Wyoming Statutes

Wyo. Stat. § 16-6-102 (2026)

Resident contractors; preference limitation with

✓ current as of May 2026
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reference to lowest bid or qualified response; decertification;
denial of application for residency.

     (a) If a contract is let by a public entity for a public
work, the contract shall be let, if advertisement for bids or
request for proposal is not required, to a resident of the
state, provided that if the services required are not offered by
any known resident of the state, the public entity may let the
contract to a nonresident. If advertisement for bids is
required, the contract shall be let to the responsible certified
resident making the lowest bid if the certified resident's bid
is not more than five percent (5%) higher than that of the
lowest responsible nonresident bidder.

     (b) If any person who is certified as a resident
contractor for any reason loses that certification, that person
may not be recertified as a resident for a period of one (1)
year from the date of decertification.

     (c) If any person who applies for certification as a
resident contractor is denied certification because of not
meeting the residency requirements, that person may not reapply
for certification for a period of one hundred eighty (180) days
from the date certification is denied. No person shall be
denied certification because of inadvertent omission of
information, as determined by the department of workforce
services, on an application for resident certification.

     (d)   Repealed By Laws 1999, Ch. 152, § 2; 2007, Ch. 163, §
2.

     (e) The department shall make investigations as necessary
to determine whether any person is eligible to receive or
continue to hold a certificate of residency. The department may
require or permit any person to file a statement in writing at
any time, under oath or otherwise as to all the facts and
circumstances concerning the matter to be investigated. For the
purpose of any investigation under this section, the director of
the department or any person designated by him may administer
oaths and affirmations, subpoena witnesses, and compel their
attendance, take evidence and require the production of any
books, papers, correspondence, memoranda, agreements or other
documents or records, which the director or designated person
deems relevant or material to the inquiry. In case of refusal
to obey a subpoena issued to any person, any Wyoming district
court, upon application by the director, may issue to the person
an order requiring him to appear before the director or the
officer designated by him, to produce documentary evidence if so
ordered, or to give evidence touching the matter under
investigation or in question. Failure to obey the order of the
court may be punished by the court as contempt of court. The
burden of proof regarding the status of the residency is on the
person whose residency is in question.

