Sec. 24-101-101.
Short title. The short title of articles 101 to 112 of this title 24 is the
"Procurement Code", referred to in said articles as the "code".
Source: L. 81: Entire article added, p. 1259, § 1, effective January 1, 1982. L. 2017:
Entire section amended, (HB 17-1051), ch. 99, p. 299, § 1, effective August 9.
Sec. 24-101-102.
Purposes - rules of construction. (1) This code shall be construed and
applied to promote its underlying purposes and policies.
(2)The underlying purposes and policies of this code are:
(a)To simplify, clarify, and modernize the law governing procurement by the state of
Colorado;
(b)To provide for increased public confidence in the procedures followed in public
procurement;
(c)To ensure the fair and equitable treatment of all persons who deal with the
procurement system of the state of Colorado;
(d)To provide increased economy in state procurement activities and to maximize to the
fullest extent practicable the purchasing value of public funds of the state of Colorado;
(e)To foster effective broad-based competition within the free enterprise system; and
(f)To provide safeguards for the maintenance of a procurement system of quality and
integrity.
Source: L. 81: Entire article added, p. 1259, § 1, effective January 1, 1982.
Sec. 24-101-103.
Supplementary general principles of law applicable. (Repealed)
Source: L. 81: Entire article added, p. 1260, § 1, effective January 1, 1982. L. 2017:
Entire section repealed, (HB 17-1051), ch. 99, p. 354, § 76, effective August 9.
Editor's note: This section was relocated to § 24-106-102 in 2017.
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Sec. 24-101-104.
Requirement of good faith. This code requires all parties involved in the
procurement of any good or service or in the negotiation, performance, or administration of any
contract for those goods or services to act in good faith.
Source: L. 81: Entire article added, p. 1260, § 1, effective January 1, 1982. L. 2017:
Entire section amended, (HB 17-1051), ch. 99, p. 299, § 2, effective August 9.
Sec. 24-101-105.
Application of this code. (1) (a) This code applies to all publicly funded
contracts entered into by all governmental bodies of the executive branch of this state; except
that this code does not apply to:
(I)Bridge and highway construction or to contracts for unsolicited or comparable
proposals for public-private initiatives under section 43-1-1203;
(II)Contracts between the state and its political subdivisions or other governments,
except as provided in article 110 of this title 24;
(II.5)Grants;
(III)Public printing, as defined in section 24-70-201, except for the provisions of article
109 of this title 24;
(IV)Professional services, as defined in section 24-30-1402;
(V)The Colorado state fair authority created pursuant to section 35-65-401 (1);
(VI)The state board of land commissioners in connection with contract expenditures
from the state board of land commissioners investment and development fund created in section
36-1-153 (1), or the commercial real property operating fund created in section 36-1-153.7;
(VII)Repealed.
(VIII)Utilities, including water, electricity, and natural gas;
(IX)Works of art for display, purchase, or performance;
(X)Copyrighted materials such as books, periodicals, collections, and subscriptions;
(XI)Conference facilities at hotels or other venues that include, but need not to be
limited to, meeting rooms, audio visual equipment, catering, and guest accommodation rooms;
(XII)Client-based services including medical services or services where the client has
the right to choose the vendor;
(XIII)Dues and memberships;
(XIV)Annuities;
(XV)Real property or interest in real property;
(XVI)The habitat partnership program created in section 33-1-110 (8)(a);
(XVII)The department of early childhood in soliciting and selecting entities to serve as
local coordinating organizations pursuant to section 26.5-2-103 and coordinating agreements
entered into pursuant to section 26.5-2-105; or
(XVIII)Public-private partnerships authorized by part 1 of article 94 of this title 24.
(a.5)If the procurement official or his or her designee determines that reasonable
competition exists in the procurement of a good or service that is exempt from the code pursuant
to subsection (1)(a) of this section, the procurement official or his or her designee may require a
competitive process.
(b)The governing board of each institution of higher education, including the Auraria
higher education center established in article 70 of title 23, by formal action of the board, and the
Colorado commission on higher education, by formal action of the commission, may elect to be
Colorado Revised Statutes 2024 Page 3021 of 3111 Uncertified Printout
exempt from the provisions of this code and may enter into contracts independent of the terms
specified in this code.
(c)Repealed.
(d)(Deleted by amendment, L. 2017.)
(e)Upon the request to purchase items for resale to the public, the procurement official
may, by written determination, provide that this code shall not apply to items acquired for such
resale.
(f)Nothing in this code or in rules promulgated under this code shall prevent any
governmental body or political subdivision from complying with the terms and conditions of any
grant, gift, bequest, or cooperative agreement.
(g)Upon the request to enter into a revenue-producing contract, the procurement official
may, by written determination, provide that this code shall not apply to the revenue-producing
contract. Governmental bodies shall maximize the return to the state when they are parties to
revenue-producing contracts.
(2)All political subdivisions and local public agencies of this state are authorized to
adopt all or any part of this code and its accompanying rules.
(3)and (4) (Deleted by amendment, L. 2017.)
Source: L. 81: Entire article added, p. 1260, § 1, effective January 1, 1982. L. 95: (1)
amended, p. 261, § 4, effective April 17; (3) added, p. 26, § 2, effective July 1. L. 96: (1)
amended, p. 1532, § 96, effective June 1. L. 97: (4) added, p. 1285, § 27, effective July 1. L. 99:
(1)amended, p. 294, § 3, effective April 14. L. 2003: (1) amended, p. 1587, § 1, effective May
2. L. 2004: (1) amended, p. 604, § 7, effective July 1; (3) amended, p. 271, § 3, effective August
4. L. 2005: (1) amended, p. 538, § 3, effective May 24. L. 2009: (1) amended, (SB 09-089), ch.
440, p. 2433, § 1, effective June 4. L. 2010: (1)(a)(VII) added, (SB 10-032), ch. 98, p. 338, § 3,
effective April 15; (1)(c) repealed, (SB 10-111), ch. 170, p. 603, § 11, effective August 11. L.
2012: (1)(a)(VII) amended, (SB 12-096), ch. 59, p. 215, § 2, effective March 24; (1)(b)
amended, (HB12-1081), ch. 210, p. 906, § 14. effective August 8. L. 2013: (1)(a)(VI) amended,
(HB 13-1274), ch. 376, p. 2217, § 9, effective June 5. L. 2017: Entire section amended, (HB 17-
1051), ch. 99, p. 299, § 3, effective August 9. L. 2022: (1)(a)(XIV) and (1)(a)(XV) amended and
(1)(a)(XVIII) added, (SB 22-130), ch. 232, p. 1716, § 4, effective May 26; IP(1)(a), (1)(a)(XIV),
and (1)(a)(XV) amended and (1)(a)(XVII) added, (HB 22-1295), ch. 123, p. 845, § 67, effective
July 1; IP(1)(a), (1)(a)(XIV), and (1)(a)(XV) amended and (1)(a)(XVI) added, (HB 22-1072), ch.
116, p. 543, § 3, effective August 10.
Editor's note: (1) Subsection (1)(a)(VII)(B) provided for the repeal of subsection
(1)(a)(VII), effective July 1, 2014. (See L. 2012, p. 215.)
(2)Subsection (1)(a)(XV) was amended in SB 22-130 and HB 22-1295. Those
amendments were superseded by the amendment of subsection (1)(a)(XV) in HB 22-1072.
Cross references: (1) For the legislative declaration contained in the 1995 act amending
subsection (1), see section 1 of chapter 90, Session Laws of Colorado 1995.
(2)For the legislative declaration in the 2010 act adding subsection (1)(a)(VII), see
section 1 of chapter 98, Session Laws of Colorado 2010.
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Sec. 24-101-106.
Procurement training. The chief procurement officer, or his or her
designee, may develop and conduct a procurement education and training program for
employees of governmental bodies and for vendors.
Source: L. 2017: Entire section added, (HB 17-1051), ch. 99, p. 301, § 4, effective
August 9.
Sec. 24-101-107.
Procurement ethics. Any person who is employed by a governmental body
who purchases goods or services or is involved in the purchasing process for the state, any end
users of such goods and services, any vendor or contractor that does business with the state, and
any other interested third parties to the procurement process shall enhance the proficiency and
stature of the purchasing process by adhering to the highest standards of ethical behavior.
Source: Entire section added, (HB 17-1051), ch. 99, p. 301, § 4, effective August 9.
PART 2
DETERMINATIONS
Sec. 24-101-201.
Determinations. Written determinations required by this code shall be
retained in the appropriate official procurement file of the department of personnel or the
purchasing agency administering the procurement.
Source: L. 81: Entire article added, p. 1260, § 1, effective January 1, 1982. L. 96: Entire
section amended, p.1533, § 97, effective June 1. L. 2017: Entire section amended, (HB 17-
1051), ch. 99, p. 302, § 5, effective August 9.
PART 3
DEFINITIONS
Sec. 24-101-301.
Definitions. The terms defined in this section have the following meanings
whenever they appear in this code, unless the context in which they are used clearly requires a
different meaning or a different definition is prescribed for a particular article or portion thereof:
(1)"Acceptance" means the action of consenting to receive or undertake something
offered.
(2)"Award" means the selection of a bid or proposal by a governmental body. An award
does not mean that a contract has been executed or that a commitment voucher has been issued
pursuant to section 24-30-202.
(3)"Bidder" means any person that submits a bid in response to an invitation for bids.
(4)"Business" means any corporation, limited liability company, partnership, individual,
sole proprietorship, joint-stock company, joint venture, or other private legal entity.
(5)"Business day" means any day other than Saturday, Sunday, or a legal holiday.
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(6)"Chief procurement officer" means the individual to whom the executive director has
delegated his or her authority pursuant to section 24-102-202 to procure or supervise the
procurement of all supplies and services needed by the state.
(7)"Construction" means the process of building, altering, repairing, improving, or
demolishing any public structure or building or any other public improvements of any kind to
any public real property. For the purposes of this code, "construction" includes capital
construction and controlled maintenance, as defined in section 24-30-1301.
(8)"Contingency-based contract" shall have the same meaning as set forth in section 24-
17-203 (1).
(9)"Contract" means any type of state agreement, regardless of what it may be called,
between a governmental body and a contractor, where the principal purpose is to acquire
supplies, services, or construction or to dispose of supplies for the direct benefit of a
governmental body. "Contract" includes commitment vouchers as described in section 24-30-
202.
(10)"Contract modification" means any written alteration of a contract accomplished in
accordance with the terms of that contract.
(11)"Contractor" means any person having a contract with a governmental body. For the
purposes of this code, a vendor is considered a contractor.
(12)"Cooperative purchasing" means procurement conducted by, or on behalf of, more
than one public procurement unit or by a public procurement unit with an external procurement
unit.
(13)"Cost-reimbursement contract" means a contract under which a contractor is
reimbursed for costs which are allowable and allocable in accordance with the contract terms
and the provisions of this code and a fee, if any.
(14)"Department" means the department of personnel.
(15)"Established catalog price" means the price included in a catalog, price list,
schedule, or other form that:
(a)Is regularly maintained by a manufacturer or contractor;
(b)Is either published or otherwise available for inspection by customers; and
(c)States prices at which sales are currently or were last made to a significant number of
any category of buyers or buyers constituting the general buying public for the supplies or
services involved.
(16)"Executive director" means the executive director of the department of personnel.
(17)"External procurement unit" means any buying organization not located in this state
which, if located in this state, would qualify as a public procurement unit. An external
procurement unit includes any purchasing cooperative that satisfies the purposes of this code as
set forth in section 24-101-102. An agency of the United States is an external procurement unit.
(18)"Governmental body" means any department, commission, council, board, bureau,
committee, institution of higher education, agency, government corporation, or other
establishment or official, other than an elected official, of the executive branch of state
government in this state; except that the governing board of each institution of higher education,
including the Auraria higher education center established in article 70 of title 23, by formal
action of the board, and the Colorado commission on higher education, by formal action of the
commission, may elect to be excluded from the meaning of "governmental body".
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(19)"Grant" means an agreement in which a governmental body as grantor transfers
anything of value to a grantee to carry out a public purpose of support or stimulation authorized
by law instead of acquiring property or services for the direct benefit or use of that governmental
body. A grant may include a distribution of funds.
(20)"Invitation for bids" means all documents, whether attached or incorporated by
reference, utilized for soliciting bids. Invitation for bids is the commonly used term for soliciting
competitive sealed bids and competitive sealed best value bids.
(21)"Legal holiday" shall have the same meaning as defined in section 24-11-101 (1).
(22)"Local public procurement unit" means any county, city, county and city,
municipality, or other political subdivision of the state, any public agency of any such political
subdivision, any public authority, any educational, health, or other institution, and, to the extent
provided by law, any other entity which expends public funds for the procurement of supplies,
services, and construction.
(23)"Low responsible bidder" means any person who has bid in compliance with the
invitation for bids and within the requirements of the plans and specifications for a public
contract who is the low bidder and who has furnished bonds or their equivalent if required by
law.
(24)"Low tie bids" means low responsible bids from bidders that are identical in amount
and that meet all the requirements and criteria set forth in the invitation for bids pursuant to this
code.
(25)"Nonresident bidder" means a bidder that does not satisfy the criteria to be a
resident bidder.
(26)"Offeror" means any person that submits a proposal in response to a request for
proposals.
(27)"Person" means any business, individual, union, committee, club, other
organization, joint venture, or group of individuals.
(28)"Procurement" means buying, purchasing, renting, leasing, or otherwise acquiring
any supplies, services, or construction. "Procurement" includes all functions that pertain to the
obtaining of any supply, service, or construction, including description of requirements, selection
and solicitation of sources, preparation and award of contract, and all phases of contract
administration. "Procurement" also includes the procurement of information technology as
defined in section 24-37.5-102 (12).
(29)"Procurement agent" means any person duly authorized to enter into and administer
procurements and make written determinations with respect thereto. "Procurement agent"
includes an authorized representative acting within the limits of his or her authority.
(30)"Procurement official" means the individual of a purchasing agency with
purchasing authority created pursuant to section 24-102-202 (3) or 24-102-302 (2) or the
individual authorized to enter into contracts for capital construction or controlled maintenance
pursuant to section 24-30-1303 (5).
(31)Except as otherwise provided in section 24-103-1103 (13), "professional services"
means services of accountants, clergy, physicians, lawyers, and dentists and such other services
as may be procured through agents of those services, excluding those professional services as
defined in section 24-30-1402, as the executive director may by rule designate as professional
services.
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(32)"Public employee" means an individual drawing a salary from a governmental body
or a noncompensated individual performing personal services for a governmental body.
(33)"Public procurement unit" means either a local public procurement unit or a state
public procurement unit.
(34)"Purchase description" means the words used in a solicitation to describe the
supplies, services, or construction to be purchased, and includes specifications attached to, or
made a part of, the solicitation.
(35)"Purchasing agency" means any governmental body which is authorized to enter
into contracts by section 24-102-302 (1) by way of delegation from the executive director
pursuant to section 24-102-302 (2) or by the way of delegation from the executive director.
(36)"Request for proposals" means all documents, whether attached or incorporated by
reference, utilized for soliciting proposals. Request for proposals is the commonly used term for
soliciting competitive sealed proposals.
(37)"Resident bidder" means:
(a)A person that is authorized to transact business in Colorado and that maintains its
principal place of business in Colorado; or
(b)A person that:
(I)Is authorized to transact business in Colorado;
(II)Maintains a place of business in Colorado; and
(III)Has paid Colorado unemployment compensation taxes in at least six of the eight
quarters immediately prior to bidding on a construction contract for a public project.
(38)"Responsible" means the capability in all respects to perform fully the contract
requirements and the integrity and reliability that will assure good faith performance.
(39)"Responsive" means a bid or proposal that meets the specifications, acceptability
requirements, and terms and conditions of the solicitation and that uses the form prescribed by
the purchasing agency.
(40)"Rules" means state procurement rules and has the same meaning as provided in
section 24-4-102 (15).
(41)"Sealed" means a bid or proposal submitted in a manner that:
(a)Ensures that the contents of the bid, proposal, or best value bid cannot be opened or
viewed before the formal bid opening without leaving evidence that the document has been
opened or viewed;
(b)Ensures that the document cannot be changed, once received by the state, without
leaving evidence that the document has been changed;
(c)Bears a physical or electronic signature, as electronic signature is defined in the
"Uniform Electronic Transactions Act", section 24-71.3-102 (8), evincing an intent by the bidder
or offeror to be bound; and
(d)Records, manually or electronically, the date and time the bid or proposal is received
by the state and that cannot be altered without leaving evidence of the alteration.
(42)"Services" means the furnishing of labor, time, or effort by a contractor not
involving the delivery of a specific end product other than reports which are merely incidental to
the required performance. The term does not include professional services as defined in section
Sec. 24-30-1402.
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(43)"Solicitation" means all documents and related information, whether attached or
incorporated by reference, published on an electronic procurement system in connection with a
procurement prior to the response deadline.
(44)"Specification" means any description of the physical or functional characteristics
or of the nature of a supply, service, or construction item. It may include a description of any
requirement for inspecting, testing, or preparing a supply, service, or construction item for
delivery.
(45)"State public procurement unit" means the department of personnel or any other
purchasing agency of this state.
(46)"Statement of work" means a document that defines specific activities and
deliverables and their respective timelines, all of which form a contractual obligation upon the
vendor in providing services to the state.
(47)"Supplies" means all property, including but not limited to equipment, materials,
and insurance. The term does not include land, the purchase of an interest in land, water or
mineral rights, workers' compensation insurance, benefit insurance for state employees, or
property furnished in connection with public printing, as defined in section 24-70-201.
(48)"Using agency" means any governmental body of the state which utilizes any
supplies, services, or construction procured under this code.
Source: L. 81: Entire article added, p. 1261, § 1, effective January 1, 1982. L. 85: (1)
R&RE and (1.5) added, p. 873, §§ 1, 2, effective June 6. L. 90: (1.5) amended, p. 449, § 23,
effective April 18; (22) amended, p. 570, § 56, effective July 1. L. 93: (7) repealed, p. 1786, §
65, effective June 6. L. 95: (8), (9), and (21) amended, p. 661, § 91, effective July 1. L. 96: (17)
and (21) amended, p. 1533, § 98, effective June 1. L. 2003: (10.5) added, p. 1588, § 2, effective
May 2. L. 2004: (10) amended, p. 605, § 8, effective July 1. L. 2009: (10) amended, (SB 09-
089), ch. 440, p. 2434, § 2, effective June 4. L. 2010: (10) amended, (SB 10-111), ch. 170, p.
603, § 12, effective August 11. L. 2012: (10)(a) amended, (HB 12-1081), ch. 210, p. 907, § 15,
effective August 8. L. 2017: Entire section amended with relocated provisions, (HB 17-1051),
ch. 99, p. 302, § 6, effective August 9. L. 2020: (30) amended, (HB 20-1402), ch. 216, p. 1052, §
48, effective June 30. L. 2021: (28) amended, (HB 21-1236), ch. 211, p. 1116, § 19, effective
September 7. L. 2022: (31) amended, (SB 22-163), ch. 433, p. 3055, § 2, effective June 8. L.
2024: IP, (28), and (43) amended, (SB 24-204), ch. 306, p. 2069, § 1, effective August 7.
Editor's note: This section is similar to former §§ 24-103-101, 24-104-101, and 24-110-
101 as they existed prior to 2017. For a detailed comparison of this section, see the comparative
tables located in the back of the index.
Cross references: For the legislative declaration contained in the 1995 act amending
subsections (8), (9), and (21), see section 112 of chapter 167, Session Laws of Colorado 1995.
PART 4
PROCUREMENT RECORDS AND INFORMATION
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Sec. 24-101-401.
Public access to procurement information. (1) Except as provided in
section 24-103-201.5, proposals and bids shall be opened so as to avoid disclosure of the
contents of the proposal or bid to competing offerors during the review process. A register of
proposals and bids shall be prepared in accordance with rules and such procurement records
shall be open for public inspection after the award as provided in sections 24-72-203 and 24-72-
204. The executive director may promulgate rules to clarify the process for classifying
confidential or proprietary information in procurement records.
(2)(a) To the extent not prohibited by federal law, each contract entered into by a
governmental body pursuant to this code shall specify that the contract and performance
measures and standards under article 103.5 of this title are open to inspection by the public as
provided in sections 24-72-203 and 24-72-204.
(b)Repealed.
