How to sell to Wyoming counties

Wyoming has 23 counties. No single state code sets county purchasing thresholds for goods and services, so each county adopts its own policy. State law sets rules for particular kinds of work, chiefly county road and bridge work (W.S. title 24), and general public works rules in W.S. title 16, chapter 6, which apply to every "public entity," including counties (W.S. 16-6-101). Those rules include strong resident contractor and materials preferences, bonds, retainage and prompt payment.

At a glance

Who buys

Each county is governed by an elected Board of County Commissioners, which awards contracts at its meetings. Counties are "public entities" under the state public works statutes (W.S. 16-6-101(a)(viii)). Many counties publish their own procurement codes. Teton County, for example, has a Title 2 procurement code adopted in 2018 and amended Jan. 24, 2023.

Goods and services

We found no statewide county threshold for small purchases, quotes or formal bids on goods and services. Each county sets these in its own policy. As an example, Teton County's code (county policy, not state law) uses:

Wyoming materials and agricultural products get a preference in public purchases (W.S. 16-6-104 to -106). See Preferences below.

Construction and public works

County road and bridge work. Work paid from the county road and bridge fund must be competitively bid when the estimated cost exceeds $75,000. Emergency work may be let without advertising (W.S. 24-2-110(a), (h)). The limit was raised from $50,000 by 2022 SF0018 (Enrolled Act 22).

County bridges. County bridge contracts go to the lowest responsible bidder, subject to W.S. 16-6-119, and counties must adopt contractor prequalification rules (W.S. 24-1-132(f), (h), per 2021 SF0006).

Other public works. We did not confirm a statewide dollar threshold for bidding county buildings or other public works; check county policy and the solicitation. On capital construction, bids must be opened publicly; on construction manager at risk or design-build jobs, at least 70% of the work must go to Wyoming resident contractors unless waived; and Wyoming suppliers get a 5% preference on materials (W.S. 16-6-1001). Construction manager at risk and design-build are authorized for public entities (W.S. 16-6-702, 16-6-707).

Bid security. No state bid security rule for counties was confirmed. Teton County's policy requires 5% on bids over $150,000 (Teton County Code Title 2); check the solicitation.

Bonds. Public works contracts over $150,000 need a bond of at least 100% of the contract price, covering performance, labor and material claims, and taxes. At $150,000 or less, the county may set the amount or accept another guarantee (W.S. 16-6-112). See performance bond and payment bond.

Notice and award

W.S. 16-6-102 applies "where advertisement for bids is required" but does not set an advertising period itself. We did not confirm a statewide county notice rule; check county policy and the solicitation.

Award (W.S. 16-6-102, 16-6-119):

• Where bids are advertised, award goes to the lowest responsible bidder, subject to the resident preference.
• Where bids or RFPs are not required, the contract goes to a Wyoming resident if one is known to offer the service.
• Prequalified bidders must be accepted, and a bonded bidder can't be rejected only on financial strength.
• Significantly unbalanced unit-price bids are barred.

Prevailing wage

The Wyoming Prevailing Wage Act covers construction of $100,000 or more by a "public body," and it defines "public body" as "the state of Wyoming or any officer, board or commission of the state" (W.S. 27-4-402(a)(i), (vi), 27-4-403). On its face, the act does not reach county contracts. The US Department of Labor lists Wyoming's $100,000 threshold but does not address counties. Federal Davis-Bacon rates can still apply to federally funded county work; check the solicitation.

A separate rule requires Wyoming resident laborers on public works (W.S. 16-6-203, as cited in Teton County Code Title 2).

Getting paid

Prompt payment. The prompt payment law covers any instrumentality of a political subdivision (W.S. 16-6-601(a)(i)). Unless the contract says otherwise, the county pays within 45 days of a correct notice of the amount due. Late payments earn 1.5% per month from the 45th day, except in good-faith disputes (W.S. 16-6-602).

Retainage. Retainage is capped at 5% of the value of work completed. It is held in an account in the contractor's name, assigned to the county; interest-bearing deposit agreements are optional (W.S. 16-6-702(b), 16-6-704). At substantial completion, the county publishes a notice once a week for 2 weeks in a newspaper and posts it on the state procurement website or its own website. Retainage is paid on the 41st day after the notice first runs, less amounts for incomplete work (W.S. 16-6-116).

Cooperative purchasing and state contracts

We did not confirm a Wyoming statute on counties using state contracts or other governments' contracts. Ask the county whether it accepts cooperative purchasing contracts under its own policy, and check the solicitation.

Preferences and required certifications

• Resident contractors: where bids are advertised, a certified Wyoming resident wins if its bid is no more than 5% above the lowest responsible nonresident bid. Residency is certified by the Department of Workforce Services (W.S. 16-6-101(a)(i), 16-6-102).
• Subcontracting: a resident contractor may subcontract no more than 30% of the work to nonresidents (W.S. 16-6-103, as cited in Teton County Code Title 2).
• Wyoming materials: Wyoming materials in public works get preference over out-of-state products of equal quality (W.S. 16-6-104). A 5% preference applies to supplies, materials, agricultural products, equipment, machinery and provisions bought by public entities (W.S. 16-6-105, secondary: Texas Comptroller summary).
• Public printing: a resident printer wins if within 10% of the lowest nonresident bid and does at least 75% of the work in Wyoming (W.S. 16-6-301, secondary: Texas Comptroller summary).
• Federal funds: the preferences yield to federal law when federal money is used (W.S. 16-6-108).

Statewide county rules on E-Verify, Iran, boycott or debarment certifications were not confirmed; check the solicitation.

Architects and engineers

We found no qualifications-based selection statute that applies to Wyoming counties. Counties set their own process; Teton County, for example, has its own professional services procedure. Check the solicitation.

Practical tips for Wyoming

• Get certified as a Wyoming resident contractor if you qualify; the 5% preference can win close bids.
• Out-of-state bidders should price in the preferences and the 30% limit on nonresident subcontracting.
• Ask for the county's procurement policy. Quote and bid thresholds for goods and services vary by county.
• Watch for substantial completion notices. Your retainage is due on the 41st day after the first one runs (W.S. 16-6-116).
• Check Wyoming counties for each county's bid platform, contacts and agendas.