     (f) If, after investigation, the department believes that
a certificate of residency should be denied or revoked, it shall
provide notice to the applicant or certificate holder of its
intent to deny or revoke the certificate and of the applicant or
certificate holder's opportunity for a hearing if requested.
Any hearing conducted under this subsection shall be conducted
in accordance with the Wyoming Administrative Procedure Act.
     (g) Whenever an emergency arises requiring a contract for
a public work, a public entity may waive any applicable
requirement of this section if the requirement endangers the
health, welfare or safety of the public.
Notes of Decisions
Cited in 9 cases, 1984–2015 · leading case: W. Wyoming Constr. Co., Inc. v. Bd. of Cnty. Commissioners of Sublette Cnty., Wyoming, 2013 WY 63 (Wyo. 2013).
W. Wyoming Constr. Co., Inc. v. Bd. of Cnty. Commissioners of Sublette Cnty., Wyoming, 2013 WY 63 (Wyo. 2013). · cites it 23× “WWC further asserted that Wyo. Stat. Ann. § 16-6-102 (a) (LexisNexis 2011) mandated that the contract for the Horse Creek Road project be awarded to it because it was a responsible certified Wyoming resident and had submitted the lowest bid.”
City of Green River v. Debernardi Constr. Co., 816 P.2d 1287 (Wyo. 1991). · cites it 19× “The notice provided that a five percent preference would be given to Wyoming contractors in accordance with W.S. 16-6-102 (July 1990 Repl.). No mention was made of any additional preference.”
Westates Constr. Co. v. Sheridan Cnty. Sch. Dist. No. 2, Bd. of Trs., 719 P.2d 1366 (Wyo. 1986). · cites it 8× “§ 16-6-102 IS AMPLY SUPPORTED BY SUBSTANTIAL EVIDENCE AND IS, THEREFORE, NOT ARBITRARY, CAPRICIOUS, OR AN ABUSE OF DISCRETION.”
Dep't of Emp., Labor Standards Div. v. Roberts Constr. Co., 841 P.2d 854 (Wyo. 1992). · cites it 6× “Appellant argues a single issue: Was there sufficient evidence to support the Division of Labor Standards’ decision that a certified resident contractor was using its certificate of residency primarily as a device to obtain benefits of residency for a nonresident contractor, in…”
Kloefkorn-Ballard Constr. & Dev., Inc. v. North Big Horn Hosp. Dist., 683 P.2d 656 (Wyo. 1984). · cites it 5× “Under the provisions of § 16-6-102, W.S.1977 (October 1982 Replacement), the Hospital District was obligated to award the contract to the responsible resident making the lowest bid if the resident’s bid was not more than five percent higher than the lowest responsible…”
Coffinberry v. Bd. of Cnty. Commissioners, 2008 WY 110 (Wyo. 2008). · cites it 2× “§ 15-1-113 (c) (LexisNexis 2007), which deals with bids for municipal public improvement projects; Wyo. Stat. Ann. § 16-6-102 (Lex-isNexis 2007), which deals with residential preferences and low bid requirements for bids let for public building and public work projects; and Wyo.”
A-G-E Corp. v. United States Ex Rel. Off. of Mgmt. & Budget, 753 F. Supp. 836 (D.S.D. 1990). “The preference given to Wyoming resident contractors in public works projects, enacted in 1939, appears at Wyo. Stat. § 16-6-102 (1982): Whenever a contract is let by the state, any department thereof or any county, city, town, school district or other public corporation of the…”
Dahme Constr. Co. v. Web Water Dev. Ass'n, 438 N.W.2d 550 (S.D. 1989). “Under Wyo.Stat.Ann. § 16-6-102(a), “the state, any department thereof, or any county, city, town, school district, community college district or other public corporation” shall award a contract to “the responsible certified resident making the lowest bid if the certified…”
W. Wyoming Constr. Co. v. Bd. of Cnty. Commissioners, 351 P.3d 250 (Wyo. 2015). · cites it 14× “In the prior appeal, WWC challenged the district court's award of summary judgment in favor of the Commissioners, arguing that the Commissioners' award of the contract was an abuse of discretion under Wyo.”
— Wyo. Stat. § 16-6-102(2) — 1 case
W. Wyoming Constr. Co., Inc. v. Bd. of Cnty. Commissioners of Sublette Cnty., Wyoming, 2013 WY 63 (Wyo. 2013). “WWC further asserted that Wyo. Stat. Ann. § 16-6-102 (a) (LexisNexis 2011) mandated that the contract for the Horse Creek Road project be awarded to it because it was a responsible certified Wyoming resident and had submitted the lowest bid.”
— Wyo. Stat. § 16-6-102(a) — 2 cases
W. Wyoming Constr. Co., Inc. v. Bd. of Cnty. Commissioners of Sublette Cnty., Wyoming, 2013 WY 63 (Wyo. 2013). “WWC further asserted that Wyo. Stat. Ann. § 16-6-102 (a) (LexisNexis 2011) mandated that the contract for the Horse Creek Road project be awarded to it because it was a responsible certified Wyoming resident and had submitted the lowest bid.”
Dahme Constr. Co. v. Web Water Dev. Ass'n, 438 N.W.2d 550 (S.D. 1989). “Under Wyo.Stat.Ann. § 16-6-102(a), “the state, any department thereof, or any county, city, town, school district, community college district or other public corporation” shall award a contract to “the responsible certified resident making the lowest bid if the certified…”
— Wyo. Stat. § 16-6-102(d) — 1 case
Dep't of Emp., Labor Standards Div. v. Roberts Constr. Co., 841 P.2d 854 (Wyo. 1992). “Appellant argues a single issue: Was there sufficient evidence to support the Division of Labor Standards’ decision that a certified resident contractor was using its certificate of residency primarily as a device to obtain benefits of residency for a nonresident contractor, in…”
— Wyo. Stat. § 16-6-102(d)(i)(A) — 1 case
Dep't of Emp., Labor Standards Div. v. Roberts Constr. Co., 841 P.2d 854 (Wyo. 1992). “Appellant argues a single issue: Was there sufficient evidence to support the Division of Labor Standards’ decision that a certified resident contractor was using its certificate of residency primarily as a device to obtain benefits of residency for a nonresident contractor, in…”
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