Source: L. 81: Entire article added, p. 1262, § 1, effective January 1, 1982. L. 2011:
Entire section amended, (SB 11-025), ch. 103, p. 324, § 2, effective July 1. L. 2013: (1)
amended, (HB 13-1300), ch. 316, p. 1686, § 67, effective August 7. L. 2017: (1) amended, (HB
17-1051), ch. 99, p. 307, § 7, effective August 9. L. 2020: (2)(b) repealed, (HB 20-1153), ch.
109, p. 440, § 6, effective June 16.
Cross references: (1) In 2011, section 24-101-401 was amended by the "Colorado
Taxpayer Empowerment Act of 2011". For the short title, see section 1 of chapter 103, Session
Laws of Colorado 2011.
(2)For the legislative declaration in HB 20-1153, see section 1 of chapter 109, Session
Laws of Colorado 2020.
Sec. 24-101-402.
Retention of procurement records. All procurement records shall be
retained and disposed of in accordance with records retention guidelines and schedules, as
provided in section 24-80-103.
Source: L. 81: Entire article added, p. 1262, § 1, effective January 1, 1982.
PART 5
PROCUREMENT CODE WORKING GROUP
Sec. 24-101-501.
(Repealed)
Editor's note: (1) This part 5 was added in 2016 and was not amended prior to its repeal
in 2017. For the text of this part 5, consult the 2016 Colorado Revised Statutes.
(2)Subsection (4) provided for the repeal of this part 5, effective July 1, 2017. (See L.
2016, p. 1273.)
ARTICLE 102
Procurement Organization
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PART 1
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PERSONNEL
Sec. 24-102-101.
Authority and duties of the executive director. Subject to the provisions
of part 2 of this article 102, the executive director of the department of personnel has the
authority and responsibility to promulgate rules, consistent with this code, governing the
procurement and disposal of any and all supplies, services, and construction to be procured by
the state, except for surplus state property as provided in section 17-24-106.6, and except as
provided in part 4 of article 82 of this title 24. The executive director shall consider and decide
matters of policy within the provisions of this code.
Source: L. 81: Entire article added, p. 1263, § 1, effective January 1, 1982. L. 86: Entire
section amended, p. 756, § 9, effective July 1, 1987. L. 87: Entire section amended, p. 984, § 6,
effective July 11. L. 96: Entire section amended, pp. 1510, 1533, §§ 31, 99, effective June 1. L.
2000: Entire section amended, p. 1864, § 85, effective August 2. L. 2002: Entire section
amended, p. 221, § 4, effective April 3. L. 2007: Entire section amended, p. 918, § 19, effective
May 17. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 308, § 8, effective August 9.
Editor's note: Amendments to this section by sections 31 and 99 of Senate Bill 96-228
were harmonized.
PART 2
PURCHASING
Sec. 24-102-201.
Purchasing.
(1)(Deleted by amendment, L. 96, p. 1510, § 32, effective June 1, 1996.)
(2)The powers, duties, and functions of the department of personnel include the powers,
duties, and functions concerning purchasing.
Source: L. 81: Entire article added, p. 1263, § 1, effective January 1, 1982. L. 95: Entire
section amended, p. 662, § 92, effective July 1. L. 96: Entire section amended, p. 1510, § 32,
effective June 1. L. 2022: (2) amended, (SB 22-162), ch. 469, p. 3421, § 200, effective August
10.
Cross references: (1) For the legislative declaration contained in the 1995 act amending
this section, see section 112 of chapter 167, Session Laws of Colorado 1995.
(2)For the short title (the "Debbie Haskins 'Administrative Organization Act of 1968'
Modernization Act") in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado
2022.
Sec. 24-102-202.
Authority of the executive director and chief procurement officer -
delegation of authority - rules. (1) Consistent with the provisions of this code, the executive
director may adopt operational procedures governing the internal functions of the department.
Colorado Revised Statutes 2024 Page 3029 of 3111 Uncertified Printout
(2)(a) The executive director may promulgate rules in accordance with the "State
Administrative Procedure Act", article 4 of this title 24, in furtherance of the administration of
this code.
(b)The executive director may delegate his or her authority to promulgate rules.
(c)No rule promulgated pursuant to this section shall change any commitment, right, or
obligation of the state or of a contractor under a contract in existence on the effective date of
such rule.
(3)Subject to rules, the executive director may delegate the executive director's
purchasing authority to designees or to any governmental body or elected official.
(4)Except as otherwise specifically provided in this code, the chief procurement officer
shall, pursuant to rules:
(a)Procure or supervise the procurement of all supplies and services needed by the state;
(b)Repealed.
(c)Establish and maintain programs for the inspection, testing, and acceptance of
supplies and services;
(d)Retain the right to examine each requisition submitted by a using agency and
approve, disapprove, or revise it as to quantity or quality;
(e)Develop and maintain programs and procedures to delegate purchasing authority in
order to conserve resources for management of the statewide purchasing system; and
(f)Develop programs to evaluate and reduce the administrative costs of the statewide
procurement function.
Source: L. 81: Entire article added, p. 1263, § 1, effective January 1, 1982. L. 86: (2)(b)
repealed, p. 757, § 13, effective July 1, 1987. L. 90: (2)(e) and (2)(f) added, p. 1307, § 2,
effective July 1. L. 96: (1) and IP(2) amended, p. 1511, § 33, effective June 1. L. 2017: Entire
section amended with relocated provisions, (HB 17-1051), ch. 99, p. 308, § 9, effective August
9. L. 2024: (3) amended, (SB 24-204), ch. 306, p. 2069, § 2, effective August 7.
Editor's note: This section is similar to former §§ 24-102-401 and 24-102-204 as they
existed prior to 2017. For a detailed comparison of this section, see the comparative tables
located in the back of the index.
Sec. 24-102-202.5.
Supplier database - fees - cash fund - program account. (1) The
executive director shall develop a centralized database that includes a listing of all businesses
which are interested in providing goods and services to the state. The businesses in the database
shall be identified by a registration number, and the executive director shall develop a procedure
for notifying the appropriate businesses whenever the state issues solicitations for goods or
services which a particular business provides. The database shall be accessible through the
department of personnel to all purchasing agencies designated pursuant to section 24-102-302
(2).
(2)(a) The executive director may require each business that wishes to be included in
the database created pursuant to subsection (1) of this section to pay a registration fee as
determined by the executive director. The executive director may set and collect such fees as are
necessary to cover the direct and indirect costs that are incurred in implementing the provisions
of this section. The revenue from such fees shall be transmitted to the state treasurer, who shall
Colorado Revised Statutes 2024 Page 3030 of 3111 Uncertified Printout
credit the same to the supplier database cash fund, which fund is hereby created. The general
assembly shall make appropriations from such fund as necessary to implement the provisions of
this section. All moneys not expended or encumbered and all interest earned on the investment
or deposit of the moneys in the fund shall remain in the fund and shall not revert to the general
fund or any other fund at the end of any fiscal year.
(b)(Deleted by amendment, L. 2009, (SB 09-099), ch. 420, p. 2336, § 1, effective June
4, 2009.)
(2.5)(a) The executive director shall develop and implement a statewide centralized
electronic procurement system to allow the utilization of technology to create a more efficient
delivery of state procurement services. The executive director may set and collect fees from
vendors with cooperative purchasing agreements and from local public procurement units that
are participating in the electronic procurement system, as necessary to cover the direct and
indirect costs of implementing and maintaining the electronic procurement system. In addition,
the executive director may collect moneys from cooperative purchasing organizations for
procurement support.
(b)(Deleted by amendment, L. 2017.)
(c)The revenue from the fees and any moneys collected from cooperative purchasing
organizations pursuant to subsection (2.5)(a) of this section shall be transmitted to the state
treasurer, who shall credit the same to the supplier database cash fund created in subsection
(2)(a) of this section.
(3)The provisions of this section shall not apply to contractors required to be approved
pursuant to the provisions of section 24-30-1303 (1)(q).
Source: L. 92: Entire section added, p. 1110, § 1, effective July 1. L. 95: (1) amended, p.
662, § 93, effective July 1. L. 96: (1) and (2) amended, p. 1511, § 34, effective June 1. L. 2003:
(2)amended, p. 458, § 17, effective March 5. L. 2009: (1) and (2)(b) amended and (2.5) added,
(SB 09-099), ch. 420, p. 2336, § 1, effective June 4. L. 2013: (2)(a) and (2.5) amended, (HB 13-
1184), ch. 75, p. 242, § 1, effective March 22. L. 2017: (1), (2)(a), and (2.5) amended, (HB 17-
1051), ch. 99, p. 309, § 10, effective August 9.
Cross references: For the legislative declaration contained in the 1995 act amending
subsection (1), see section 112 of chapter 167, Session Laws of Colorado 1995.
Sec. 24-102-203.
Special duties regarding state-owned motor vehicles. (Repealed)
Source: L. 81: Entire article added, p. 1263, § 1, effective January 1, 1982. L. 92: Entire
section repealed, p. 1007, § 6, effective July 1.
Sec. 24-102-204.
Delegation of purchasing authority by the executive director of the
department of personnel. (Repealed)
Source: L. 81: Entire article added, p. 1264, § 1, effective January 1, 1982. L. 96: Entire
section amended, p. 1533, § 100, effective June 1. L. 2017: Entire section repealed, (HB 17-
1051), ch. 99, p. 354, § 76, effective August 9.
Colorado Revised Statutes 2024 Page 3031 of 3111 Uncertified Printout
Editor's note: This section was relocated to § 24-102-202 in 2017.
Sec. 24-102-205.
Centralized contract management system - personal services contracts
- legislative declaration - definitions. (Repealed)
Source: L. 2007: Entire section added, p. 1232, § 1, effective August 3. L. 2010: (1)(b),
(1)(c), and (2) amended, (SB 10-003), ch. 391, p. 1852, § 31, effective June 9. L. 2017: (7)
repealed, (HB 17-1058), ch. 18, p. 61, § 11, effective March 8; entire section repealed, (HB 17-
1051), ch. 99, p. 354, § 76, effective August 9.
Editor's note: (1) This section was relocated to § 24-106-103 in 2017.
(2)Amendments to this section by HB 17-1051 and HB 17-1058 were harmonized.
Sec. 24-102-206.
Contract performance outside the United States or Colorado - notice -
penalty. (1) (a) Prior to contracting or as a requirement for the solicitation of any contract from
the state for services, as appropriate, any prospective vendor shall disclose in a written statement
of work whether it anticipates subcontracting any services under the contract, where such
subcontracted services will be performed under the contract, including any subcontracts, and
whether any subcontracted services under the contract or any subcontracts are anticipated to be
performed outside the United States or the state. If the prospective vendor anticipates services
under the contract or any subcontracts will be performed outside the United States or the state,
the vendor shall provide in its written statement of work a provision setting forth why it is
necessary or advantageous to go outside the United States or the state to perform the contract or
any subcontracts.
(b)Each contract entered into or renewed by a governmental body pursuant to this code
must contain a clause that requires the vendor to provide written notice to the governmental body
if the vendor decides, after the contract is awarded, to perform services under the contract
outside the United States or the state or to subcontract services under the contract to a
subcontractor that will perform such services outside the United States or the state. The contract
must specify that the vendor is required to provide such written notice no later than twenty days
from the time the vendor decides to perform services under the contract outside the United States
or the state or subcontracts services under the contract to a subcontractor that will perform such
services in a location outside the United States or the state.
(2)The written notification required by paragraphs (a) and (b) of subsection (1) of this
section must include, but need not be limited to, a statement of the type of services that will be
performed at a location outside the United States or the state and the reason why it is necessary
or advantageous to go outside the United States or the state to perform such services.
(3)A governmental body shall provide written notice to the department of personnel if it
awards a contract to a vendor that has provided written notice pursuant to paragraph (a) or (b) of
subsection (1) of this section that the vendor or the vendor's subcontractor will perform services
under the contract outside the United States or the state.
(4)If a vendor knowingly fails to notify the governmental body of any outsourced
services as specified in this section, the governmental body may, in the governmental body's
discretion, terminate the contract.
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(5)The executive director shall post any notice that a vendor provides to a governmental
body pursuant to this section on the official website of the department.
(6)[Editor's note: This version of subsection (6) is effective until July 1, 2025.]
Nothing in this section shall be construed to apply to any contract to which the state is a party
under medicare, the "Colorado Medical Assistance Act", articles 4 to 6 of title 25.5, C.R.S., the
"Children's Basic Health Plan Act", article 8 of title 25.5, C.R.S., or the "Colorado Indigent Care
Program", part 1 of article 3 of title 25.5, C.R.S.
(6)[Editor's note: This version of subsection (6) is effective July 1, 2025.] Nothing in
this section applies to any contract to which the state is a party under medicare, the "Colorado
Medical Assistance Act", articles 4 to 6 of title 25.5, or the "Children's Basic Health Plan Act",
article 8 of title 25.5.
(7)Nothing in this section applies to any project that receives federal moneys. In
addition, nothing in this section contravenes any existing treaty, law, agreement, or regulation of
the United States. Contracts entered into in accordance with any treaty, law, agreement, or
regulation of the United States do not violate this section to the extent of that accordance. The
requirements of this section are suspended if such requirements would contravene any treaty,
law, agreement, or regulation of the United States, or would cause denial of federal moneys or
preclude the ability to access federal moneys that would otherwise be available.
Source: L. 2007: Entire section added, p. 1237, § 1, effective August 3. L. 2013: Entire
section amended, (HB 13-1292), ch. 266, p. 1402, § 12, effective May 24. L. 2024: (6) amended,
(HB 24-1399), ch. 76, p. 255, § 16, effective July 1, 2025.
Cross references: In 2013, this section was amended by the "Keep Jobs in Colorado Act
of 2013". For the short title, see section 1 of chapter 266, Session Laws of Colorado 2013.
Sec. 24-102-206.5.
Contract performance outside the United States or Colorado - annual
report. (1) On January 1, 2014, and on each January 1 thereafter, a governmental body shall
submit an annual report to the general assembly if the governmental body entered into one or
more contracts with a vendor during the previous state fiscal year and received written notice
from one or more vendors pursuant to section 24-102-206 (1)(b) that the vendor or the vendor's
subcontractor would perform services under the contract outside the United States or the state.
(2)(a) The purpose of the report required in subsection (1) of this section is to notify
taxpayers and the general assembly regarding the use of United States and state tax dollars on
state contracts in which services under the contract are performed outside the United States or
the state. The governmental body shall provide information required in the report based on the
information that vendors submitted to the governmental body pursuant to section 24-102-206
during the previous state fiscal year.
(b)The report must separate data by state contract type and provide information
regarding the type and the percentage of the total services that were performed outside the
United States or the state by each vendor or a vendor's subcontractor under each state contract.
(c)The report required by subsection (1) of this section must also include a description
of any initiatives that the governmental body has taken to actively reduce the number of
contracts in which a vendor or vendor's subcontractor perform services under the contract
outside the United States or the state.
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(d)A governmental body that is required to submit a report pursuant to subsection (1) of
this section may include the report in its annual report to the general assembly required by the
"State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act".
Source: L. 2013: Entire section added, (HB 13-1292), ch. 266, p. 1404, § 13, effective
May 24.
Cross references: In 2013, this section was added by the "Keep Jobs in Colorado Act of
2013". For the short title, see section 1 of chapter 266, Session Laws of Colorado 2013.
Sec. 24-102-207.
Statewide procurement card agreement - definition. (1) The department
shall establish a statewide procurement card program. All governmental bodies that utilize a
procurement card shall participate in the statewide program. For purposes of this section,
"governmental body" has the same meaning as set forth in section 24-101-301 (18); except that,
for purposes of this section, "governmental body" also includes elected officials.
(2)Governmental bodies that are not subject to the "Procurement Code", articles 101 to
112 of this title 24, or the fiscal rules are subject to this section; except that, on and after
December 1, 2010, this section does not apply to an institution of higher education that has
elected to be excluded from the meaning of "governmental body" pursuant to section 24-101-301
(18).
(3)The statewide procurement card shall be considered an alternate method of payment
and shall not be considered a commitment voucher required by section 24-30-202 (1). Any
revenues resulting from the procurement card program shall be deposited as cash revenue in the
general fund and shall be subject to annual appropriation by the general assembly. Unless
otherwise directed by the general assembly, the state controller shall make adjustments
equivalent to such revenues in the form of a reduction of administrative costs allocated to
governmental bodies on a basis proportional to each governmental body's contribution to
statewide procurement card expenditures, as determined by the state controller, to ensure that the
federal government receives its share of procurement card revenues as required by federal
regulations and to ensure that the indirect obligations are funded. Institutions of higher education
that elect to be excluded from the meaning of "governmental body" pursuant to section 24-101-
301 (18) shall transfer money to the department of higher education or the Colorado commission
on higher education to the extent required to pay indirect cost assessments, as defined in section
24-75-112 (1)(f). For purposes of this subsection (3) the term "allocated" does not mean an
appropriation or cash transfer to any governmental body, but refers to an internal process within
the office of the state controller.
Source: L. 2010: Entire section added, (HB 10-1181), ch. 351, p. 1628, § 23, effective
June 7. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 310, § 11, effective August 9.
Sec. 24-102-208.
Software application contracts - generally available hardware - no
limitation. A contract for the licensing of software applications that are designed to run on
generally available desktop or server hardware shall not limit a governmental body's ability to
install or run the software on the hardware of the governmental body's choosing. This section
Colorado Revised Statutes 2024 Page 3034 of 3111 Uncertified Printout
applies to any contract or addendum for the licensing of software applications on or after June 8,
2022.
Source: L. 2022: Entire section added, (SB 22-191), ch. 481, p. 3503, § 3, effective June
8.
PART 3
ORGANIZATION OF PUBLIC PROCUREMENT
Sec. 24-102-301.
Centralization of procurement authority. Except as otherwise provided
in this part 3, all rights, powers, duties, and authority relating to the procurement of supplies,
services, and construction and the sale and disposal of supplies, services, and construction are
vested in the department of personnel except for the disposal of surplus state property as
provided in section 17-24-106.6, C.R.S., and except as provided in part 4 of article 82 of this
title.
Source: L. 81: Entire article added, p. 1264, § 1, effective January 1, 1982. L. 85: Entire
section amended, p. 875, § 10, effective June 6. L. 86: Entire section amended, p. 756, § 10,
effective July 1, 1987. L. 96: Entire section amended, p. 1533, § 101, effective June 1; entire
section amended, p. 1225, § 31, effective August 7. L. 2002: Entire section amended, p. 221, §
5, effective April 3. L. 2004: Entire section amended, p. 311, § 12, effective August 4.
Editor's note: Amendments to this section by Senate Bill 96-228 and House Bill 96-
1167 were harmonized.
Cross references: For the legislative declaration contained in the 1996 act amending this
section, see section 1 of chapter 237, Session Laws of Colorado 1996.
Sec. 24-102-302.
Purchasing agencies - establishment - authority. (1) Capital construction
and controlled maintenance, as defined and delegated to a procurement official by part 13 of
article 30 of this title 24, shall be procured by such procurement official as the appropriate
purchasing agency.
(2)If the executive director or his or her designee is of the opinion and so certifies in
writing that the needs of any governmental body are of such specialized nature and sufficient
volume to warrant a purchasing agency for such governmental body, he or she shall authorize the
creation of the same. All such purchasing agencies shall operate under the provisions of this
code and the rules promulgated pursuant thereto and shall be subject to the supervision and
control of the executive director. All such purchasing agencies shall operate under the provisions
of section 17-24-111 requiring the purchase of goods and services from the division of
correctional industries, and failure of any such purchasing agency to comply with such
requirement shall be cause for the executive director to suspend for a period of up to one year at
the discretion of the executive director the authority of a purchasing agency created pursuant to
this subsection (2) to purchase goods and services. The authority of a purchasing agency to
purchase goods and services may also be suspended at the discretion of the executive director.
Colorado Revised Statutes 2024 Page 3035 of 3111 Uncertified Printout
The financial and staff resources dedicated to the purchasing function in the affected agency
shall be under the authority of the department of personnel during the period of suspension, and
purchases made for the affected agency shall be in accordance with the requirements of section
17-24-111 (1).
(3)The procurement officials responsible for procuring the supplies, services, or
construction delegated to them by subsections (1) and (2) of this section shall conduct
procurements in accordance with the provisions of this code and its implementing rules. The
executive director may establish a standard supplier's form and a standard set of procedures that
each purchasing agency shall use in accepting the form and evaluating the supplier.
Source: L. 81: Entire article added, p. 1264, § 1, effective January 1, 1982. L. 84: (2)
amended, p. 527, § 2, effective May 2. L. 90: (2) amended, p. 1308, § 3, effective July 1. L. 92:
(3)amended, p. 1111, § 2, effective July 1. L. 95: (2) amended, p. 662, § 94, effective July 1. L.
