Summary 2013 WY 63

Summary of Decision May 21, 2013

Chief Justice Kite delivered the opinion for the Court. Reversed and Remanded.Case Name: WESTERN WYOMING CONSTRUCTION CO., INC., v. BOARD OF COUNTY COMMISSIONERS OF SUBLETTE COUNTY, WYOMING

Docket Number: S‑12‑0193

URL: http://www.courts.state.wy.us/Opinions.aspx

Appeal from the District Court of Sublette County, the Honorable Marvin L. Tyler, Judge

Representing Appellant: Devon Petersen of Hooper-Strike Law Offices LLC, Lander, Wyoming.

Representing Appellee: Judith Studer of Schwartz, Bon, Walker & Studer, LLC, Casper, Wyoming.

Date of Decision: May 21, 2013

Facts: Western Wyoming Construction Co., Inc. (WWC) submitted a bid for a highway project in Sublette County, Wyoming. The Board of County Commissioners of Sublette County (Commissioners) awarded the contract to another company whose bid was higher than WWC’s. WWC filed a complaint in district court for an order awarding it the contract for the project. The Commissioners filed a motion for summary judgment which the district court granted. WWC appeals from the summary judgment order.

Issues: WWC presents the issue for this Court’s consideration as follows: Whether pursuant to W.S. § 16-6-102(a) it is an abuse of discretion and, therefore, illegal for a Board of County Commissioners to refuse to award a public works contract to the lowest responsible resident bidder on the basis that the next lowest bid is not significantly higher and was submitted by a firm from the same county.

The Commissioners restate the issues as follows: Does a Board of County Commissioners have a right to exercise any discretion in awarding a public works contract? Subsumed within the question is the following subpart: Does Wyo. Stat. Annot. § 16-6-102(a) that allows for a 5% resident preference, foreclose the exercise of discretion in awarding a public works contract between resident bidders? Was [WWC] a “responsible and responsive qualified Bidder” entitled to an award of the contract pursuant to the terms of the bid documents?

Holdings: Reversed and remanded for proceedings consistent with this opinion.

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court

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