9-2-1028. Definitions.

(a) As used in this act:

(i) "Agency" means any school district, state office, department, board, commission, institution or other operating entity of the state excluding, except as otherwise provided in W.S. 9-2-1031(f) and 9-2-1032(g), the University of Wyoming, community college districts, the Wyoming business council and the Wyoming department of transportation;

(ii) "Department" means the state department of administration and information;

(iii) "Firm" means an individual, corporation, partnership, business trust, association, firm or any other legal entity permitted by law to practice in a specified profession;

(iv) "Principal representative" means the governing board of a school district, department, institution or agency or its designated representative, or, if there is no governing board, the executive head of a department, institution or agency;

(v) "Professional services" means:

(A) The practice of architecture pursuant to W.S. 33-4-101 through 33-4-117;

(B) The practice of professional engineering or professional land surveying pursuant to W.S. 33-29-201 through 33-29-801.

(vi) "Resident firm" means a firm that:

(A) Possesses a physical office within the state that is staffed by individuals with professional and technical expertise who are employed in the state; and

(B) Certifies in the firm's current statement of qualifications or application that if selected for the project the percentage of the contract costs for professional services specified in this subparagraph shall be performed by individuals or consultants employed in the state who will perform their labor or professional services provided under the contract within the boundaries of the state. The individuals who will perform the professional services shall possess the professional and technical qualifications necessary to perform the work required by the contract. The following percentages shall apply to this subparagraph:

(I) For any projects with project contract costs in an amount equal to twenty million dollars ($20,000,000.00) or less - fifty percent (50%) of the contract costs;

(II) For capital construction projects with construction contract costs in an amount greater than twenty million dollars ($20,000,000.00) but less than forty million dollars ($40,000,000.00) - forty percent (40%) of the contract costs;

(III) For capital construction projects with construction contract costs in an amount equal to forty million dollars ($40,000,000.00) or more - thirty percent (30%) of the contract costs.

(vii) "This act" means W.S. 9-2-1027 through 9-2-1033.