16-6-708;

16-6-708;

(ix) "Design-build" means a type of construction delivery method in which there is a single contract between the public entity and a design-builder who furnishes architectural, engineering and other related design services as required for the public work, as well as labor, materials and other construction services necessary for the public work. A design- builder may be selected by the public entity based on evaluation of responses to a request for qualifications, fixed scope request for proposal or fixed price request for proposal. The following shall apply:

(A) A design-builder may be selected based solely on a response to a request for qualification for public works with an estimated construction cost of five hundred thousand dollars ($500,000.00) or less provided there are not less than two (2) respondents;  (B) Responses to a fixed scope request for proposal or a fixed price request for proposal shall be used as the bases for selection for a public work with an estimated construction cost of more than five hundred thousand dollars ($500,000.00);

(C) Interested parties shall first respond to a request for qualification. Based on responses to the request for qualification a minimum of two (2) and maximum of five (5) respondents may be selected to respond to a fixed scope request for proposal or a fixed price request for proposal;

(D) The respondent chosen by evaluation to provide the best overall value for the public work shall be selected in response to a fixed scope request for proposal or a fixed price request for proposal. The best overall value shall be determined based on criteria set forth by the public entity letting the public work and may include, but is not limited to, qualifications, price, quality of materials and products, past experience and schedule;

(E) All unsuccessful respondents to a response for a fixed scope request for proposal or fixed price request for proposal may be compensated at the discretion of the public entity based upon a percentage of the price of the public work as proposed by the successful respondent in the respondent's original proposal. Any compensation provided pursuant to this subparagraph shall be clearly specified in the request for proposal.

(x) "Design-builder" means an entity that provides design-build services as described under paragraph (ix) of this subsection whether by itself or through subcontractual arrangements with other entities;

(xi) "Fixed price request for proposal" means a request for an oral and written presentation of all qualifications deemed pertinent to the public work by the public entity in addition to a schematic design and detailed description of all materials and products proposed to accommodate a preliminary project program prepared by the public entity and provided in the fixed price request for proposal. The successful respondent shall construct the public work described in their design and material and product description for a fixed price prepared by the public entity and provided in the fixed price request for proposal. The final guaranteed maximum price and scope for the public work may be altered from the request for proposal and negotiated with the successful respondent at the discretion of the public entity;

(xii) "Fixed scope request for proposal" means a request for an oral and written presentation of all qualifications deemed pertinent to the public work by the public entity in addition to a guaranteed maximum price for a preliminary design prepared by the design builder incorporating all elements of a fixed scope for the public work prepared by the public entity and provided in the fixed scope request for proposal. The final guaranteed maximum price and scope for the public work may be altered from the request for proposal and negotiated with the successful respondent at the discretion of the public entity;

(xiii) "Request for qualification" means a request for an oral or written presentation of all qualifications deemed pertinent to the public work by the public entity. The request for qualification shall include not less than all the provisions contained in W.S. 16-6-707(b);

(xiv) "Public work" means as described in W.S. 16-6- 101(a)(ix).

16-6-702. Public entity; contracts; partial payments; retainage; alternate delivery methods authorized.

(a) A public entity awarding a contract for a public work shall authorize partial payments of the amount due under the contract as stipulated in the contract document or as soon thereafter as practicable, to the contractor if the contractor is satisfactorily performing the contract.

(b) In all contracts with a public entity for a public work, the public entity may retain no more than five percent (5%) of the calculated value of any work completed as retainage. The retained payment shall be due and payable as prescribed by W.S. 16-6-116(a). The retained payment shall be held in an account in the name of the contractor which account has been assigned to the public entity. If the public entity finds that satisfactory progress is being made in all phases of the contract it may, upon written request by the contractor, authorize payment from the withheld percentage. Before the payment is made, the public entity shall determine that satisfactory and substantial reasons exist for the payment and shall require written approval from any surety furnishing bonds for the contract work.  (c) Alternate design and construction delivery methods may be used by a public entity for a public work.

16-6-703. Public work; completion by public entity; partial payments.

If it becomes necessary for a public entity to take over the completion of any public work, all of the amounts owing the contractor, including any payment retained under W.S. 16-6- 702(b), shall first be applied toward the cost of completion of the public work. Any balance of the retained payment remaining after completion of the public work by the public entity shall be payable to the contractor or the contractor's creditors. The retained payment which may be due any contractor shall be due and payable as prescribed by W.S. 16-6-116(a).

16-6-704. Interest bearing deposit agreement; option to enter into.

If requested by the general contractor, a public entity shall enter into an interest bearing deposit agreement with any depository designated by the general contractor, after notice to the surety, to provide an agent for the custodial care and servicing of any deposits placed with him pursuant to this act on any contract of more than fifty thousand dollars ($50,000.00). The services shall include the safekeeping of the obligations and the rendering of all services required to effectuate the purposes of this act.

16-6-705. Custodian for obligations; collection of interest income-payable to contractor.

The public entity or any depository designated by the contractor to serve as custodian for the obligations pursuant to W.S.