96: (2) and (3) amended, p. 1534, § 102, effective June 1. L. 2017: Entire section amended, (HB
17-1051), ch. 99, p. 310, § 12, effective August 9.
Cross references: For the legislative declaration contained in the 1995 act amending
subsection (2), see section 112 of chapter 167, Session Laws of Colorado 1995.
PART 4
STATE PROCUREMENT RULES
Sec. 24-102-401.
State procurement rules. (Repealed)
Source: L. 81: Entire article added, p. 1265, § 1, effective January 1, 1982. L. 2017:
Entire section repealed, (HB 17-1051), ch. 99, p. 354, § 76, effective August 9.
Editor's note: This section was relocated to § 24-102-202 in 2017.
PART 5
COORDINATION
Sec. 24-102-501.
Collection of data concerning public procurement. All using agencies
shall furnish such reports as the chief procurement officer may require concerning usage, needs,
and stocks on hand, and the executive director shall have authority to prescribe forms to be used
by the using agencies in the requisitioning, ordering, and reporting of supplies, services, and
construction.
Source: L. 81: Entire article added, p. 1265, § 1, effective January 1, 1982. L. 96: Entire
section amended, p. 1535, § 103, effective June 1. L. 2017: Entire section amended, (HB 17-
1051), ch. 99, p. 311, § 13, effective August 9.
Sec. 24-102-502.
Procurement advisory council - sunset review. (Repealed)
Colorado Revised Statutes 2024 Page 3036 of 3111 Uncertified Printout
Source: L. 81: Entire article added, p. 1265, § 1, effective January 1, 1982. L. 86: Entire
section amended, p. 419, § 39, effective March 26. L. 90: Entire section repealed, p. 1308, § 5,
effective July 1.
ARTICLE 103
Source Selection and Contract Formation
PART 1
DEFINITIONS
Sec. 24-103-101.
Definitions. (Repealed)
Source: L. 81: Entire article added, p. 1265, § 1, effective January 1, 1982. L. 95: (3.5)
and (6) added, p. 27, § 3, effective July 1. L. 2017: Entire section repealed, (HB 17-1051), ch.
99, p. 354, § 76, effective August 9.
Editor's note: This section was relocated to § 24-101-301 in 2017.
PART 2
METHODS OF SOURCE SELECTION
Sec. 24-103-201.
Methods of source selection. (1) Unless otherwise authorized by law, all
state contracts shall be awarded as provided in:
(a)Section 24-103-202, concerning awards solicited by an invitation for bids;
(b)Section 24-103-203, concerning awards solicited by a request for proposals;
(c)Section 24-103-202.3, concerning awards solicited by an invitation for best value
bids;
(d)Section 24-103-204, concerning small purchases;
(e)Section 24-103-205, concerning sole source procurements;
(f)Section 24-103-206, concerning emergency procurements;
(g)Part 14 of article 30 of this title 24, concerning architect, engineer, landscape
architect, and land surveying services;
(h)Section 24-103-208, concerning other procurement methods; or
(i)Part 2 of article 38 of this title 24, concerning public-private initiatives.
Source: L. 81: Entire article added, p. 1266, § 1, effective January 1, 1982. L. 96:
(1)(a.5) added, p. 760, § 1, effective July 1. L. 2003: (1)(f) added, p. 1588, § 3, effective May 2.
L. 2010: (1)(g) added, (HB 10-1010), ch. 90, p. 309, § 3, effective August 11. L. 2017: Entire
section amended, (HB 17-1051), ch. 99, p. 311, § 14, effective August 9.
Sec. 24-103-201.5.
Market research - request for information. (1) A procurement official
may conduct market research prior to selecting a method of source selection pursuant to this part
Colorado Revised Statutes 2024 Page 3037 of 3111 Uncertified Printout
2. The executive director may promulgate rules in accordance with the "State Administrative
Procedure Act", article 4 of this title 24, to further define methods of conducting market
research.
(2)A request for information may be used as a method to obtain preliminary information
about a market or type of available service or product when there is not enough information
readily available to write an adequate specification or statement of work. A request for
information may ask for input from potential vendors to assist the state in preparing a
specification or statement of work for a subsequent solicitation and may ask for pricing
information only with the provision that such information would be submitted voluntarily. The
request for information must clearly state that no award will result from the request.
(3)When market research has been conducted, the governmental body is not obligated to
commit to a method of source selection and may determine that it will not pursue a procurement.
(4)All responses to requests for information are confidential until after an award based
on a subsequent solicitation has been made or until the procurement official determines that the
state will not pursue a solicitation based on the request for information. After such time, the
responses to a request for information shall be open to public inspection in accordance with the
provisions of the "Colorado Open Records Act", part 2 of article 72 of this title 24.
Source: L. 2017: Entire section added, (HB 17-1051), ch. 99, p. 312, § 15, effective
August 9.
Sec. 24-103-202.
Invitation for bids. (1) Contracts shall be solicited by an invitation for
bids except as otherwise provided in section 24-103-201.
(2)(a) An invitation for bids shall be issued and shall include a purchase description and
all contractual terms and conditions applicable to the procurement.
(b)Repealed.
(3)Adequate public notice of the invitation for bids shall be given a reasonable time, but
in the case of construction at least fourteen days, prior to the date set forth therein for the
opening of bids, pursuant to rules. Such notice may include publication in a newspaper of
general circulation.
(4)Bids shall be opened publicly in the presence of one or more witnesses at the time
and place designated in the invitation for bids. The amount of each bid and such other relevant
information as may be specified by rules, together with the name of each bidder, shall be entered
on a record, and the record shall be open to public inspection. After the time of the award, all
bids and bid documents shall be open to public inspection in accordance with the provisions of
sections 24-72-203 and 24-72-204.
(5)Bids shall be unconditionally accepted, except as authorized by subsection (7) of this
section. Bids shall be evaluated based on the requirements set forth in the invitation for bids,
which may include criteria to determine acceptability, such as inspection, testing, quality,
workmanship, delivery, and suitability for a particular purpose. Those criteria that will affect the
bid price and be considered in the evaluation for award shall be objectively measurable, such as
discounts, transportation costs, and total or life-cycle costs. No criteria may be used in the bid
evaluation that are not set forth in the invitation for bids.
(6)Withdrawal of inadvertently erroneous bids before the award may be permitted
pursuant to rules if the bidder submits proof of evidentiary value which clearly and convincingly
Colorado Revised Statutes 2024 Page 3038 of 3111 Uncertified Printout
demonstrates that an error was made. Except as otherwise provided by rules, all decisions to
permit the withdrawal of bids based on such bid mistakes shall be supported by a written
determination made by the chief procurement officer or the procurement official.
(7)The contract shall be awarded with reasonable promptness by written notice to the
low responsible bidder whose bid meets the requirements and criteria set forth in the invitation
for bids, except as otherwise provided for certain low tie bids under section 24-103-902. In the
event that all bids for a construction project exceed available funds, as certified by the
appropriate fiscal officer, the procurement official is authorized, in situations where time or
economic considerations preclude resolicitation of work of a reduced scope, to negotiate an
adjustment of the bid price with the low responsible bidder in order to bring the bid within the
amount of available funds; except that the functional specifications integral to completion of the
project may not be reduced in scope, taking into account the project plan, design and
specifications, and quality of materials.
(8)When it is considered impractical to initially prepare a purchase description to
support an award based on price, an invitation for bids may be issued requesting the submission
of unpriced offers to be followed by an invitation for bids limited to those bidders whose offers
have been qualified under the criteria set forth in the first solicitation.
(9)The provisions of subsections (4), (5), and (6) of this section shall also apply to
construction and shall be in addition to any other requirements for an invitation for bids for
construction as provided for in this title 24.
Source: L. 81: Entire article added, p. 1266, § 1, effective January 1, 1982. L. 95: (2)
and (7) amended, p. 27, § 4, effective July 1. L. 96: (6) amended, p. 1535, § 104, effective June
1. L. 2017: (1), (6), (7), and (9) amended and (2)(b) repealed, (HB 17-1051), ch. 99, p. 313, §
16, effective August 9.
Sec. 24-103-202.3.
Invitation for best value bids. (1) When, pursuant to rules, the chief
procurement officer or a procurement official determines in writing that the use of an invitation
for best value bids is advantageous to the state, a contract may be solicited by invitation for best
value bids.
(2)An invitation for best value bids shall be made in the same manner as provided in
section 24-103-202 (2), (3), and (4).
(3)(a) The chief procurement officer or procurement official may allow a bidder to
submit prices for enhancements, options, or alternatives to the base bid for a commodity or
service that will result in a product or service to the state having the best value at the lowest cost.
The invitation for best value bids must clearly state the purchase description of the commodity or
service being solicited and the types of enhancements, options, or alternatives that may be bid;
except that the functional specifications integral to the commodity or service may not be
reduced.
(b)Prices for enhancements, options, or alternatives to the bid may be evaluated by the
chief procurement officer or procurement official to determine whether the total of the bid price
and the prices for enhancements, options, or alternatives provide a contract with the best value at
the lowest cost to the state. This evaluation shall be made utilizing the rules of the executive
director of the department of personnel promulgated pursuant to subsection (3)(d) of this section.
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(c)A contract may be awarded to a bidder where the total amount of a bid price and the
prices for enhancements, options, or alternatives of the bidder exceed the total amount of the bid
price and the prices for enhancements, options, or alternatives of another bidder if it is
determined pursuant to subsection (3)(b) of this section that the higher total amount provides a
contract with the best value at the lowest cost to the state.
(d)The executive director of the department of personnel shall promulgate rules to be
utilized by the chief procurement officer or procurement official in making the evaluation
pursuant to subsection (3)(b) of this section. The rules shall provide:
(I)Criteria for objectively measuring prices for enhancements, options, or alternatives to
a bid, including relevant formulas or guidelines;
(II)Criteria for objectively determining whether the prices for enhancements, options, or
alternatives provide the best value at the lowest cost to the state.
(4)The contract shall be awarded with reasonable promptness by written notice to the
bidder whose bid provides for a contract with the best value at the lowest cost to the state.
Source: L. 96: Entire section added, p. 760, § 2, effective July 1. L. 2017: Entire section
amended, (HB 17-1051), ch. 99, p. 313, § 17, effective August 9.
Sec. 24-103-202.5.
Low tie bids - award procedure and determination - bid preference.
(Repealed)
Source: L. 95: Entire section added, p. 28, § 5, effective July 1. L. 2017: Entire section
repealed, (HB 17-1051), ch. 99, p. 354, § 76, effective August 9.
Editor's note: This section was relocated to § 24-103-902 in 2017.
Sec. 24-103-203.
Requests for proposals. (1) A contract may be entered into by requests for
proposals. Requests for proposals may be used for the procurement of professional services. The
executive director may provide by rule that it is neither practicable nor advantageous to the state
to procure specified types of supplies, services, or construction by an invitation for bids.
(2)Proposals shall be solicited through a request for proposals.
(3)Adequate public notice of the request for proposals shall be given in the same
manner as provided in section 24-103-202 (3).
(4)Repealed.
(5)The request for proposals shall state evaluation factors.
(6)As provided in the request for proposals and pursuant to rules, discussions may be
conducted with responsible offerors who submit proposals determined to be reasonably
susceptible of being selected for an award for the purpose of clarification to assure full
understanding of, and responsiveness to, the solicitation requirements. Offerors shall be
accorded fair and equal treatment with respect to any opportunity for discussion and revision of
proposals, and such revisions may be permitted after submissions and prior to award for the
purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure
of any information derived from proposals submitted by competing offerors.
(7)The award shall be made to the responsible offeror whose proposal is determined in
writing to be the most advantageous to the state, taking into consideration the price and the
Colorado Revised Statutes 2024 Page 3040 of 3111 Uncertified Printout
evaluation factors set forth in the request for proposals. No other factors or criteria shall be used
in the evaluation. The contract file shall contain the basis on which the award is made. No
property interest of any nature shall accrue until the contract is awarded and signed by both
parties.
(8)The procurement official, or his or her designee, shall negotiate, in the case of
procurement of professional services, with the highest qualified offerors and in that negotiation
shall take into account, in the following order of importance, the professional competence of the
offerors, the technical merits of the offers, and the price for which the services are to be
rendered.
Source: L. 81: Entire article added, p. 1267, § 1, effective January 1, 1982. L. 85: (7)
amended, p. 873, § 3, effective June 6. L. 96: (7) amended, p. 161, § 1, effective April 8; (1)
amended, p. 1535, § 105, effective June 1. L. 2017: (1), (7), and (8) amended and (4) repealed,
(HB 17-1051), ch. 99, p. 314, § 18, effective August 9.
Sec. 24-103-204.
Small purchases. Any procurement not exceeding the amount established
by rule may be made in accordance with small purchase procedures established by rules, but
procurement requirements shall not be artificially divided so as to constitute a small purchase
under this section.
Source: L. 81: Entire article added, p. 1268, § 1, effective January 1, 1982.
Sec. 24-103-205.
Sole source procurement. A contract may be awarded for a supply,
service, or construction item without competition when, under rules, the executive director, the
chief procurement officer, the procurement official, or a designee of any such officer determines
in writing that there is only one source for the required supply, service, or construction item.
Source: L. 81: Entire article added, p. 1268, § 1, effective January 1, 1982. L. 84: Entire
section amended, p. 127, § 3, effective May 2. L. 96: Entire section amended, p. 1535, § 106,
effective June 1. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 315, § 19, effective
August 9.
Sec. 24-103-206.
Emergency procurements. Notwithstanding any other provision of this
code, the executive director, the chief procurement officer, the procurement official, or a
designee of any such officer may make or authorize others to make emergency procurements
when there exists a threat to public health, welfare, or safety under emergency conditions, as
defined in rules, but such emergency procurements shall be made with such competition as is
practicable under the circumstances. A written determination of the basis for the emergency and
for the selection of the particular contractor shall be included in the contract file.
Source: L. 81: Entire article added, p. 1268, § 1, effective January 1, 1982. L. 96: Entire
section amended, p. 1536, § 107, effective June 1. L. 2017: Entire section amended, (HB 17-
1051), ch. 99, p. 315, § 20, effective August 9.
Colorado Revised Statutes 2024 Page 3041 of 3111 Uncertified Printout
Sec. 24-103-206.5.
Procurements funded with federal "American Recovery and
Reinvestment Act of 2009" moneys - waiver of "Procurement Code" requirements - repeal.
(Repealed)
Source: L. 2009: Entire section added, (SB 09-297), ch. 285, p. 1297, § 2, effective May
20.
Editor's note: Subsection (2) provided for the repeal of this section, effective July 1,
2013. (See L. 2009, p. 1297.)
Sec. 24-103-207.
State purchases of recycled paper and recycled products. (Repealed)
Source: L. 90: Entire section added, p. 464, § 2, effective July 1. L. 93: (5) and (6)
added, p. 2132, § 5, effective June 12. L. 96: (1), (2), and IP(5) amended, p. 1536, § 108,
effective June 1. L. 98: (1) amended, p. 825, § 38, effective August 5. L. 2017: Entire section
repealed, (HB 17-1051), ch. 99, p. 354, § 76, effective August 9.
Editor's note: This section was relocated to § 24-103-903 in 2017.
Sec. 24-103-207.5.
Purchasing preference for environmentally preferable products -
definitions. (Repealed)
Source: L. 2007: Entire section added, p. 614, § 1, effective August 3. L. 2008: Entire
section amended, p. 575, § 1, effective August 5. L. 2017: Entire section repealed, (HB 17-
1051), ch. 99, p. 354, § 76, effective August 9.
Editor's note: This section was relocated to § 24-103-904 in 2017.
Sec. 24-103-208.
Other procurement methods. The executive director may establish, by
rule, other competitive procurement methods that are deemed to be in the best interest of the
state and that are consistent with the provisions of section 24-101-102, including, but not limited
to, reverse auctions. For the 2004-05 fiscal year and every other fiscal year thereafter, the state
auditor shall review the competitive procurement methods established pursuant to this section.
Source: L. 2003: Entire section added, p. 1588, § 4, effective May 2.
Sec. 24-103-209.
Purchase of compost by governmental bodies - definitions. (Repealed)
Source: L. 2008: Entire section added, p. 362, § 1, effective January 1, 2009. L. 2017:
Entire section repealed, (HB 17-1051), ch. 99, p. 354, § 76, effective August 9.
Editor's note: This section was relocated to § 24-104-208 in 2017.
Sec. 24-103-210.
Use of foreign-produced goods - iron, steel, and related manufactured
products - disclosure - report - definitions. (Repealed)
Colorado Revised Statutes 2024 Page 3042 of 3111 Uncertified Printout
Source: L. 2013: Entire section added, (HB 13-1292), ch. 266, p. 1404, § 14, effective
May 24. L. 2014: (1) amended, (HB 14-1387), ch. 378, p. 1852, § 63, effective June 6. L. 2017:
Entire section repealed, (HB 17-1051), ch. 99, p. 354, § 76, effective August 9.
Editor's note: This section was relocated to § 24-103-910 in 2017.
Sec. 24-103-211.
Service-disabled veteran owned small businesses - state procurement
set aside - definitions. (Repealed)
Source: L. 2014: Entire section added, (HB 14-1224), ch. 60, p. 276, § 1, effective
March 21. L. 2017: Entire section repealed, (HB 17-1051), ch. 99, p. 354, § 76, effective August
9.
Editor's note: This section was relocated to § 24-103-905 in 2017.
PART 3
CANCELLATION OF INVITATIONS FOR
BIDS OR REQUESTS FOR PROPOSALS
Sec. 24-103-301.
Cancellation of invitations for bids or requests for proposals. An
invitation for bids, a request for proposals, or any other solicitation may be canceled or any or all
bids or proposals may be rejected in whole or in part at any time before a contract is executed
when it is in the best interests of the state pursuant to rules. The reasons therefor shall be made
part of the contract file but shall remain confidential and shall not be subject to the provisions of
the "Colorado Open Records Act", part 2 of article 72 of this title 24, for the lesser of six months
or until the contract at issue is awarded.
Source: L. 81: Entire article added, p. 1269, § 1, effective January 1, 1982. L. 2017:
Entire section amended, (HB 17-1051), ch. 99, p. 316, § 21, effective August 9.
PART 4
QUALIFICATIONS AND DUTIES
Sec. 24-103-401.
Responsibility of bidders and offerors. (1) A written determination of
nonresponsibility of a bidder or offeror shall be made pursuant to rules. The unreasonable failure
of a bidder or offeror to promptly supply information in connection with an inquiry with respect
to responsibility may be grounds for a determination of nonresponsibility with respect to such
bidder or offeror.
(2)Information furnished by a bidder or offeror pursuant to this section shall not be
disclosed outside of the department of personnel or the purchasing agency without prior written
consent by the bidder or offeror.
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Source: L. 81: Entire article added, p. 1269, § 1, effective January 1, 1982. L. 96: (2)
amended, p. 1536, § 109, effective June 1.
Sec. 24-103-402.
Prequalification of suppliers. Prospective suppliers may be prequalified
for particular types of supplies, services, and construction, and the method of compiling and
soliciting from lists of potential contractors may be used pursuant to rules.
Source: L. 81: Entire article added, p. 1269, § 1, effective January 1, 1982. L. 2017:
Entire section amended, (HB 17-1051), ch. 99, p. 316, § 22, effective August 9. L. 2024: Entire
section amended, (SB 24-204), ch. 306, p. 2070, § 3, effective August 7.
Sec. 24-103-403.
Cost or pricing data. (1) A contractor shall, except as provided in
subsection (3) of this section, submit cost or pricing data and shall certify that, to the best of his
or her knowledge and belief, the cost or pricing data submitted was accurate, complete, and
current as of a mutually determined specified date prior to the date of:
(a)The pricing of any contract awarded by requests for proposals as specified in section
24-103-203, or pursuant to the sole source procurement authority as specified in section 24-103-
205, where the total contract price is expected to exceed an amount established by rule; or
(b)The pricing of any contract modification which is expected to exceed an amount
established by rule.
(2)Repealed.
(3)The requirements of this section need not be applied to any contract in which:
(a)The contract price is based on adequate price competition;
(b)The contract price is based on established catalog prices or market prices;
(c)The contract price is set by law or rule; or
(d)It is determined in writing, pursuant to rules, that the requirements of this section
may be waived and the reasons for such waiver are stated in writing.
