal to one million five hundred thousand dollars ($1,500,000.00) or less - fifty percent (50%) of the professional services provided under the firm's contract;

(II) For any projects with negotiated fees for professional services in an amount greater than one million five hundred thousand dollars ($1,500,000.00) but less than three million dollars ($3,000,000.00) - forty percent (40%) of the professional services provided under the firm's contract;

(III) For any projects with negotiated fees for professional services in an amount equal to three million dollars ($3,000,000.00) or more - thirty percent (30%) of the professional services provided under the firm's contract.

(vii) "Negotiated fee" means the fee specified in a written contract for professional services entered into in accordance with W.S. 9-23-106;

(viii) "State procurement website" means a website that the department designates to host information and notices related to procurement under this act;

(ix) "This act" means W.S. 9-23-101 through 9-23-107.


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