Wyoming Statutes

Wyo. Stat. § 24-2-108 (2026)

Road and bridge construction; professional

✓ current as of May 2026
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services procurement.

     (a) All road and bridge construction work, any part of the
cost of which is paid from the state highway fund, shall be
performed in accordance with the plans and specifications
prepared by the director of the department of transportation or
the chief engineer and approved by the commission, and shall be
performed by or under contracts awarded by the commission. The
director with the assistance of the chief engineer shall have
complete charge, including expenditures for roads now in
existence, or in the future to be constructed, which are part of
state highway systems which are located within or partially
within the national forests' boundaries. Except as specified
under subsection (c) of this section, all improvements costing
more than two hundred seventy-five thousand dollars
($275,000.00) shall be constructed under contracts awarded after
public notice to the lowest responsible bidder determined
qualified by the transportation commission of Wyoming which is
given the power to determine the qualifications and
responsibilities of bidders. The commission may reject any or
all bids and readvertise for bids. Improvements costing sixty
thousand dollars ($60,000.00) or less may be constructed by the
commission upon force account, with its own forces or under
contract, as the commission shall determine. A state highway
construction job to be completed within any calendar year period
and to cost more than sixty thousand dollars ($60,000.00) shall
not be constructed by department of transportation forces in
sections or parcels so as to come within the sixty thousand
dollars ($60,000.00) limitation. Contracts may be entered into
with railroad companies for the construction of grade separation
structures at actual cost under terms and conditions approved by
the commission. Whenever an emergency arises requiring immediate
expenditure of funds for the repair or rebuilding of bridges,
approaches to bridges and any roadway, when the bridges,
approaches to bridges or roadway are required to be rebuilt
immediately and in such short time that in the judgment of the
commission the people would be seriously inconvenienced in
waiting the regular period for advertising for bids, the
commission may enter into contract for any building or
rebuilding of bridges, approaches or roadway without advertising
for the letting of any contract, provided the amount of the
contract shall not exceed one million dollars ($1,000,000.00)
and provided the commission requests proposals from at least two
(2) contractors capable of performing the emergency construction
or repair, except as specified under subsection (c) of this
section. The commission shall adopt general rules and
regulations for the publication of notice to bidders, the
awarding of contracts, and for determining the qualifications
and responsibilities of bidders.

     (b) The commission shall procure the professional services
of architects, engineers and surveyors in accordance with W.S.
9-23-105(f) through (h) and 9-23-106(g), except as specified
under subsection (c) of this section.

     (c) As authorized by W.S. 16-6-702(c) and notwithstanding
W.S. 16-6-706 the commission may use alternate design and
construction delivery methods as defined in W.S. 16-6-701.
Subsections (a) and (b) of this section do not apply to any road
and bridge construction work any part of the cost of which work
is paid from the state highway fund and that is using an
alternate design and construction delivery method as defined in
W.S. 16-6-701.
Notes of Decisions
Cited in 3 cases, 1982–2015 · leading case: Brasel & Sims Constr. Co. v. State High. Comm'n of Wyoming, 655 P.2d 265 (Wyo. 1982).
Brasel & Sims Constr. Co. v. State High. Comm'n of Wyoming, 655 P.2d 265 (Wyo. 1982). · cites it 2× “" The scope of the jurisdiction of the Wyoming State Highway Commission with respect to road construction is circumscribed by § 24-2-108, W.S. 1977, in pertinent part: "All road and bridge construction work, any part of the cost of which is paid from the state highway fund,…”
W. Wyoming Constr. Co., Inc. v. Bd. of Cnty. Commissioners of Sublette Cnty., Wyoming, 2013 WY 63 (Wyo. 2013). · cites it 3× “Among the possibilities are Wyo. Stat. Ann. § 24-2-108 (LexisNexis 2011), which applies to road work "any part of the cost of which is paid from the state highway fund" 2 and provides that work cost *517 ing more than $200,000 "shall be constructed under contracts awarded after…”
W. Wyoming Constr. Co. v. Bd. of Cnty. Commissioners, 351 P.3d 250 (Wyo. 2015). · cites it 7× “Based upon the evidence and testimony before the Court, Wyo. Stat. Ann § 24-2-108 does not apply to this case because the funds paid for the Project were not paid from the State Highway Fund as provided by Wyo.”
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