Source: L. 81: Entire article added, p. 1269, § 1, effective January 1, 1982. L. 2017: (1)
and (3)(b) amended and (2) repealed, (HB 17-1051), ch. 99, p. 316, § 23, effective August 9.
Sec. 24-103-404.
Motor carriers. (Repealed)
Source: L. 2007: Entire section added, p. 858, § 3, effective July 1. L. 2017: Entire
section repealed, (SB 17-1051), ch. 99, p. 354, § 77, effective August 9.
PART 5
TYPES OF CONTRACTS
Sec. 24-103-501.
Types of contracts. (Repealed)
Source: L. 81: Entire article added, p. 1270, § 1, effective January 1, 1982. L. 2017:
Entire section repealed, (HB 17-1051), ch. 99, p. 354, § 76, effective August 9.
Colorado Revised Statutes 2024 Page 3044 of 3111 Uncertified Printout
Editor's note: This section was relocated to § 24-106-104 in 2017.
Sec. 24-103-502.
Approval of accounting system. (Repealed)
Source: L. 81: Entire article added, p. 1270, § 1, effective January 1, 1982. L. 96: Entire
section repealed, p. 1537, § 110, effective June 1. L. 2017: Entire section repealed, (HB 17-
1051), ch. 99, p. 354, § 77, effective August 9.
Sec. 24-103-503.
Multiyear contracts. (Repealed)
Source: L. 81: Entire article added, p. 1270, § 1, effective January 1, 1982. L. 90: (1)
amended, p. 1308, § 4, effective July 1. L. 2017: Entire section repealed, (HB 17-1051), ch. 99,
p. 354, § 76, effective August 9.
Editor's note: This section was relocated to § 24-106-105 in 2017.
PART 6
AUDIT OF RECORDS
Sec. 24-103-601.
Right to audit records. (Repealed)
Source: L. 81: Entire article added, p. 1271, § 1, effective January 1, 1982. L. 2007:
Entire section amended, p. 1237, § 2, effective August 3. L. 2017: Entire section repealed, (HB
17-1051), ch. 99, p. 354, § 76, effective August 9.
Editor's note: This section was relocated to § 24-106-106 in 2017.
PART 7
DETERMINATIONS AND REPORTS
Sec. 24-103-701.
Finality of determinations. The determinations required by this code are
final and conclusive unless they are clearly erroneous, arbitrary, capricious, or contrary to law.
Source: L. 81: Entire article added, p. 1271, § 1, effective January 1, 1982. L. 2017:
Entire section amended, (HB 17-1051), ch. 99, p. 317, § 24, effective August 9.
Sec. 24-103-702.
Reporting of anticompetitive practices. When for any reason collusion or
other anticompetitive practices are suspected among any bidders or offerors, a notice of the
relevant facts shall be transmitted to the attorney general.
Source: L. 81: Entire article added, p. 1271, § 1, effective January 1, 1982.
PART 8
Colorado Revised Statutes 2024 Page 3045 of 3111 Uncertified Printout
SET ASIDES IN STATE PROCUREMENT
FOR ALL PERSONS WITH SEVERE DISABILITIES
Sec. 24-103-801.
Legislative declaration. (1) The general assembly hereby finds and
declares that:
(a)It is in the best interest of the state to enhance the dignity and capacity for self-
support of all persons with severe disabilities and to minimize their dependence on government
programs for their basic needs; and
(b)It benefits the state as well as all persons with severe disabilities to encourage and
assist all persons with severe disabilities to achieve maximum personal independence through
useful and productive gainful employment by identifying a market for the services that they can
offer.
(2)The general assembly further finds and declares that the purpose of this part 8 is to
create a set aside program for nonprofit agencies that employ any persons with severe disabilities
and to allow nonprofit agencies to bid on certain types of services solicitations. In furtherance of
this purpose, the general assembly recognizes that it is in the best interests of all persons with
severe disabilities that the employment options created pursuant to this part 8 expand the
opportunities for all persons with severe disabilities to work in integrated employment settings.
Source: L. 2008: Entire part added, p. 2190, § 1, effective August 5.
Sec. 24-103-802.
Definitions. As used in this part 8, unless the context otherwise requires:
(1)"Bundling" means a state agency consolidating two or more solicitations for services
previously provided or performed under separate smaller contracts into a single solicitation that
is likely to be unsuitable for award to a nonprofit agency due to any of the following:
(a)The diversity, size, or specialized nature of the elements of the required services;
(b)The aggregate dollar value of the anticipated award; or
(c)The geographical dispersion of the contract performance sites.
(2)"Department" means the department of human services.
(3)"Nonprofit agency" means a private nonprofit organization established under the
laws of the United States or this state that is operated in this state in the interest of persons with
severe disabilities or that specializes in services for persons with severe disabilities, the net
income of which does not benefit in whole or in part any shareholder or officer.
(4)"Self-certified vendor" means a nonprofit agency that has applied and been approved
by the department to bid on certain services solicitations pursuant to this part 8.
(5)"Services solicitation" means a solicitation by a state agency for the furnishing of
labor, time, or effort by a contractor not involving the delivery of a specific end product other
than products that are merely incidental to the required performance.
(6)"Severe disability" means one or more physical or mental disabilities that constitute a
substantial impairment to employment and that are of such a nature as to require multiple
vocational rehabilitation services over an extended period.
(7)"State agency" means any state office, department, commission, institution, or
bureau, or any agency, division, or unit within a department or office. Notwithstanding the
provisions of section 24-101-105, "state agency" shall include each institution of higher
education and the Colorado commission on higher education. "State agency" shall not include
Colorado Revised Statutes 2024 Page 3046 of 3111 Uncertified Printout
any municipality, county, school district, special district, or any other local government in the
state.
Source: L. 2008: Entire part added, p. 2191, § 1, effective August 5. L. 2011: (3)
amended, (HB 11-1030), ch. 34, p. 95, § 1, effective August 10.
Sec. 24-103-803.
Nonprofit agencies - self-certified vendor list - creation. (1) Any
nonprofit agency that is interested in performing state services and that would like to bid on
solicitations for such services through the set aside program created in this part 8 shall first apply
to the department, in a manner to be determined by the department, to become a self-certified
vendor pursuant to this section.
(2)The department shall accept applications from any nonprofit agency that seeks to
become a self-certified vendor to bid on certain services solicitations. In order for a nonprofit
agency to become a self-certified vendor, the nonprofit agency shall certify that:
(a)The nonprofit agency is an independent tax-exempt charitable or social welfare
organization operating under section 501 (c)(3) of the federal "Internal Revenue Code of 1986",
as amended, and is operating in Colorado;
(b)Repealed.
(c)The nonprofit agency satisfies the statutory requirements to be eligible to bid on a
state services solicitation pursuant to section 24-103-401 and any rules promulgated by the
department of personnel in furtherance of said section;
(d)The nonprofit agency would be capable of hiring and would employ people to
perform any service for which the nonprofit agency bids, and that of those people employed a
total of seventy-five percent would be persons with severe disabilities and a minimum of twenty
percent would be persons with severe disabilities who have developmental disabilities as defined
in section 25.5-10-202, C.R.S.; and
(e)Any other criteria consistent with the purposes of this part 8 that are deemed
necessary by the department.
(3)The department shall create and maintain a list of all nonprofit agencies that have
attained self-certified vendor status and shall make the list available to the department of
personnel pursuant to rules promulgated by the executive director.
(4)A nonprofit agency's self-certified vendor status is valid for up to five years after the
date that the nonprofit agency's self-certification application was approved. A nonprofit agency
is required to reapply to the department, at a time and in a manner determined by the department,
for self-certified vendor status to be eligible to respond to a set aside solicitation pursuant to this
part 8.
(5)(a) Nothing in this part 8 shall be construed to require a nonprofit agency that seeks
to respond to services solicitations to become a self-certified vendor; except that a nonprofit
agency shall not be eligible to bid for a set aside solicitation pursuant to this part 8 unless the
nonprofit agency is self-certified pursuant to this section.
(b)Nothing in this part 8 shall be construed to prevent a nonprofit agency from bidding
on any state agency solicitation that is not a set aside solicitation pursuant to this part 8.
Source: L. 2008: Entire part added, p. 2192, § 1, effective August 5. L. 2011: (2)(a)
amended, (HB 11-1030), ch. 34, p. 95, § 2, effective August 10. L. 2013: (2)(d) amended, (HB
Colorado Revised Statutes 2024 Page 3047 of 3111 Uncertified Printout
13-1314), ch. 323, p. 1805, § 35, effective March 1, 2014. L. 2017: (2)(b) repealed and (3) and
(4)amended, (HB 17-1051), ch. 99, p. 317, § 25, effective August 9.
Sec. 24-103-804.
Services solicitations - categorical identification. (1) (a) The department
of personnel shall publish a list of the services that state agencies seek through services
solicitations and shall make the list available to nonprofit agencies on an annual basis. The
executive director shall promulgate rules regarding the process for review, determinations, and
publication of a list that shall be referred to as the services set aside list.
(b)(Deleted by amendment, L. 2017.)
(2)and (3) (Deleted by amendment, L. 2017.)
Source: L. 2008: Entire part added, p. 2193, § 1, effective August 5. L. 2017: Entire
section amended, (HB 17-1051), ch. 99, p. 317, § 26, effective August 9.
Sec. 24-103-805.
Contract set asides - bid process created by department of personnel -
obligation of state agencies - rules. (1) (a) Any state agency that intends to solicit bids for a
service that is included on the services set aside list created pursuant to section 24-103-804 shall
first solicit bids from self-certified vendors for such service and shall follow the procedures
specified in rules promulgated by the executive director.
(b)If two or more self-certified vendors bid on the solicitation for the services, the
procurement official shall award a contract to one of the self-certified vendors based on which
acceptable response is most advantageous to the state taking into consideration factors other than
price alone.
(c)If one self-certified vendor bids on the solicitation for the services, the procurement
official shall award a contract to the self-certified vendor and shall ensure that the contract is
awarded at a fair and reasonable price of up to fifteen percent above the fair market value of the
services, subject to available appropriations.
(d)If the state agency does not receive a bid from any self-certified vendor for the
services, the state agency is permitted to procure the services through other approved
procurement methods and shall not be subject to the requirements of this part 8 for that specific
solicitation.
(2)The department of personnel shall, within one hundred eighty days after August 5,
2008, establish a process whereby any state agency that intends to solicit bids for a service that is
included on the services set aside list created pursuant to section 24-103-804 may solicit bids
solely from self-certified vendors.
(3)Any state agency that has awarded a solicitation for services to a self-certified vendor
pursuant to paragraph (a) or (b) of subsection (1) of this section shall, before the expiration of
the term of the contract, renegotiate a fair and reasonable price for the services with the self-
certified vendor that has performed the services for the state agency. The state agency is not
permitted to solicit new bids for the services performed by the self-certified vendor unless one of
the following occurs:
(a)The nonprofit agency that is the self-certified vendor no longer wishes to perform the
services for the state agency;
(b)The state agency decides to perform the services internally and hires employees who
will be employees of the state to perform the services;
Colorado Revised Statutes 2024 Page 3048 of 3111 Uncertified Printout
(c)The state agency no longer needs the service that was provided by the self-certified
vendor; or
(d)The self-certified vendor has not met the requirements for the services offered.
(4)Any state agency that is required to solicit bids for a service that is included on the
services set aside list is prohibited from bundling the service with one or more other services not
included on the services set aside list before soliciting bids from self-certified vendors pursuant
to this section. If the state agency has not received a bid from any self-certified vendor and is
therefore authorized to procure the services through other approved procurement methods, the
bundling prohibition shall no longer apply to the state agency for that specific solicitation for
services.
(5)The department of personnel may promulgate rules to implement the requirements of
this section pursuant to section 24-102-101. Such rules shall be promulgated in accordance with
the provisions of article 4 of this title 24.
(6)Any self-certified vendor that has been awarded a solicitation for services by a state
agency pursuant to this part 8 shall report to the chief procurement officer regarding the progress
of the award and the contract in a manner and frequency to be determined by the chief
procurement officer. The vendor shall include in the report the percentage of the total contract
price that it will spend on the salary or wages of the employees hired to perform the services
solicitation, not including the salary or wages for administrative staff or employees.
(7)Any self-certified vendor pursuant to this part 8 must maintain the requirements to be
a self-certified vendor pursuant to section 24-103-803 (2) for the duration of the services set
aside list and for the entire term of any contract resulting from the services set aside list.
Source: L. 2008: Entire part added, p. 2193, § 1, effective August 5. L. 2011: (7) added,
(HB 11-1030), ch. 34, p. 96, § 3, effective August 10. L. 2017: (1), (5), (6), and (7) amended,
(HB 17-1051), ch. 99, p. 318, § 27, effective August 9.
Sec. 24-103-806.
Compliance with state and federal laws. Any self-certified vendor that is
awarded a solicitation for services pursuant to this part 8 is required to comply with state and
federal laws regarding employee compensation, employee protections, workers' compensation,
and workplace safety.
Source: L. 2008: Entire part added, p. 2195, § 1, effective August 5.
Sec. 24-103-807.
Additional requirements. (Repealed)
Source: L. 2008: Entire part added, p. 2195, § 1, effective August 5. L. 2017: Entire
section repealed, (HB 17-1051), ch. 99, p. 354, § 77, effective August 9.
PART 9
PROCUREMENT PREFERENCES AND GOALS
Sec. 24-103-901.
Procurement preferences and goals. The procurement preferences and
goals specified in this part 9 apply to the award of contracts under this code.
Colorado Revised Statutes 2024 Page 3049 of 3111 Uncertified Printout
Source: L. 2017: Entire part added with relocated provisions, (HB 17-1051), ch. 99, p.
319, § 28, effective August 9.
Sec. 24-103-902.
Low tie bids - award procedure and determination - bid preference. (1)
If low tie bids are received in response to an invitation for bids for a supply contract, the
following procedures are required:
(a)If the low tie bids are from a resident bidder and a nonresident bidder, the resident
bidder shall be given preference over the nonresident bidder;
(b)If the low tie bids are from resident bidders, the procurement agent shall:
(I)Use a fair and reasonable procedure for determining which bidder receives the
contract award that at a minimum provides for the presence, at the time and place the
determination is made, of the bidders or the bidders' representatives and an impartial witness
designated by the procurement agent who is not an employee of that procurement agent's
agency; and
(II)Give the bidders at least five business days' written notice by certified mail of the
date the determination will be made, of the procedure for making the determination, and that the
bidders or the bidders' representatives may be present when the determination is made;
(c)If the low tie bids are only from nonresident bidders, the procurement agent shall
follow the procedures in subsections (1)(b)(I) and (1)(b)(II) of this section;
(d)All other applicable provisions of the code that are not inconsistent with this section
shall be followed.
(2)If the procurement agent determines that compliance with this section will cause
denial of federal moneys that would otherwise be available or would otherwise be inconsistent
with federal law, this section shall be suspended, but only to the extent necessary to prevent
denial of the moneys or to eliminate the inconsistency with federal law.
Source: L. 2017: Entire part added with relocated provisions, (HB 17-1051), ch. 99, p.
319, § 28, effective August 9.
Editor's note: This section is similar to former § 24-103-202.5 as it existed prior to
2017. For a detailed comparison of this section, see the comparative tables located in the back of
the index.
Sec. 24-103-903.
State purchases of recycled paper and recycled products - definitions.
(1)When purchasing paper and paper products, any procurement agent shall, whenever the price
is competitive and the quality adequate for the purpose intended, purchase recycled paper, as
defined in section 13-1-133 (4)(d).
(2)For the fiscal year 1990-91, the executive director shall establish as a goal that at
least ten percent of the total volume of paper and paper products purchased by the state shall
contain recycled paper. The goal shall increase to twenty percent for the fiscal year 1991-92, to
thirty percent for the fiscal year 1992-93, to forty percent for the fiscal year 1993-94, and to fifty
percent for the fiscal year 1994-95, and for each fiscal year thereafter.
(3)Each agency using recycled paper may print the notation "printed on recycled stock"
on any paper or paper product which has been certified by the division as recycled paper.
Colorado Revised Statutes 2024 Page 3050 of 3111 Uncertified Printout
(4)For purposes of this section, "paper and paper products" means paper items,
including but not limited to paper napkins, towels, corrugated and other cardboard, toilet tissue,
high-grade office paper, newsprint, offset paper, bond paper, xerographic bond paper, mimeo
paper, and duplicator paper.
(5)When purchasing any product with public funds, any procurement agent shall be
authorized to purchase products or materials with recycled content, that have been source-
reduced, that are reusable, or that have been composted, unless one or more of the following
conditions exist:
(a)The product is not available within a reasonable period of time;
(b)The product fails to meet existing purchasing rules, including specifications; or
(c)The product fails to meet federal or state health or safety standards, as set forth in the
code of federal regulations or the Colorado code of regulations.
(6)In addition to the requirements set forth in subsections (1), (2), and (5) of this
section, the procurement agent shall be authorized to purchase, when cost-efficient and
economically feasible, equipment that results in the reduction of paper usage.
Source: L. 2017: Entire part added with relocated provisions, (HB 17-1051), ch. 99, p.
320, § 28, effective August 9.
Editor's note: This section is similar to former § 24-103-207 as it existed prior to 2017.
For a detailed comparison of this section, see the comparative tables located in the back of the
index.
Sec. 24-103-904.
Purchasing preference for environmentally preferable products -
definitions. (1) As used in this section, unless the context otherwise requires:
(a)"Environmentally preferable products" means products, including products that do
not contain intentionally added PFAS chemicals, that have a lesser or reduced adverse effect on
human health and the environment when compared with competing products that serve the same
purpose. The product comparison may consider such factors as the availability of any raw
materials used in the product being purchased and the availability, use, production, safe
operation, maintenance, packaging, distribution, disposal, or recyclability of the product being
purchased.
(b)"Intentionally added PFAS chemicals" has the meaning set forth in section 25-15-
603 (12).
(2)All invitations for bids for products shall include language that describes the
availability of the purchasing preference for environmental products. In connection with the
purchase of products, a governmental body shall award the contract to a bidder who offers
environmentally preferable products subject to the conditions specified in subsection (3) of this
section unless the specifications used in the solicitation contain environmentally preferable
product criteria. This preference does not apply to the purchase of services, including
construction services.
(3)The preference specified in subsection (2) of this section shall apply only if all of the
following conditions are met and selecting an environmentally preferable product would not
otherwise be disadvantageous to the state upon consideration of these conditions, singly or in
combination:
Colorado Revised Statutes 2024 Page 3051 of 3111 Uncertified Printout
(a)The quality of the environmentally preferable products meets the specification of the
bid.
(b)The environmentally preferable products are suitable for the use required by the
purchasing entity.
(c)Any bidder able to offer environmentally preferable products is able to supply such
products in sufficient quantity, as indicated in the invitation for bids.
(d)The bid price for environmentally preferable products does not exceed the lowest bid
price for products that are not environmentally preferable by more than five percent.
(e)The head of the governmental body or other official charged by law with the duty to
purchase products has made a determination that the governmental body is able to purchase the
environmentally preferable products out of the governmental body's existing budget without any
further supplemental or additional appropriation.
(4)If the bid price for environmentally preferable products exceeds the bid price for
products that are not environmentally preferable by more than five percent, a governmental body
may award the contract to a bidder who offers environmentally preferable products where the
governmental body demonstrates, on the basis of assessments such as the costs of ownership and
a life-cycle analysis, that long-term savings to the state will result from environmentally
preferable purchasing in accordance with the requirements of this section. Nothing in this section
shall require that a governmental body perform an analysis of the costs of ownership or a life-
cycle analysis in connection with the purchase of any products.
(5)(a) Any bidder that seeks to qualify for the preference created by subsection (2) of
this section shall provide documentation to the governmental body inviting the bid that the
products offered by the bidder are environmentally preferable. This requirement may be satisfied
by submission of any of the following:
(I)A life-cycle analysis conducted on the applicable product that has been conducted in
accordance with applicable standards as determined by the purchasing governmental body or by
the international organization for standardization or any successor organization;
(II)A reference to an existing environmentally preferable product list maintained by a
state or the federal government that contains the product; or
(III)A reference to a nationally recognized third-party certification entity that has
certified the product as environmentally preferable on the basis of a valid life-cycle analysis. The
governor's energy office or successor office shall maintain a list of certification entities.
(b)The governmental body may rely in good faith on any form of documentation that
satisfies the requirement of subsection (5)(a) of this section.
(c)Notwithstanding any other provision of this section, if none of the forms of
documentation specified in subsection (5)(a) of this section apply to the product being
purchased, the requirements of this section shall not apply to the purchase of the product.
(6)In connection with any cost of ownership analysis or life-cycle analysis undertaken
in connection with any purchase under this section of a product that involves the replacement of
existing electrical, natural gas, or steam service, the cost analysis shall consider any stranded
utility costs.
Source: L. 2017: Entire part added with relocated provisions, (HB 17-1051), ch. 99, p.
321, § 28, effective August 9. L. 2022: (1) amended, (HB 22-1345), ch. 338, p. 2433, § 2,
effective June 3.
Colorado Revised Statutes 2024 Page 3052 of 3111 Uncertified Printout
Editor's note: This section is similar to former § 24-103-207.5 as it existed prior to
2017. For a detailed comparison of this section, see the comparative tables located in the back of
the index.
Sec. 24-103-905.
Service-disabled veteran-owned small businesses - state procurement
preference - definitions. (1) As used in this section, unless the context otherwise requires:
(a)"Service-disabled veteran-owned small business" means a business that is:
(I)Incorporated or organized in the state or that is maintaining a place of business or
office in the state; and
(II)Officially registered and verified as a service-disabled veteran-owned small business
by the center for verification and evaluation within the appropriate United States agency.
(b)"State agency" means a principal department of the executive branch of state
government as specified in section 24-1-110, including any division, office, agency, or other unit
created within a principal department, including institutions of higher education and the
Colorado commission on higher education; except that "state agency" does not include those
entities that have elected to be exempt from the code pursuant to section 24-101-105 (1)(b).
(2)In awarding all contracts that are subject to this code, the state shall have the goal of
awarding at least three percent of all such contracts, by dollar value, to service-disabled veteran-
owned small businesses. To satisfy this goal, a state agency may grant a preference for service-
disabled veteran-owned small businesses.
(3)When a state agency intends to award a contract to a business in furtherance of the
three percent goal specified in subsection (2) of this section, the state agency shall, prior to
awarding the contract, require the business to submit to the agency documentation from the
appropriate United States agency that verifies that the business is a service-disabled veteran-
owned small business.
(4)On or before September 30, 2015, and on or before September 30 each year
thereafter, the executive director shall submit a report regarding the state's progress in satisfying
the three percent goal established in this section to the department of military and veterans
affairs, the members of the Colorado board of veterans affairs, and to the members of the
committees of the house of representatives and the senate that have jurisdiction over state affairs
and veterans affairs. The report shall include the following:
(a)The total number of contracts that all state agencies awarded to service-disabled
veteran-owned small businesses in the prior fiscal year and the number of such contracts that
each state agency awarded;
(b)The total dollar amount of contracts that all state agencies awarded to service-
disabled veteran-owned small businesses in the prior fiscal year and the percentage that such
dollar amount bears to the total dollar amount of contracts awarded by all state agencies in the
prior fiscal year; and
(c)The total dollar amount of contracts that each state agency awarded to service-
disabled veteran owned small businesses in the prior fiscal year and the percentage that such
dollar amount bears to the total dollar amount of contracts awarded by the state agency in the
prior fiscal year.
Colorado Revised Statutes 2024 Page 3053 of 3111 Uncertified Printout
Source: L. 2017: Entire part added with relocated provisions, (HB 17-1051), ch. 99, p.
322, § 28, effective August 9. L. 2024: (1)(a)(II) and (3) amended, (SB 24-204), ch. 306, p.
2070, § 4, effective August 7.
Editor's note: This section is similar to former § 24-103-211 as it existed prior to 2017.
For a detailed comparison of this section, see the comparative tables located in the back of the
index.
Sec. 24-103-906.
Bid preference - state contracts. (1) (a) Except as provided in subsection
(1)(b) of this section and in section 24-103-907, when a contract for commodities or services is
to be awarded to a bidder, a resident bidder shall be allowed a preference against a nonresident
bidder equal to the preference given or required by the state in which the nonresident bidder is a
resident.
(b)Notwithstanding subsection (1)(a) of this section, when an invitation for bids for a
contract for the purchase of commodities results in a low tie bid, the provisions of section 24-
103-902 apply.
(c)For the purposes of this subsection (1), "commodities" includes supplies as defined in
section 24-101-301 (47).
(2)If it is determined by the procurement agent responsible for awarding the bid that
compliance with this section may cause denial of federal moneys which would otherwise be
available or would otherwise be inconsistent with requirements of federal law, this section shall
be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate
the inconsistency with federal requirements.
Source: L. 2017: Entire part added with relocated provisions, (HB 17-1051), ch. 99, p.
324, § 28, effective August 9.
Editor's note: This section is similar to former § 8-18-101 as it existed prior to 2017. For
a detailed comparison of this section, see the comparative tables located in the back of the index.
Sec. 24-103-907.
Preference for state agricultural products. (1) When purchasing
agricultural products, a governmental body shall award the contract to a resident bidder who
produces products in the state, subject to the conditions in subsection (2) of this section.
(2)The preference in subsection (1) of this section shall apply only if the following
conditions are met:
(a)The quality of available products produced in the state is equal to the quality of
products produced outside the state;
(b)Available products produced in the state are suitable for the use required by the
purchasing entity;
(c)The resident bidder is able to supply products produced in the state in sufficient
quantity, as indicated in the invitation for bids; and
(d)(I) The resident bidder's bid or quoted price for products produced in the state does
not exceed the lowest bid or price quoted for products produced outside the state or the resident
bidder's bid or quoted price reasonably exceeds the lowest bid or price quoted for products
produced outside the state.
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(II)For purposes of this subsection (2)(d), "reasonably exceeds" shall occur when the
head of the governmental body, or other public officer charged by law with the duty to purchase
such products, at his or her sole discretion, determines such higher bid to be reasonable and
capable of being paid out of that governmental body's existing budget, without any further
supplemental or additional appropriation.
(3)(a) For purposes of this section, an agricultural product is produced in the state if it is
grown, raised, or processed in the state.
(b)A resident bidder that seeks to qualify for the preference created by subsection (1) of
this section shall certify to the governmental body inviting the bid and provide documentation
confirming that the resident bidder's agricultural product was produced in the state. The
governmental body may rely in good faith on such certification and documentation.
Source: L. 2017: Entire part added with relocated provisions, (HB 17-1051), ch. 99, p.
324, § 28, effective August 9.
Editor's note: This section is similar to former § 8-18-103 as it existed prior to 2017. For
a detailed comparison of this section, see the comparative tables located in the back of the index.
Sec. 24-103-908.
Bid preferences - resident bidder - public projects - report - federal and
state law - definitions. (1) As used in this section, unless the context otherwise requires,
"public project" means:
(a)Any public project as defined in section 24-92-102 (8), including any such project
awarded by any county, including any home rule county, municipality, as defined in section 31-
1-101 (6), school district, special district, or other political subdivision of the state;
(b)Any publicly funded contract for construction entered into by a governmental body
of the executive branch of this state which is subject to this code; and
(c)Any highway or bridge construction, whether undertaken by the department of
transportation or by any political subdivision of this state, in which the expenditure of funds may
be reasonably expected to exceed fifty thousand dollars.
(2)(a) When a construction contract for a public project is to be awarded to a bidder, a
resident bidder shall be allowed a preference against a nonresident bidder from a state or foreign
country equal to the preference given or required by the state or foreign country in which the
nonresident bidder is a resident.
(b)If it is determined by the procurement agent responsible for awarding the bid that
compliance with this section may cause denial of federal moneys which would otherwise be
available or would otherwise be inconsistent with requirements of federal law, this section shall
be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate
the inconsistency with federal requirements.
(3)(a) The executive director of the department of personnel, or the executive director's
designee, shall use a national registry of bidding preferences published by another state or
national organization or shall conduct a survey and compile the results into a list of which states
provide a bidding preference on public works contracts for their resident bidders. The list must
include details on the type of preference provided by each state, the amount of the preference,
and how the preference is applied. The executive director shall complete the initial list on or
Colorado Revised Statutes 2024 Page 3055 of 3111 Uncertified Printout
before July 1, 2014, shall update the list periodically as needed but at least on an annual basis,
and shall make the list available to the public on the department's website.
(b)In any bidding process for public works in which a bid is received from a bidder who
is not a resident bidder and who is from a state that provides a percentage bidding preference to
resident bidders of that state, a comparable percentage disadvantage shall be applied to the bid of
that bidder.
(c)Any request for proposals issued by a state agency or political subdivision of the
state must include a notice to nonresident bidders that if the nonresident bidder is from a state
that provides a bidding preference to bidders from that state, then a comparable percentage
disadvantage will be applied to the bid of that nonresident bidder. The notice must also specify
that the bidder may obtain additional information from the department of personnel's website.
(d)The executive director of the department of personnel may promulgate rules
necessary for the implementation of this section. Such rules shall be promulgated in accordance
with the "State Administrative Procedure Act", article 4 of this title 24.
(4)Nothing in this section applies to any project that receives federal moneys. In
addition, nothing in this section contravenes any existing treaty, law, agreement, or regulation of
the United States. Contracts entered into in accordance with any treaty, law, agreement, or
regulation of the United States do not violate this section to the extent of that accordance. The
requirements of this section are suspended if such requirement would contravene any treaty, law,
agreement, or regulation of the United States, or would cause denial of federal moneys or
preclude the ability to access federal moneys that would otherwise be available.
Source: L. 2017: Entire part added with relocated provisions, (HB 17-1051), ch. 99, p.
325, § 28, effective August 9.
Editor's note: This section is similar to former §§ 8-19-101, 8-19-102, 8-19-104, and 8-
19-105 as they existed prior to 2017. For a detailed comparison of this section, see the
comparative tables located in the back of the index.
Sec. 24-103-909.
Bid preference - recycled plastic products. (1) When a contract is to be
awarded pursuant to this code, a bidder who has used recycled plastics in the manufacture of the
commodity or supplies described in the bid shall be allowed a preference of up to five percent
for finished products which contain no less than ten percent recycled plastics.
(2)If it is determined by the procurement agent responsible for awarding a bid that
compliance with this section may cause denial of federal moneys which would otherwise be
available or would otherwise be inconsistent with requirements of federal law, this section shall
be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate
the inconsistency with federal requirements.
Source: L. 2017: Entire part added with relocated provisions, (HB 17-1051), ch. 99, p.
327, § 28, effective August 9.
Editor's note: This section is similar to former § 8-19.5-101 as it existed prior to 2017.
For a detailed comparison of this section, see the comparative tables located in the back of the
index.
Colorado Revised Statutes 2024 Page 3056 of 3111 Uncertified Printout
Sec. 24-103-910.
Use of foreign-produced goods - iron, steel, and related manufactured
products - disclosure - report - definitions. (1) The contractor for any public works project
that is funded by a state agency as defined in section 24-30-1301 (17) or by a state institution of
higher education as defined in section 24-30-1301 (18), that does not receive any federal
moneys, and that costs more than five hundred thousand dollars shall, upon completion of the
project, make a good faith effort to disclose to the department of personnel the five most costly
goods incorporated into the project, including iron, steel, or related manufactured goods; except
that, for public projects under the supervision of the department of transportation, the contractor
shall disclose such information to the department of transportation.
(2)(a) In the case of an iron or steel product, the product will be considered
manufactured in the United States if all of the manufacturing processes for the final product take
place in the United States.
(b)In the case of a manufactured good, a good will be considered manufactured in the
United States if all of the manufacturing processes for the final product take place in the United
States irrespective of the origin of the manufactured good's subcomponents.
(c)In order for a manufactured good to be considered subject to disclosure under this
article 103, the product must be manufactured predominantly of steel or iron. The manufactured
good is deemed a product manufactured predominantly of steel or iron if the product consists of
more than fifty percent steel or iron content when it is delivered to the job site for installation.
(3)The disclosure must state the total cost and country of origin of the five most costly
goods used on a project, including iron, steel, and related manufactured goods described
pursuant to subsections (1) and (2) of this section. The contractor may rely on documents
provided by third-party vendors when disclosing the country of origin of iron, steel, or related
manufactured goods. In addition, the disclosure must state whether the public works project was
subject to any existing domestic content preference, including 41 U.S.C. secs. 8301 to 8305, 23
U.S.C. sec. 313, 49 U.S.C. sec. 5323, 49 U.S.C. sec. 24305, 49 U.S.C. sec. 24405, and 49 U.S.C.
secs. 50101 to 50105. The contractor shall disclose the information in a manner to be determined
by the department.
(4)The department shall issue an annual report detailing the information that contractors
submitted to the department and to the department of transportation pursuant to subsections (1)
to (3) of this section. The report must include aggregate data collected for the calendar year and
analysis of the data broken down by product and public works project type. The report shall not
publicly disclose any proprietary information provided by the contractor that is not subject to
disclosure pursuant to the "Colorado Open Records Act", part 2 of article 72 of this title 24. The
department shall make the report available to the public on the department's website.
(5)As used in this section, unless the context otherwise requires:
(a)"Country of origin" shall have the meaning ascribed to it under 19 U.S.C. sec. 1304
and 19 CFR 134.
(b)"Public works" shall have the same meaning as "public project" as defined in section
24-92-102 (8)(a).
(c)"United States" means the United States of America and includes all territory,
continental or insular, subject to the jurisdiction of the United States.
(6)Nothing in this section applies to any project that receives federal moneys. In
addition, nothing in this section contravenes any existing treaty, law, agreement, or regulation of
the United States. Contracts entered into in accordance with any treaty, law, agreement, or
Colorado Revised Statutes 2024 Page 3057 of 3111 Uncertified Printout
regulation of the United States do not violate this section to the extent of that accordance. The
requirements of this section are suspended if such requirements would contravene any treaty,
law, agreement, or regulation of the United States, or would cause denial of federal moneys or
preclude the ability to access federal moneys that would otherwise be available.
Source: L. 2017: Entire part added with relocated provisions, (HB 17-1051), ch. 99, p.
327, § 28, effective August 9.
Editor's note: This section is similar to former § 24-103-210 as it existed prior to 2017.
For a detailed comparison of this section, see the comparative tables located in the back of the
index.
Sec. 24-103-911.
Preference for internet service providers that certify compliance with
open internet protections - definitions. (1) When contracting for broadband internet access
service, a governmental body shall give preference to an internet service provider that certifies to
the governmental body that, except as allowed under section 40-15-209 (3), the internet service
provider will not engage in any of the practices set forth in section 40-15-209 (1).
(2)As used in this section:
(a)"Broadband internet access service" has the meaning set forth in section 40-15-209
(4)(a).
(b)"Internet service provider" has the meaning set forth in section 40-15-209 (4)(b).
Source: L. 2019: Entire section added, (SB 19-078), ch. 210, p. 2216, § 4, effective May
17.
PART 10
PROCUREMENT DISPARITY STUDY
Sec. 24-103-1001.
Legislative declaration. (1) The general assembly hereby finds,
determines, and declares that:
(a)It is imperative and the public policy of Colorado that the state procurement process
be free from bias so that all qualified persons and entities may compete for state business;
(b)A fair procurement process not only ensures justice and fairness in state contracting
but will broaden the procurement contractor pool, which will result in efficiencies statewide and,
as warranted, promote the growth of historically underutilized businesses, thereby creating jobs
and stimulating the state's economy;
(c)Although studies establishing discrimination in procurement for certain industries or
in certain localities have been conducted, a comprehensive analysis of state contracts awarded to
historically underutilized businesses has not yet been commissioned;
(d)The United States supreme court has recognized that disparity studies are tools that
seek to qualify and quantify past discrimination and recommend certain corrective measures as
may be warranted by the study's findings;
Colorado Revised Statutes 2024 Page 3058 of 3111 Uncertified Printout
(e)If any disparities exist, such a study is essential to the ultimate achievement of a
marketplace in which historically underutilized businesses are not subject to discrimination and
can obtain a fair market share of contract expenditures; and
(f)Therefore, it is the intent of the general assembly, consistent with the code's stated
policies of ensuring the fair and equitable treatment of persons who deal with the procurement
system and fostering effective broad-based competition within the free enterprise system, that an
independent study be commissioned to:
(I)Determine the frequency with which state contracts are awarded to historically
underutilized businesses and the monetary amounts of such awards, compared to the frequency
and size of contracts awarded to other businesses; and
(II)To the extent that the study establishes that disparities attributable to past or present
discrimination exist or inhere in the state procurement process, to recommend remedial measures
to address the effects of that discrimination.
Source: L. 2019: Entire part added, (SB 19-135), ch. 379, p. 3413, § 1, effective July 1.
Sec. 24-103-1002.
Definitions. As used in this part 10, unless the context otherwise requires:
(1)"Contract" has the same meaning as set forth in section 24-101-301 (9) and includes
public-private partnerships and other agreements for public-private financing.
(2)"Contractor" means any person who is a party to a contract.
(3)"Historically underutilized business" means a business:
(a)That is at least fifty-one percent owned by one or more individuals who are:
(I)United States citizens or permanent resident aliens; and
(II)One or more of the following:
(A)Members of a racial or ethnic minority group;
(B)Non-Hispanic Caucasian women;
(C)Persons with physical or mental disabilities; or
(D)Members of the lesbian, gay, bisexual, and transgender community; and
(b)For which the minority ownership controls both the management and day-to-day
business decisions.
(4)"Persons with physical or mental disabilities" means persons who:
(a)Have impairments that substantially limit one or more major life activities;
(b)Are regarded generally by the community as having a disability; and
(c)Whose disabilities substantially limit their abilities to engage in competitive
business.
(5)"Racial or ethnic minority group" means:
(a)African American persons, meaning individuals having origins in any of the black
racial groups;
(b)Hispanic American persons, including persons of Mexican, Puerto Rican, Cuban,
Central or South American, or other Spanish or Portuguese culture or origin, regardless of race;
(c)Asian American persons, including persons whose origins are from Japan, China,
Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, the United States territories
of the Pacific, or the Northern Mariana Islands; or persons whose origins are from subcontinent
Asia, including persons whose origins are from India, Pakistan, Bangladesh, Sri Lanka, Bhutan,
or Nepal; or
Colorado Revised Statutes 2024 Page 3059 of 3111 Uncertified Printout
(d)Native American persons, including persons who are American Indians, Eskimos,
Aleuts, or Hawaiians of Polynesian descent.
(6)"Subcontractor" means any person who is a party to a contract with a contractor.
Source: L. 2019: Entire part added, (SB 19-135), ch. 379, p. 3414, § 1, effective July 1.
Sec. 24-103-1003.
Disparity study - report. (1) (a) The executive director shall commission
a state disparity study regarding the participation of historically underutilized businesses in state
contracts entered into by all principal departments of the executive branch of state government
as specified in section 24-1-110, including any division, office, agency, or other unit created
within a principal department and including institutions of higher education and the Colorado
commission on higher education; except that the study shall not include those entities that have
elected to be exempt from the code pursuant to section 24-101-105 (1)(b). The study shall
include state contracts entered into during the 2014-15, 2015-16, 2016-17, and 2017-18 state
fiscal years.
(b)(I) The study must be conducted, and a final report prepared, by an entity
independent of the department that is selected in response to a request for proposal issued in
accordance with this code.
(II)The entities subject to the study pursuant to subsection (1)(a) of this section shall
cooperate fully with the independent contractor engaged to conduct the study.
(c)The study and final report setting forth the study's methodologies, findings, and
recommendations must be provided by December 1, 2020, to:
(I)The members of the general assembly; and
(II)The executive director, who shall transmit a copy of the disparity study final report
produced pursuant to this section to the director of the minority business office created in section
24-49.5-102, which shall post the report on that office's official website.
(d)The executive director or the executive director's designee shall include the findings
and recommendations from the final report required by subsection (1)(c) of this section in its
report to the applicable house and senate committees of reference required by the "State
Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2
of article 7 of title 2.
(2)(a) The purposes of the disparity study undertaken pursuant to this section are:
(I)To determine whether there is a disparity between the number of qualified
historically underutilized businesses that are ready, willing, and able to perform state contracts
for goods and services, and the number of such contractors actually engaged to perform such
contracts, which information must be ascertained by evaluating the prime contracts and
subcontracts awarded in the following industries:
(A)Construction, including new construction, remodeling, renovation, maintenance,
demolition and repair of any public structure or building, pipeline construction, and other public
improvements;
(B)Architecture and engineering, including construction management, landscape
architecture, planning, surveying, mapping services, and design, build, and construction services;
(C)Professional services, including legal services, accounting, information technology
services, medical services, technical services, research planning, and consulting services;
Colorado Revised Statutes 2024 Page 3060 of 3111 Uncertified Printout
(D)Brokerage and investment, including banking, asset management, state retirement,
and pension services; and
(E)Goods and services that may be provided or performed without professional
licensure or special education or training, including, but not limited to, goods and services
relating to materials, supplies, equipment, maintenance, personnel, pharmaceuticals, and food;
(II)To determine whether, of the total amount spent on state contracts in a fiscal year,
there is a disparity between the percentage of spending attributable to contracts awarded to
qualified historically underutilized businesses and the percentage of state contracts that were
awarded to historically underutilized businesses in that fiscal year; and
(III)To determine what changes, if any, should be made to state policies affecting
historically underutilized businesses.
(b)The disparity study must specifically include the following analyses, both for the
historically underutilized businesses as a group and for each subgroup, as set forth in section 24-
103-1002 (3)(a)(II):
(I)A prime contractor utilization analysis that presents the distribution of prime
contracts by industry;
(II)A subcontractor utilization analysis that presents the distribution of subcontracts by
the industries described in subsection (2)(a)(I) of this section;
(III)A market area analysis that presents the legal basis for the geographical market area
determination and defines the state's market area;
(IV)A prime contractor and subcontractor availability analysis that presents the
distribution of available businesses in the state's market area;
(V)A prime contractor disparity analysis that presents prime contractor utilization
compared to prime contractor availability by industry and determines whether the comparison is
statistically significant;
(VI)A subcontractor disparity analysis that presents subcontractor utilization compared
to subcontractor availability by industry and determines whether the comparison is statistically
significant;
(VII)A qualitative analysis that presents the business community's experiences and
perceptions of barriers encountered in contracting or attempting to contract with the state; and
(VIII)Recommendations regarding best management practices and ways to enhance
Colorado's contracting and procurement activities with historically underutilized businesses.
(c)(I) Any conclusion that discrimination-related disparity exists between the
availability and utilization of historically underutilized businesses must be supported by
statistical evidence and may be supplemented or supported by anecdotal evidence.
(II)If the analysis supports a finding that such disparity exists, the report must include
recommendations to address the disparity, including any statutory changes likely to cure,
mitigate, or redress such disparity. Any proposed remedial measures must be tailored to address
documented statistical disparities in procurement policies.
(3)The general assembly may annually appropriate to the department of personnel such
amount as it deems appropriate for the purposes specified in this part 10. Any unexpended and
unencumbered money from an appropriation made for the purposes of this part 10 remains
available for expenditure by the department for the purposes of this part 10 in the next fiscal year
without further appropriation.
Colorado Revised Statutes 2024 Page 3061 of 3111 Uncertified Printout
Source: L. 2019: Entire part added, (SB 19-135), ch. 379, p. 3415, § 1, effective July 1.
Sec. 24-103-1004.
Requests for information - disparity study. The executive director or the
entity that the executive director commissions to conduct a disparity study pursuant to section
24-103-1003 may request information in furtherance of the disparity study from each entity that
is subject to the study, including each principle department of the executive branch of state
government as specified in section 24-1-110, including any division, office, agency, or other unit
created within a principle department, and including institutions of higher education and the
Colorado commission on higher education; except that such requests may not be made of entities
that have elected to be exempt from the code pursuant to section 24-101-105 (1)(b). Each entity
that is subject to the disparity study shall respond to any such request for information in
furtherance of the disparity study as soon as practicable after receiving the request.
Source: L. 2019: Entire part added, (SB 19-135), ch. 379, p. 3418, § 1, effective July 1.
PART 11
REMEDIATION OF STATE PROCUREMENT DISPARITIES
THAT AFFECT HISTORICALLY UNDERUTILIZED BUSINESSES
Sec. 24-103-1101.
Short title. The short title of this part 11 is the "State Procurement
Disparities Remediation Act".
Source: L. 2022: Entire part added, (SB 22-163), ch. 433, p. 3046, § 1, effective June 8.
Sec. 24-103-1102.
Legislative declaration. (1) The general assembly hereby finds,
determines, and declares that:
(a)When it enacted Senate Bill 19-135 in 2019, it found, determined and declared, in
section 24-103-1001, the importance of ensuring an equitable state procurement process;
(b)As required by Senate Bill 19-135, the department contracted with an entity
independent of the department to conduct a state disparity study regarding the participation of
historically underutilized businesses, which included a review of minority-owned businesses,
women-owned businesses, businesses owned by persons with disabilities, and businesses owned
by members of the lesbian, gay, bisexual, and transgender community, in state contracts entered
into by any department, agency, or institution of the executive branch of state government;
(c)The state disparity study examined whether a disparity exists between the percentage
of state contract dollars going to historically underutilized businesses and the percentage that
might be expected to go to those businesses based on the relative number of those businesses
that are ready, willing, and able to perform different types, sizes, and locations of state contracts;
(d)The independent entity completed the required state disparity study and issued the
"2020 state of Colorado disparity study final report" in November 2020, which found that:
(I)Minority-owned and women-owned businesses received about eight percent of state
contract dollars, below the twenty-eight percent expected from the availability analysis;
(II)Utilization of firms owned by persons with disabilities was less than one percent of
contract dollars, below the twelve percent expected from the availability analysis;
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(III)A very small percentage of contract dollars went to businesses certified as being
owned by members of the lesbian, gay, bisexual, and transgender community (LGBT-certified
businesses), but because a very small number of businesses in the availability analysis were
LGBT-certified businesses, that utilization is comparable to the availability benchmark for
LGBT-certified businesses;
(IV)There was a substantial disparity between utilization and availability for firms
owned by African American persons, Hispanic American persons, Native American persons,
white women, and persons with disabilities for state construction, construction-related
professional services, other professional services, goods and other services contracts;
(V)There was a substantial disparity for businesses owned by Asian-American persons
for other professional services contracts; and
(VI)For state brokerage and investment contracts, there were substantial disparities
between utilization and availability of businesses owned by African American persons, Hispanic
American persons, Native American persons, and white women;
(e)As detailed in the state disparity study report, the results of the study indicate that
disparities between availability of historically underutilized businesses and utilization of such
businesses exists in state contracting;
(f)Although the state is already endeavoring to help small businesses obtain state
contracts, it is doing so with limited tools and resources;
(g)The disparities identified in the state disparity report are likely to persist unless
further action is taken; and
(h)The state disparity study report recommended that the general assembly consider
enacting legislation to authorize and fund a procurement equity program to address the specific
disparities shown in the state disparity study report for historically underutilized businesses
based on industry and business ownership.
Source: L. 2022: Entire part added, (SB 22-163), ch. 433, p. 3046, § 1, effective June 8.
Sec. 24-103-1103.
Definitions. As used in this part 11, unless the context otherwise requires:
(1)"Construction-related professional services" means services with architecture and
engineering, surveying, real estate consulting, and related work.
(2)"Disparity" means an inequality, difference, or gap between an actual outcome and a
reference point or benchmark.
(3)"Disparity index" means a measure of the relative difference between an outcome,
such as percentage of contract dollars received by a group, and a corresponding benchmark, such
as the percentage of contract dollars that might be expected given the relative availability of that
group for those contracts. In this example, disparity index is calculated by dividing a numerator
of percent utilization by a denominator of percent availability and then multiplying the result by
100. A disparity index of 100 indicates "parity" or utilization "on par" with availability.
Disparity index figures closer to 0 indicate larger disparities between utilization and availability.
(4)"Historically underutilized business" means an entity:
(a)That is a business, for-profit corporation, sole proprietorship, partnership, or joint
venture that is more than fifty percent owned by one or more individuals who are:
(I)United States citizens or permanent resident aliens; and
(II)One or more of the following:
Colorado Revised Statutes 2024 Page 3063 of 3111 Uncertified Printout
(A)Members of a racial or ethnic minority group; except that a business owned by Asian
American persons is a historically underutilized business only with respect to state procurement
for "other professional services contracts", as that term is defined in the state disparity study;
(B)Non-Hispanic Caucasian women; or
(C)Persons with disabilities; and
(b)For which the minority ownership controls both the management and day-to-day
business decisions.
(5)"Industry" means businesses within one of the following economic sectors:
(a)Construction;
(b)Construction-related professional services;
(c)Brokerage and investment;
(d)Other professional services; and
(e)Goods and other services.
(6)"Minority business office" means the minority business office created in section 24-
49.5-102.
(7)"Office" means the office of economic development created in section 24-48.5-101
(1).
(8)"Persons with disabilities" means persons who:
(a)Have physical or mental impairments, or both, that substantially limit one or more
major life activities;
(b)Are regarded generally by the community as having a disability; and
(c)Whose disabilities substantially limit their abilities to engage in competitive
business.
(9)"Prime contract" means a contract between the state and a business.
(10)"Prime contractor" means a construction business that performs a prime contract for
the state.
(11)"Procurement technical assistance center" means the entity through which a
procurement technical assistance program is provided.
(12)"Procurement technical assistance program" has the same meaning as set forth in
section 24-48.5-121 (2)(d).
(13)"Professional services" means types of work in the service sector requiring special
training. Some professional services such as accounting and law, require holding professional
licenses.
(14)"Program" means the state procurement equity program established in section 24-
103-1104 (1).
(15)"Racial or ethnic minority group" means individuals who belong to one or more
racial or ethnic groups identified in 49 CFR Section 26.5:
(a)African American persons, including persons having origins in any of the black racial
groups of Africa;
(b)Hispanic American persons, including persons of Mexican, Puerto Rican, Cuban,
Central or South American, or other Spanish or Portuguese culture or origin, regardless of race;
(c)Asian American persons, including persons whose origins are from Japan, China,
Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, the United States territories
of the Pacific, or the Northern Mariana Islands; or persons whose origins are from subcontinent
Colorado Revised Statutes 2024 Page 3064 of 3111 Uncertified Printout
Asia, including persons whose origins are from India, Pakistan, Bangladesh, Sri Lanka, Bhutan,
or Nepal; or
(d)Native American persons, including persons who are American Indians, Eskimos,
Aleuts, or Hawaiians of Polynesian descent.
(16)"Remedial measure" means an action designed to address barriers to full
participation of a targeted group.
(17)"Small business" means a business that qualifies as a small business pursuant to 13
CFR 121.
(18)"Small business development center" has the same meaning as set forth in section
24-48.5-121 (2)(f).
(19)"Solicitation assistance" means the provision of real-time responses to questions
asked by potential contractors who seek guidance as to how best to respond to solicitations for
state contracts, including guidance regarding availability of opportunities, interpretation of
solicitation documents, and solicitation response procedures and best practices. "Solicitation
assistance" does not include guidance specific to a particular solicitation for a state contract that
could reasonably be expected to provide an unfair advantage to the potential contractor over
other potential contractors responding to the solicitation.
(20)"State disparity study" or "study" means the study regarding the participation of
historically underutilized businesses in state contracts entered into by all principal departments
of state government that was commissioned by the executive director as required by section 24-
103-1003.
(21)"State disparity study report" or "report" means the "2020 State of Colorado
Disparity Study Final Report" published in November 2020.
(22)"Subcontractor" means any person who is a party to an agreement with a prime
contractor for the purpose of performing a portion of the work that the prime contractor is
obliged to perform or have performed under a contract.
(23)"Substantial disparity" means a disparity where the disparity index is less than 80,
which can indicate evidence of discrimination affecting the outcome.
(24)"Utilization" means the percentage of total contract dollars of a particular type of
work going to a specific group of businesses.
(25)"Women-owned business" or "WBE" means a business that is at least fifty-one
percent owned and controlled by one or more individuals that are non-minority women.
Source: L. 2022: Entire part added, (SB 22-163), ch. 433, p. 3048, § 1, effective June 8.
Sec. 24-103-1104.
State procurement equity program - established - goal - preliminary
implementation maximization of contracting opportunities - expansion of historically
underutilized business registry - real-time solicitation assistance help desk - bond
assistance program - cash fund - report. (1) (a) The state procurement equity program is
established in the department. The department, in accordance with its existing state procurement
related duties of promulgating state contracting fiscal rules and providing procurement related
guidance and management, including contract forms and the contract management system, to
most state executive branch agencies, shall act to ensure the expeditious development and full
implementation of the program as required by this part 11. The department shall act in
consultation with, to the extent required by this part 11 or as otherwise deemed necessary or
Colorado Revised Statutes 2024 Page 3065 of 3111 Uncertified Printout
advisable by the department, the office, the procurement technical assistance center, the small
business development center, the minority business office, the department of transportation, and
other persons or entities that have expertise or interest in procurement generally or in state
procurement equity.
(b)The goal of the program is to reduce disparities identified in the state disparity study
report between the availability of historically underutilized businesses and the utilization of such
businesses in state procurement.
(2)As implementation of the program, the department shall:
(a)Provide, at all times during regular state business hours, solicitation assistance
through a help desk. The department shall track usage of solicitation assistance and, to the extent
feasible, follow up with recipients of solicitation assistance to determine and track the extent to
which they have succeeded in being awarded state contracts. The department shall also
continuously monitor usage of the solicitation assistance help desk to determine whether the
amount of human and financial resources dedicated to the provision of solicitation assistance is
optimal to meet demand while stewarding state resources.
(b)(I) Create a bond assistance program to help historically underutilized businesses that
are small businesses to offset all or a portion of the cost of obtaining a surety bond that is
required for a solicitation for a state procurement opportunity.
(II)The bond assistance program cash fund is hereby created in the state treasury. The
fund consists of general fund money transferred to the fund as required by subsection (2)(b)(III)
of this section and any other money that the general assembly may appropriate or transfer to the
fund. The state treasurer shall credit all interest and income derived from the deposit and
investment of money in the fund to the fund. Money in the fund is continuously appropriated to
the department for the implementation of the bond assistance program.
(III)On July 1, 2022, the state treasurer shall transfer two million dollars from the
general fund to the bond assistance program cash fund.
(c)Carefully consider all of the recommendations in the state disparity study report that
are not required to be implemented pursuant to subsections (2)(a) to (2)(c) of this section to
determine whether, using only existing resources, it can implement or make meaningful progress
towards implementing any of the recommendations. If the department determines that it can
implement or make meaningful progress towards implementing any such recommendation using
only existing resources, it shall do so.
(3)The department shall report to the general assembly regarding its preliminary
implementation of the program during the department's January 2025 departmental presentation
to legislative committees of reference required by section 2-7-203 (2)(a).
Source: L. 2022: Entire part added, (SB 22-163), ch. 433, p. 3051, § 1, effective June 8.
Sec. 24-103-1105.
State procurement equity program implementation - stakeholder
group - recommendations - report - legislative declaration. (1) The general assembly hereby
finds, determines, and declares that:
(a)The state seeks recommendations from state procurement stakeholders, as convened
pursuant to subsection (2) of this section for the implementation of remedial measures, including
remedial measures using procurement equity tools, and quantification of the amount of
Colorado Revised Statutes 2024 Page 3066 of 3111 Uncertified Printout
additional funding and personnel required to both implement specific remedial measures and
fully implement the program; and
(b)To support the intent of the general assembly in enacting this part 11, the remediation
of disparities in state procurement, through thoughtful, efficient, and effective implementation of
the program that takes into account the professional expertise and lived experience of state
procurement stakeholders as convened pursuant to subsection (2) of this section, it is necessary,
appropriate, and in the best interest of the state to require the department to convene, contract
with a facilitator to facilitate discussion among, engage in consultation with, and strongly
consider the formal policy recommendations of a stakeholder group that may be comprised, to
the extent practicable, of representatives of historically underutilized businesses and small
businesses, governmental entities, federal and local organizations that provide procurement
technical assistance or outreach to historically underutilized businesses and small businesses,
and such other persons with relevant professional experience, including government
procurement and government contracting experience as the department deems appropriate.
(2)The department shall convene, contract with a facilitator to facilitate discussion
among, and engage in consultation with a stakeholder group, which, to the extent practicable
may consist of:
(a)The following state government employees:
(I)An employee of the department who has extensive experience and expertise in state
procurement;
(II)An employee of the office who has been involved in the office's administration of or
is otherwise knowledgeable about the procurement technical assistance program, the small
business COVID-19 grant program created in section 24-48.5-126, or the COVID-19 relief for
disproportionately impacted businesses program created in section 24-48.5-127;
(III)An employee of the minority business office; and
(IV)An employee of the department of transportation who has significant experience
and expertise regarding the department of transportation's civil rights programs that establish,
administer, and enforce the department of transportation's diversity, equity, and inclusion
requirements for engineers, contractors, consultants, local agencies, and transit providers;
(b)An employee of the city and county of Denver's division of small business
opportunity who has significant experience and expertise regarding the programs and operation
of the division;
(c)An employee of the procurement technical assistance center;
(d)An owner or high-level employee of each of the following types of historically
underutilized businesses:
(I)A business owned by one or more women;
(II)A business owned by one or more African American persons;
(III)A business owned by one or more Asian American persons;
(IV)A business owned by one or more Hispanic American persons;
(V)A business owned by one or more Native American persons; and
(VI)A business owned by one or more persons with disabilities;
(e)To the extent practicable, an owner or high-level employee of each of the following
types of businesses that are not historically underutilized businesses and that have competed for
or been awarded state contracts:
(I)A small business;
Colorado Revised Statutes 2024 Page 3067 of 3111 Uncertified Printout
(II)A business that is not a small business but that has fewer than five hundred
employees and a demonstrable record of successful engagement and contracting with small
businesses;
(III)A business that has more than five hundred employees and a demonstrable record of
successful engagement and contracting with small businesses; and
(IV)With consideration for the volume of construction contracts awarded annually by
the state, a representative of the associated general contractors; and
(f)Any other individuals who have a demonstrable commitment to furthering equity in
government procurement and substantial knowledge of procurement equity best practices who
the department deems necessary or appropriate to include in the stakeholder group.
(3)The stakeholder group convened as required by subsection (2) of this section shall:
(a)Closely examine the findings, conclusions, and recommendations in the state
disparity study report;
(b)Using the information in the state disparity study report as a baseline for studying
procurement equity programs in other states and at the federal and large local government level,
identify best practices for successful procurement equity program implementation and
administration; and
(c)No later than November 1, 2023, present to the department a report of specific
findings, remedial measures, and recommendations that includes, at a minimum:
(I)Prioritization of the recommendations outlined in the state disparity study report. The
prioritization may include written explanations of recommendations that specify whether
recommendations in the report will be implemented and the remedial measures that will be taken
to support program implementation in a manner that is sufficiently comprehensive to meet the
state's goal of reducing disparities between the availability of historically underutilized
businesses and their utilization in state procurement and increasing such utilization.
(II)Confirmation or refutation of the disparity study report finding of no substantial
disparity between available and utilized lesbian, gay, bisexual, and transgender businesses;
(III)Confirmation or refutation of the disparity study report finding of no substantial
disparity between availability and utilization of businesses owned by Asian American persons
for construction, construction-related professional services, goods and other services contracts,
brokerage, and investment;
(IV)A preliminary estimate of the amount of initial and ongoing funding, personnel,
information technology resources, and other resources needed to implement the policy
recommendations and remedial measures in accordance with subsection (3)(b) of this section;
(V)A step-by-step timeline for full implementation of the program;
(VI)Suggested methodologies and metrics for monitoring and evaluating the success of
the program and ensuring program accountability; and
(VII)Identification of any public or private sources of funding or other resources that
may be available to expedite the implementation or ongoing administration of the program and
reduce costs to the state.
(4)The department shall report on the progress and policy recommendations and any
suggested remedial measures of the stakeholder group, the preliminary plans, recommendations,
and remedial measures that the department has taken regarding the full implementation of the
program, and any recommendations that the department has regarding the need for related
legislation during its January 2025 annual presentation to legislative oversight committees
Colorado Revised Statutes 2024 Page 3068 of 3111 Uncertified Printout
required by section 2-7-203 (2)(a). In preparation for the presentation, the department shall give
strong consideration to the policy recommendations report provided by the stakeholder group as
required by subsection (3)(c) of this section.
Source: L. 2022: Entire part added, (SB 22-163), ch. 433, p. 3052, § 1, effective June 8.
ARTICLE 103.5
Contract Performance
24-103.5-101. Monitoring of vendor performance - definitions. (Repealed)
Source: L. 2007: Entire article added, p. 1238, § 3, effective August 3. L. 2010: (1) and
(7)(a) amended, (SB 10-003), ch. 391, p. 1853, § 32, effective June 9. L. 2017: Entire section
repealed, (HB 17-1051), ch. 99, p. 354, § 76, effective August 9.
Editor's note: This section was relocated to § 24-106-107 in 2017.
ARTICLE 104
Specifications
PART 1
DEFINITIONS
Sec. 24-104-101.
Definitions. (Repealed)
Source: L. 81: Entire article added, p. 1271, § 1, effective January 1, 1982. L. 2017:
Entire section repealed, (HB 17-1051), ch. 99, p. 354, § 76, effective August 9.
Editor's note: This section was relocated to § 24-101-301 in 2017.
PART 2
SPECIFICATIONS
Sec. 24-104-201.
Executive director - rules. The executive director may promulgate rules
governing the preparation, maintenance, and content of specifications for supplies, services, and
construction required by the state.
Source: L. 81: Entire article added, p. 1272, § 1, effective January 1, 1982. L. 2017:
Entire section amended, (HB 17-1051), ch. 99, p. 328, § 29, effective August 9.
Colorado Revised Statutes 2024 Page 3069 of 3111 Uncertified Printout
Sec. 24-104-202.
Duties of the chief procurement officer - specifications. The chief
procurement officer shall prepare, issue, revise, maintain, and monitor the use of specifications
for supplies, services, and construction required by the state.
Source: L. 81: Entire article added, p. 1272, § 1, effective January 1, 1982. L. 96: Entire
section amended, p. 1537, § 111, effective June 1. L. 2017: Entire section amended, (HB 17-
1051), ch. 99, p. 328, § 30, effective August 9.
Sec. 24-104-203.
Exempted items. Specifications for supplies, services, or construction
items to be procured by purchasing agencies exempted from centralized procurement pursuant to
section 24-102-302 may be prepared by those purchasing agencies in accordance with the
provisions of this article and rules promulgated pursuant to this article.
Source: L. 81: Entire article added, p. 1272, § 1, effective January 1, 1982.
Sec. 24-104-204.
Relationship with using agencies. The chief procurement officer may
obtain expert advice and assistance from personnel of using agencies in the development of
specifications and may delegate, in writing, to a using agency the authority to prepare and utilize
its own specifications.
Source: L. 81: Entire article added, p. 1272, § 1, effective January 1, 1982. L. 96: Entire
section amended, p. 1537, § 112, effective June 1. L. 2017: Entire section amended, (HB 17-
1051), ch. 99, p. 329, § 31, effective August 9.
Sec. 24-104-205.
Maximum practicable competition. All specifications shall seek to
promote overall economy for the purposes intended and encourage competition in satisfying the
state's needs and shall not be unduly restrictive.
Source: L. 81: Entire article added, p. 1272, § 1, effective January 1, 1982.
Sec. 24-104-206.
Ownership considerations. When feasible, specifications shall incorporate
the concepts of energy efficiency, value analysis, and life-cycle cost.
Source: L. 81: Entire article added, p. 1272, § 1, effective January 1, 1982.
Sec. 24-104-207.
Specifications prepared by architects and engineers. The requirements
of this article regarding the purposes and nonrestrictiveness of specifications shall apply to all
specifications unless otherwise provided by law.
Source: L. 81: Entire article added, p. 1272, § 1, effective January 1, 1982.
Sec. 24-104-208.
Purchase of compost by governmental bodies - definitions. (1) In
addition to any other applicable requirement specified in the code, no compost may be purchased
by a governmental body unless the compost satisfies minimum standards specified by the
department of agriculture.
Colorado Revised Statutes 2024 Page 3070 of 3111 Uncertified Printout
(2)For purposes of this section, "compost" means a substance derived from a process of
biologically degrading organic materials that contains one or more essential available plant
nutrients and that complies with minimum standards for the identification of such substance
specified by the commissioner of agriculture by rule.
Source: L. 2017: Entire section added with relocated provisions, (HB 17-1051), ch. 99,
p. 329, § 32, effective August 9.
Editor's note: This section is similar to former § 24-103-209 as it existed prior to 2017.
For a detailed comparison of this section, see the comparative tables located in the back of the
index.
ARTICLE 105
Construction Contracts
PART 1
MANAGEMENT OF CONSTRUCTION CONTRACTING
Sec. 24-105-101.
Responsibility for selection of methods of construction contracting
management. The executive director may promulgate rules providing for as many alternative
methods of construction contracting management as he or she may determine to be feasible.
These rules may set forth criteria to be used in determining which method of construction
contracting management is to be used for a particular project, grant to the head of a division
within the department or the procurement official who is responsible for carrying out the
construction project the discretion to select the appropriate method of construction contracting
management for a particular project, and require the procurement agent to execute and include in
the contract file a written statement setting forth the facts which led to the selection of a
particular method of construction contracting management for each project.
Source: L. 81: Entire article added, p. 1272, § 1, effective January 1, 1982. L. 2017:
Entire section amended, (HB 17-1051), ch. 99, p. 329, § 33, effective August 9.
Sec. 24-105-102.
Performance evaluation reports - definitions. (Repealed)
Source: L. 2007: Entire section added, p. 1240, § 4, effective August 3. L. 2010:
(1)(a)(I) and (1)(b) amended, (SB 10-003), ch. 391, p. 1853, § 33, effective June 9. L. 2017:
Entire section repealed, (HB 17-1051), ch. 99, p. 354, § 77, effective August 9.
PART 2
BONDS
Colorado Revised Statutes 2024 Page 3071 of 3111 Uncertified Printout
Sec. 24-105-201.
Bid security. (1) Bid security shall be required for all invitations for bids
for construction contracts when the price is estimated by the procurement agent to exceed fifty
thousand dollars. Bid security shall be a bond provided by a surety company authorized to do
business in this state, the equivalent in cash, or otherwise supplied in a form satisfactory to the
state. Nothing in this subsection (1) prevents the requirement of such bonds on construction
contracts under fifty thousand dollars.
(2)Bid security shall be in an amount equal to at least five percent of the amount of the
bid.
(3)When the invitation for bids requires security, noncompliance requires that the bid be
rejected as nonresponsive.
(4)After the bids are opened, they shall be irrevocable for the period specified in the
invitation for bids, except as provided in section 24-103-202 (6). If a bidder is permitted to
withdraw his bid before award, no action shall be had against the bidder or the bid security.
Source: L. 81: Entire article added, p. 1273, § 1, effective January 1, 1982. L. 2017: (1)
amended, (HB 17-1051), ch. 99, p. 329, § 34, effective August 9.
Sec. 24-105-202.
Contract performance and payment bonds - applicability. (1) When a
construction contract is awarded in excess of one hundred fifty thousand dollars, the following
bonds or security shall be delivered to the state and shall become binding on the parties upon the
execution of the contract:
(a)A performance bond satisfactory to the state, executed by a surety company
authorized to do business in this state or otherwise secured in a manner satisfactory to the state,
in an amount equal to fifty percent of the price specified in the contract; and
(b)A payment bond satisfactory to the state, executed by a surety company authorized to
do business in this state or otherwise secured in a manner satisfactory to the state, for the
protection of all persons supplying labor and material to the contractor or its subcontractors for
the performance of the work provided for in the contract. The bond shall be in an amount equal
to fifty percent of the price specified in the contract.
(2)Nothing in this section shall be construed to limit the authority of the state to require
a performance bond or other security in addition to those bonds or in circumstances other than
those specified in subsection (1) of this section.
(3)Suits on payment bonds and labor and payment bonds shall be brought in accordance
with sections 38-26-105 to 38-26-107, C.R.S.
(4)This section applies to all construction contracts awarded to a private entity for
construction that is situated or located on publicly owned property using any public or private
money or public or private financing.
Source: L. 81: Entire article added, p. 1273, § 1, effective January 1, 1982. L. 2004:
IP(1) amended, p. 228, § 3, effective August 4. L. 2014: IP(1) amended, (HB 14-1387), ch. 378,
p. 1852, § 64, effective June 6. L. 2019: (4) added, (SB 19-138), ch. 117, p. 494, § 2, effective
August 2.
Cross references: (1) For the legislative declaration in HB 14-1387, see section 1 of
chapter 378, Session Laws of Colorado 2014.
Colorado Revised Statutes 2024 Page 3072 of 3111 Uncertified Printout
(2)For the legislative declaration in SB 19-138, see section 1 of chapter 117, Session
Laws of Colorado 2019.
Sec. 24-105-203.
Bond forms and copies. (1) The form of bonds required by this part 2
shall be as provided in sections 38-26-105 to 38-26-107, C.R.S.
(2)Any person may request and obtain from the state a certified copy of a bond upon
payment of the cost of reproduction of the bond and postage, if any. A certified copy of a bond
shall be prima facie evidence of the contents, execution, and delivery of the original.
Source: L. 81: Entire article added, p. 1273, § 1, effective January 1, 1982.
PART 3
CONSTRUCTION CONTRACT CLAUSES
AND FISCAL RESPONSIBILITY
Sec. 24-105-301.
Contract clauses and their administration. (1) The executive director
may promulgate rules requiring the inclusion in state construction contracts of clauses providing
for adjustments in prices, time of performance, and other appropriate contract provisions
affected by and covering the following subjects:
(a)The unilateral right of the state to order in writing changes in the work within the
scope of the contract and changes in the time of performance of the contract that do not alter the
scope of the contract work;
(b)Variations occurring between estimated quantities of work on a contract and actual
quantities;
(c)Suspension of work ordered by the state; and
(d)Site conditions differing from those indicated in the contract or ordinarily
encountered; except that differing site condition clauses required by the rules need not be
included in a contract when the contract is negotiated or when the contractor provides the site or
design.
(2)(a) Adjustments in price shall be computed in one or more of the following ways:
(I)By agreement on a fixed price adjustment before commencement of the pertinent
performance or as soon thereafter as practicable;
(II)By unit prices specified in the contract or subsequently agreed upon;
(III)By the costs attributable to the events or situations under such clauses with
adjustment of profit or fee, all as specified in the contract or subsequently agreed upon;
(IV)In such other manner as the contracting parties may mutually agree; or
(V)In the absence of agreement by the parties, by a unilateral determination by the state
of the costs attributable to the events or situations under such clauses with adjustment of profit or
fee, all as computed by the state pursuant to the applicable sections of any rules issued under
section 24-106-108, and subject to the provisions of article 109 of this title 24.
(b)A contractor shall be required to submit cost or pricing data if any adjustment in
contract price is subject to the provisions of section 24-103-403.
Colorado Revised Statutes 2024 Page 3073 of 3111 Uncertified Printout
(3)The executive director shall promulgate rules requiring the inclusion in state
construction contracts of clauses providing for appropriate remedies and covering the following
subjects:
(a)Liquidated damages as appropriate;
(b)Specified excuses for delay or nonperformance;
(c)Termination of the contract for default; and
(d)Termination of the contract in whole or in part for the convenience of the state.
(4)The contract clauses promulgated under this section may be set forth in rules; except
that such rules shall be consistent with section 24-91-103.5 (1) and (2) and section 24-30-1303
(1)(s)(IV).
Source: L. 81: Entire article added, p. 1274, § 1, effective January 1, 1982. L. 89: (4)
amended, p. 1143, § 3, effective April 10. L. 2017: IP(1), (2)(a)(V), and (4) amended, (HB 17-
1051), ch. 99, p. 330, § 35, effective August 9.
Sec. 24-105-302.
Fiscal responsibility. Every contract modification or contract price
adjustment under a construction contract with the state in excess of an amount specified in the
contract shall be subject to prior written certification by the controller or other official
responsible for monitoring and reporting upon the status of the costs of the total project or
contract budget as to the effect of the contract modification or adjustment in contract price on the
total project or contract budget. In the event that the certification of the controller or other
responsible official discloses a resulting increase in the total project or contract budget, the
procurement agent shall not execute or make such contract modification or adjustment in
contract price unless sufficient funds are available therefor or the scope of the project or contract
is adjusted so as to permit the degree of completion that is feasible within the total project or
contract budget as it existed prior to the contract modification or adjustment in contract price
under consideration; except that, with respect to the validity of any executed contract
modification or adjustment in contract price which the contractor has reasonably relied upon, it
shall be presumed that there has been compliance with the provisions of this section.
Source: L. 81: Entire article added, p. 1275, § 1, effective January 1, 1982. L. 2017:
Entire section amended, (HB 17-1051), ch. 99, p. 330, § 36, effective August 9.
ARTICLE 106
Modification and Termination of Contracts
Sec. 24-106-101.
Contract clauses - price adjustments - additional clauses - modification.
(1)The executive director may promulgate rules permitting or requiring the inclusion of clauses
providing for adjustments in prices, time of performance, or other appropriate clauses covering
the following:
(a)The unilateral right of the state to order, in writing, changes in the work within the
scope of the contract and temporary stopping of work or delaying of performance; and
(b)Variations occurring between estimated quantities of work in a contract and actual
quantities.
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(2)(a) Adjustments in price pursuant to clauses promulgated under subsection (1) of this
section shall be computed in one or more of the following ways:
(I)By agreement on a fixed price adjustment before commencement of the pertinent
performance or as soon thereafter as practicable;
(II)By unit prices specified in the contract or subsequently agreed upon;
(III)By the costs attributable to the events or situations under such clauses with
adjustment of profit or fee, all as specified in the contract or subsequently agreed upon;
(IV)In such other manner as the contracting parties may mutually agree; or
(V)In the absence of agreement by the parties, by a unilateral determination by the state
of the costs attributable to the events or situations under such clauses with adjustment of profit or
fee, all as computed by the state in accordance with applicable sections of the rules promulgated
under article 107 of this title and subject to the provisions of article 109 of this title.
(b)A contractor shall be required to submit cost or pricing data if any adjustment in
contract price is subject to the provisions of section 24-103-403.
(3)The executive director may promulgate rules including, but not limited to, rules
permitting or requiring the inclusion in state contracts of clauses providing for appropriate
remedies and covering the following subjects:
(a)Liquidated damages as appropriate;
(b)Specified excuses for delay or nonperformance;
(c)Termination of the contract for default; and
(d)Termination of the contract in whole or in part for the public interest of the state.
(4)Any contract clauses promulgated under this section may be set forth in rules; except
that such rules shall be consistent with section 24-91-103.5 (1) and (2). However, the executive
director or the procurement official may vary the clauses for inclusion in any particular state
contract so long as any variations are supported by a written determination that describes the
circumstances justifying such variations and notice of any material variation is stated in the
invitation for bids or request for proposals. No variation that is inconsistent with section 24-91-
103.5 (1) and (2) shall be made pursuant to this subsection (4).
Source: L. 81: Entire article added, p. 1275, § 1, effective January 1, 1982. L. 89: (4)
amended, p. 1143, § 4, effective April 10. L. 96: (4) amended, p. 1537, § 113, effective June 1.
L. 2017: (3)(d) and (4) amended, (HB 17-1051), ch. 99, p. 330, § 37, effective August 9.
Sec. 24-106-102.
Supplementary general principles of law applicable. Unless displaced by
the particular provisions of this code, the principles of law and equity, including the "Uniform
Commercial Code", the law merchant, and any law relative to capacity to contract, agency,
fraud, misrepresentation, duress, coercion, mistake, or bankruptcy shall supplement the
provisions of this code.
Source: L. 2017: Entire section added with relocated provisions, (HB 17-1051), ch. 99,
p. 331, § 38, effective August 9.
Editor's note: This section is similar to former § 24-101-103 as it existed prior to 2017.
For a detailed comparison of this section, see the comparative tables located in the back of the
index.
Colorado Revised Statutes 2024 Page 3075 of 3111 Uncertified Printout
Sec. 24-106-103.
Centralized contract management system - personal services contracts
- legislative declaration - definitions. (1) (a) The general assembly hereby finds and declares
that by enacting this section the general assembly intends to centralize the location of
information about personal services contracts and provide for legislative, executive, and public
access to all personal services contracts entered into by any governmental body.
(b)For purposes of this section, "governmental body" shall have the same meaning as
set forth in section 24-101-301 (18); except that, for purposes of this section, "governmental
body" shall also include elected officials.
(2)[Editor's note: This version of subsection (2) is effective until July 1, 2025.] This
section shall apply to any personal services contract to which the state is a party the value of
which exceeds one hundred thousand dollars with the exception of any contract to which the
state is a party under medicare, the "Colorado Medical Assistance Act", articles 4 to 6 of title
25.5, the "Children's Basic Health Plan Act", article 8 of title 25.5, or the "Colorado Indigent
Care Program", part 1 of article 3 of title 25.5.
(2)[Editor's note: This version of subsection (2) is effective July 1, 2025.] This section
applies to any personal services contract to which the state is a party the value of which exceeds
one hundred thousand dollars with the exception of any contract to which the state is a party
under medicare, the "Colorado Medical Assistance Act", articles 4 to 6 of title 25.5, or the
"Children's Basic Health Plan Act", article 8 of title 25.5.
(3)(a) On or before June 30, 2009, the department shall implement and maintain a
centralized contract management system for the purpose of monitoring all personal services
contracts entered into by a governmental body that are subject to the requirements of this
section. With respect to each contract entered into by a governmental body, information
contained in the system shall include, without limitation, the following:
(I)The governmental body that entered into the personal services contract;
(II)The persons or entities with which the governmental body is contracting;
(III)The purpose of the personal services contract;
(IV)The effective dates, expiration dates, and any renewal periods of the personal
services contract;
(V)The vendor selection method upon which the personal services contract was
awarded, whether competitively procured, awarded on a sole-source basis, or otherwise. Where
the contract has been awarded on a sole-source basis, the governmental body shall certify that
the governmental body has followed the requirements of subsection (5) of this section.
(VI)The total amount of the personal services contract and any amendments to the
contract;
(VII)Whether any services under the personal services contract, or any subcontracts to
the contract that directly relate to the services provided under the contract, are anticipated to be
performed outside the United States or the state as disclosed in the statement of work pursuant to
section 24-102-206 and the vendor's justification for obtaining services outside the United States
or the state in accordance with the requirements of section 24-102-206; and
(VIII)Upon completion of the personal services contract, the extent as disclosed by the
vendor to which any services under the contract, or any subcontracts to the contract that directly
relate to the services provided under the contract, were performed outside the United States or
the state.
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(b)Each governmental body shall be responsible for gathering relevant information for
inclusion in the centralized contract management system in accordance with the requirements of
subsection (3)(a) of this section.
(c)The centralized contract management system required to be maintained by the
department pursuant to subsection (3)(a) of this section shall be a publicly available database of
all personal services contracts entered into by any governmental body, accessible from the
website maintained by the state. Information concerning contracts contained in the database and
accessible on the website shall be searchable by criteria enumerated in subparagraphs (I) to
(VIII)of subsection (3)(a) of this section. Information in the database shall be either presented in
plain and nontechnical language or by means of key terms that are clearly and easily defined.
(d)Any new personal services contracts subject to the requirements of this section shall
be added to the centralized contract management system maintained by the department pursuant
to subsection (3)(a) of this section not more than thirty days after the execution of the contract.
(4)The centralized contract management system required to be maintained by the
department pursuant to subsection (3)(a) of this section shall include information concerning
personal services expenditures by the governmental body and types of services. The types of
services that may be designated shall include, without limitation, professional technical,
nonprofessional support, purchased services, architectural, engineering and construction trades,
and professional equipment repair.
(5)Prior to entering into a sole-source personal services contract, the governmental body
shall attempt to identify competing vendors by placing a notice on the state's electronic
procurement system for not less than three business days. If the governmental body receives any
responses to the notice from qualified and responsible vendors that are able to meet the
specifications identified in the notice and that are not otherwise prohibited from bidding on the
contract, the sole-source selection method shall not be used.
Source: L. 2017: Entire section added with relocated provisions, (HB 17-1051), ch. 99,
p. 331, § 38, effective August 9. L. 2024: (2) amended, (HB 24-1399), ch. 76, p. 256, § 17,
effective July 1, 2025.
Editor's note: This section is similar to former § 24-102-205 as it existed prior to 2017.
For a detailed comparison of this section, see the comparative tables located in the back of the
index.
Sec. 24-106-104.
Types of contracts. Subject to the limitations of this section, any type of
contract which will promote the best interests of the state may be used; except that the use of a
cost-plus-a-percentage-of-cost contract is prohibited. A contingency-based contract may be used
only upon approval by the governor's office of state planning and budgeting pursuant to section
Sec. 24-17-204.
A cost-reimbursement contract may be used only when a determination is made in
writing that such contract is likely to be less costly to the state than any other type of contract or
that it is impracticable to obtain the supplies, services, or construction required unless the cost-
reimbursement contract is used.
Source: L. 2017: Entire section added with relocated provisions, (HB 17-1051), ch. 99,
p. 331, § 38, effective August 9.
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Editor's note: This section is similar to former § 24-103-501 as it existed prior to 2017.
For a detailed comparison of this section, see the comparative tables located in the back of the
index.
Sec. 24-106-105.
Multiyear contracts. (1) Unless otherwise provided by law, a contract for
supplies or services may be entered into for any period of time deemed to be in the best interests
of the state if the term of the contract and conditions of renewal or extension, if any, are included
in the solicitation and if funds are available for the first year at the time of contracting. If the
chief procurement officer determines that extenuating circumstances exist and an extension of
the contract beyond the term included in the solicitation is in the best interest of the
governmental body, then the chief procurement officer may approve a longer term for a
reasonable time based on what is practicable and necessary given the circumstances. The state
shall initiate the renewal or extension of a contract for supplies or services. Payment and
performance obligations for succeeding fiscal years shall be subject to the availability and
appropriation of funds therefor.
(2)Prior to the utilization of a multiyear contract, it shall be determined in writing:
(a)That estimated requirements cover the period of the contract and are reasonably firm
and continuing; and
(b)That such a contract will serve the best interests of the state by encouraging effective
competition or otherwise promoting economies in state procurement.
(3)When funds are not appropriated or otherwise made available to support continuation
of performance in a subsequent fiscal year, the contract shall be canceled, and the contractor may
be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in
the price of the supplies or services delivered under the contract.
Source: L. 2017: Entire section added with relocated provisions, (HB 17-1051), ch. 99,
p. 331, § 38, effective August 9.
Editor's note: This section is similar to former § 24-103-503 as it existed prior to 2017.
For a detailed comparison of this section, see the comparative tables located in the back of the
index.
Sec. 24-106-106.
Right to audit records. The state shall be entitled to audit the books and
records of any contractor or subcontractor under any negotiated contract or subcontract to the
extent that the books and records relate to the performance of a state contract or subcontract, if
the state is able, in conducting any such audit, to maintain the confidentiality of any information
contained in the books and records that is deemed proprietary as determined by the state. Such
books and records shall be maintained by the contractor for a period of six years after the date of
final payment under the prime contract and by the subcontractor for a period of six years after
the date of final payment under the subcontract, unless a shorter period is otherwise authorized
in writing.
Source: L. 2017: Entire section added with relocated provisions, (HB 17-1051), ch. 99,
p. 331, § 38, effective August 9.
Colorado Revised Statutes 2024 Page 3078 of 3111 Uncertified Printout
Editor's note: This section is similar to former § 24-103-601 as it existed prior to 2017.
For a detailed comparison of this section, see the comparative tables located in the back of the
index.
Sec. 24-106-107.
Monitoring of vendor performance - definitions. (1) For purposes of this
section, "governmental body" has the same meaning as set forth in section 24-101-301 (18);
except that, for purposes of this section, "governmental body" shall also include elected officials.
(2)Each personal services contract entered into pursuant to this code with a value of one
hundred thousand dollars or more shall contain:
(a)Performance measures and standards developed specifically for the contract by the
governmental body administering the contract. The performance measures and standards shall be
negotiated by the governmental body and the vendor prior to execution of the contract and shall
be incorporated into the contract. The measures and standards shall be used by the governmental
body to evaluate the performance of the vendor under the contract.
(b)An accountability section that requires the vendor to report regularly on achievement
of the performance measures and standards specified in the contract and that allows the
governmental body to withhold payment until successful completion of all or part of the contract
and the achievement of established performance standards. The accountability section shall
include a requirement that payment by the governmental body to the vendor shall be made
without delay upon successful completion of all or any part of the contract in accordance with
the payment schedule specified in the contract or as otherwise agreed upon by the parties.
(c)Monitoring requirements that specify how the governmental body will evaluate the
vendor's performance, including progress reports, site visits, inspections, and reviews of
performance data. The governmental body shall use one or more monitoring processes to ensure
that the results, objectives, and obligations of the contract are met.
(d)Methods and mechanisms to resolve any situation in which the governmental body's
monitoring assessment determines noncompliance, including termination of the contract.
(3)Each governmental body administering the personal services contract shall, within
existing resources of the governmental body, designate a contract manager with subject matter
expertise within the governmental body responsible for day-to-day management of the contract,
including performance monitoring.
(4)If the governmental body determines that the vendor has not complied with the
contract terms, including but not limited to performance standards and measurable outcomes, the
state may pursue remedies in accordance with article 109 of this title 24 and shall be entitled to
any remedy available under law in the case of contract nonperformance, including but not
limited to termination of the contract and the return of any and all payments made to the vendor
by the state under the contract; except that the recovery of any moneys by the state shall be
reduced by the value of any contractual benefits realized by the state from partial performance
by the vendor under the contract. If a vendor is deemed to be in default under any one particular
contract with the state, the state may, upon a showing of good cause, declare any or all other
contracts it has entered into with the vendor to be in default.
(5)[Editor's note: This version of subsection (5) is effective until July 1, 2025.]
Notwithstanding any other provision of this section, nothing in this section shall be construed to
apply to any contract to which the state is a party under medicare, the "Colorado Medical
Colorado Revised Statutes 2024 Page 3079 of 3111 Uncertified Printout
Assistance Act", articles 4 to 6 of title 25.5, the "Children's Basic Health Plan Act", article 8 of
title 25.5, or the "Colorado Indigent Care Program", part 1 of article 3 of title 25.5.
(5)[Editor's note: This version of subsection (5) is effective July 1, 2025.]
Notwithstanding this section to the contrary, this section does not apply to any contract to which
the state is a party under medicare, the "Colorado Medical Assistance Act", articles 4 to 6 of title
25.5, or the "Children's Basic Health Plan Act", article 8 of title 25.5.
Source: L. 2017: Entire section added with relocated provisions, (HB 17-1051), ch. 99,
p. 331, § 38, effective August 9. L. 2024: (5) amended, (HB 24-1399), ch. 76, p. 256, § 18,
effective July 1, 2025.
Editor's note: This section is similar to former § 24-103.5-101 as it existed prior to
2017. For a detailed comparison of this section, see the comparative tables located in the back of
the index.
Sec. 24-106-108.
Administrative rules - cost reimbursement. The executive director may
promulgate rules setting forth cost principles which may be used to determine the allowability of
incurred costs for the purpose of reimbursing costs under contract provisions which provide for
the reimbursement of costs.
Source: L. 2017: Entire section added with relocated provisions, (HB 17-1051), ch. 99,
p. 331, § 38, effective August 9.
Editor's note: This section is similar to former § 24-107-101 as it existed prior to 2017.
For a detailed comparison of this section, see the comparative tables located in the back of the
index.
Sec. 24-106-109.
Terms and conditions in contracts. Any term or condition in any contract
entered into by the state that requires the state to indemnify or hold harmless another person,
except as otherwise authorized by law, or by which the state agrees to binding arbitration or any
other binding extra-judicial dispute resolution process in which the final resolution is not
determined by the state, or by which the state agrees to limit liability of another person for
bodily injury, death, or damage to tangible property of the state caused by the negligence or
willful misconduct of such person or such person's employees or agents shall be void ab initio;
except that the contract containing that term or condition shall otherwise be enforceable as if it
did not contain such term or condition. All contracts entered into by the state, except for
contracts with another government, shall be governed by Colorado law notwithstanding any term
or condition to the contrary.
Source: L. 2017: Entire section added, (HB 17-1051), ch. 99, p. 338, § 39, effective
August 9.
ARTICLE 107
Cost Principles
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Sec. 24-107-101.
Administrative rules - cost reimbursement. (Repealed)
Source: L. 81: Entire article added, p. 1276, § 1, effective January 1, 1982. L. 2017:
Entire section repealed, (HB 17-1051), ch. 99, p. 354, § 76, effective August 9.
Editor's note: This section was relocated to § 24-106-108 in 2017.
ARTICLE 108
Supply Management
24-108-101 to 24-108-401. (Repealed)
Source: L. 86: Entire article repealed, p. 757, § 13, effective July 1, 1987.
Editor's note: This article was added in 1981. For amendments to this article prior to its
repeal in 1987, consult the Colorado statutory research explanatory note and the table itemizing
the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on
page vii in the front of this volume.
ARTICLE 109
Remedies
PART 1
PRELITIGATION RESOLUTION OF CONTROVERSIES
Sec. 24-109-101.
Resolution of controversies. (Repealed)
Source: L. 81: Entire article added, p. 1277, § 1, effective January 1, 1982. L. 96: IP(1)
and (2) amended, p. 1537, § 114, effective June 1. L. 2017: Entire section repealed, (HB 17-
1051), ch. 99, p. 354, § 76, effective August 9.
Editor's note: This section was relocated to § 24-109-101.5 in 2017.
Sec. 24-109-101.1.
Definitions. As used in this article 109, unless the context otherwise
requires:
(1)"Aggrieved party" means any actual or prospective bidder, offeror, or contractor who
believes that he or she has suffered a denial of legal rights under this code in connection with the
solicitation or award of a contract. For purposes of contract controversies, an aggrieved party
may also be the contractor.
(2)"Material issue" means a nontrivial defect in the solicitation or award that would
prejudice the outcome of the procurement. The presence of multiple nonmaterial issues in a
Colorado Revised Statutes 2024 Page 3081 of 3111 Uncertified Printout
solicitation or award does not constitute a material issue unless the aggrieved party can establish
that those nonmaterial issues together would prejudice the outcome of the procurement.
Source: L. 2017: Entire section added, (HB 17-1051), ch. 99, p. 339, § 40, effective
August 9.
Sec. 24-109-101.5.
Resolution of controversies. (1) The procurement official or his or her
designee is authorized to settle and resolve any questions regarding:
(a)Any protest concerning the solicitation or award of a contract;
(b)Debarment or suspension from consideration for award of contracts; and
(c)Any controversy arising between the state and a contractor by virtue of a contract
between them, including, without limitation, controversies based upon breach of contract,
mistake, misrepresentation, or any other cause for contract modification or rescission.
(2)Any decision of the procurement official or his or her designee with respect to a
material issue raised in a protest is subject to appeal pursuant to part 2 of this article 109.
(3)Except for appeals referred to the office of administrative courts pursuant to section
24-109-201, the provisions of section 24-4-105 shall not apply to the administrative procedures
established pursuant to this article 109.
Source: L. 2017: Entire section added with relocated provisions, (HB 17-1051), ch. 99,
p. 339, § 41, effective August 9.
Editor's note: This section is similar to former § 24-109-101 as it existed prior to 2017.
For a detailed comparison of this section, see the comparative tables located in the back of the
index.
Sec. 24-109-102.
Protested solicitations and awards. (1) Any aggrieved party in
connection with the solicitation or award of a contract may protest to the procurement official or
his or her designee. The protest of an invitation for bids or a request for proposals shall be
submitted in writing to the procurement official or his or her designee within ten business days
after such aggrieved party knows or should have known of the facts giving rise thereto. The
protest of a small purchase solicitation or award of contract shall be submitted in writing to the
procurement official or his or her designee within three business days, unless the procurement
official otherwise extends the time period to ten business days, after such aggrieved party knows
or should have known of the facts giving rise thereto.
(2)The procurement official or his or her designee shall have the authority to settle and
resolve a protest of an aggrieved party concerning the solicitation or award of a contract. A
written decision regarding the protest shall be rendered within ten business days after the protest
is filed. The decision shall be based on and limited to a review of the material issues raised by
the aggrieved party and shall set forth each factor taken into account in reaching the decision.
This authority shall be exercised pursuant to rules promulgated by the executive director to
provide for the expeditious resolution of the protest. Remedies awarded pursuant to this decision,
if any, shall be limited to those set forth in part 5 of this article 109.
(3)If the procurement official or his or her designee does not issue a written decision
regarding a solicitation or award within the period specified in this article 109 or within such
Colorado Revised Statutes 2024 Page 3082 of 3111 Uncertified Printout
longer period as may be agreed upon by the procurement official and the aggrieved party, then
the aggrieved party may proceed as if the procurement official or his or her designee had
rendered an adverse decision.
Source: L. 81: Entire article added, p. 1278, § 1, effective January 1, 1982. L. 96: (2)
amended, p. 161, § 2, effective April 8; (1) and (2) amended, p. 1538, § 115, effective June 1. L.
2017: Entire section amended, (HB 17-1051), ch. 99, p. 340, § 42, effective August 9.
Editor's note: Amendments to subsection (2) by Senate Bill 96-228 and House Bill 96-
1225 were harmonized.
Sec. 24-109-103.
Stay of procurements. A contract resulting from a request for proposals is
not awarded until any protest made in connection with the request for proposals has been
resolved pursuant to section 24-109-102 (2).
Source: L. 81: Entire article added, p. 1278, § 1, effective January 1, 1982. L. 85: Entire
section repealed, p. 875, § 12, effective June 6. L. 2017: Entire section RC&RE, (HB 17-1051),
ch. 99, p. 340, § 43, effective August 9.
Sec. 24-109-104.
Entitlement to costs. (Repealed)
Source: L. 81: Entire article added, p. 1278, § 1, effective January 1, 1982. L. 85: Entire
section amended, p. 874, § 4, effective June 6. L. 2017: Entire section repealed, (HB 17-1051),
ch. 99, p. 354, § 77, effective August 9.
Sec. 24-109-105.
Debarment and suspension. (1) (a) After reasonable notice to the person
involved and reasonable opportunity for that person to be heard, the procurement official or his
or her designee, after consultation with the using agency and the attorney general, shall have
authority to debar a person for any of the reasons set forth in subsection (2) of this section from
consideration for award of contracts. The debarment shall not be for a period of more than three
years; except that, if a person is convicted of a crime specified in subsection (2) of this section,
the length of the debarment period must equal the length of the confinement sentence including
the period of mandatory parole if imposed or the length of the probation sentence.
(b)The procurement official or his or her designee, after consultation with the using
agency and the attorney general, shall have authority to suspend a person from consideration for
award of contracts if there is probable cause to believe that such person has engaged in activities
that may lead to debarment. The suspension shall not be for a period exceeding three months.
However, if a criminal charge has been issued for an offense that would be a cause for
debarment under subsection (2) of this section, the suspension shall, at the request of the attorney
general, remain in effect until after the trial of the suspended person. If a person is suspended
because a criminal charge has been issued against an officer, director, partner, manager, key
employee, or other principal of the suspended person, the suspension may remain in effect until
after the trial of the officer, director, partner, manager, key employee, or other principal or until
after the charges against such officer, director, partner, manager, key employee, or other
principal have been dismissed.
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(c)The authority to debar or suspend shall be exercised pursuant to rules which shall
provide for an expeditious resolution of the issue of debarment or suspension.
(2)A person may be debarred for any of the following reasons:
(a)Conviction of a criminal offense as an incident to obtaining or attempting to obtain a
public or private contract or subcontract or in the performance of such contract or subcontract;
(b)Conviction under state or federal statutes of embezzlement, theft, forgery, bribery,
falsification or destruction of records, or receiving stolen property;
(c)Conviction under state or federal antitrust statutes arising out of the submission of
bids or proposals;
(d)Willful material failure to perform in accordance with the terms of one or more
contracts, following notice of such failure, or a history of material failure to perform, or of
materially unsatisfactory performance of, one or more contracts;
(e)The person is currently under debarment by any other governmental entity which is
based upon a settlement agreement or a final administrative or judicial determination issued by a
federal, state, or local governmental entity;
(f)The department of labor and employment has imposed three fines on a contractor
within five years pursuant to section 8-17-104, C.R.S., for failure to satisfy Colorado labor
requirements; or
(g)The person willfully falsified documentation or willfully misrepresented their
qualifications required to comply with the contract.
Source: L. 81: Entire article added, p. 1278, § 1, effective January 1, 1982. L. 92: (2)(e)
amended, p. 1090, § 1, effective July 1. L. 96: (2)(d) amended, p. 162, § 3, effective April 8;
(1)(a) and (1)(b) amended, p. 1538, § 116, effective June 1. L. 2010: (1)(b) amended, (HB 10-
1181), ch. 351, p. 1629, § 24, effective June 7. L. 2013: (2)(f) added, (HB 13-1292), ch. 266, p.
1406, § 15, effective May 24. L. 2017: (1)(a) and (1)(b) amended, (HB 17-1051), ch. 99, p. 340,
§ 44, effective August 9. L. 2019: (2)(e) and (2)(f) amended and (2)(g) added, (SB 19-196), ch.
316, p. 2956, § 3, effective August 2.
Cross references: In 2013, subsection (2)(f) was added by the "Keep Jobs in Colorado
Act of 2013". For the short title, see section 1 of chapter 266, Session Laws of Colorado 2013.
Sec. 24-109-106.
Resolution of contract and breach of contract controversies -
applicability - authority. (1) This section applies to controversies between the state and a
contractor which arise under, or by virtue of, a contract between them, including, without
limitation, controversies which are based upon breach of contract, mistake, misrepresentation, or
any other cause for contract modification or rescission.
(1.5)When a controversy cannot be resolved by mutual agreement, the aggrieved party
may submit the controversy to the procurement official. The procurement official or his or her
designee shall, within twenty business days after receiving a written request by the aggrieved
party for a final decision, issue a written decision.
(2)The procurement official or his or her designee is authorized to settle and resolve any
controversy described in subsection (1) of this section. This authority shall be exercised pursuant
to rules promulgated by the executive director which shall provide for an expeditious resolution
of the controversy.
Colorado Revised Statutes 2024 Page 3084 of 3111 Uncertified Printout
Source: L. 81: Entire article added, p. 1279, § 1, effective January 1, 1982. L. 96: (2)
amended, p. 1538, § 117, effective June 1. L. 2017: Entire section amended, (HB 17-1051), ch.
99, p. 341, § 45, effective August 9.
Sec. 24-109-107.
Issuance and appeal of decision. (1) The procurement official or his or
her designee shall issue a written decision within the periods specified in this article 109
regarding any protest, debarment or suspension, or contract controversy if it is not settled by
mutual agreement. The decision shall state the reasons for the action taken and give notice to the
aggrieved party of his or her right to administrative review of any material issue and judicial
review as provided for in this article 109.
(2)A decision shall be effective unless reversed on appeal. A copy of the decision
rendered under subsection (1) of this section shall be mailed or otherwise furnished immediately
to the aggrieved party. The decision shall be final and conclusive unless the aggrieved party
appeals the decision to the executive director or commences an action in court pursuant to this
article 109. Except for appeals referred to the office of administrative courts pursuant to section
24-109-201, an appeal from a decision under this section shall not be subject to the provisions of
section 24-4-105.
(3)If the procurement official or his or her designee does not issue a written decision
regarding a contract controversy within twenty business days after written request for a final
decision, or within such longer period as may be agreed upon by the procurement official or his
or her designee and the contractor, then the contractor may proceed as if a decision against him
or her had been rendered.
Source: L. 81: Entire article added, p. 1279, § 1, effective January 1, 1982. L. 85: Entire
section amended, p. 874, § 5, effective June 6. L. 96: (1) and (3) amended, p. 1539, § 118,
effective June 1. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 341, § 46, effective
August 9.
Sec. 24-109-108.
Computation of time. For the purposes of this article 109, in computing
time for a period of days, the first business day is excluded and the last business day is included.
Source: L. 2017: Entire section added, (HB 17-1051), ch. 99, p. 342, § 47, effective
August 9.
PART 2
APPEALS
Law reviews: For article, "Administrative Law", which discusses Tenth Circuit decisions
dealing with questions of administrative law, see 63 Den. U.L. Rev. 165 (1986).
Sec. 24-109-201.
Appeal to the executive director - stay of procurements. (1) Unless an
action has been initiated previously in the district court of the city and county of Denver
pursuant to this article 109, the executive director shall have the authority to review and
determine any appeal by an aggrieved party from a decision of the procurement official or his or
Colorado Revised Statutes 2024 Page 3085 of 3111 Uncertified Printout
her designee rendered pursuant to section 24-109-107. The executive director is authorized to
designate another person to exercise his or her powers pursuant to this part 2. The executive
director or his or her designee may refer an appeal to the office of administrative courts to
review and determine any appeal pursuant to section 24-30-1001. If the aggrieved party files an
action with the district court of the city and county of Denver pursuant to section 24-109-205 at
any time during the review by the executive director or his or her designee, the authority of the
executive director or the executive director's designee is terminated.
(2)A contract for a total value of one million five hundred thousand dollars or more
resulting from a request for proposals is not awarded until any appeal made in connection with
the request for proposals has been resolved pursuant to this part 2; except that the executive
director or the executive director's designee may override the stay if he or she determines that
such override is in the best interest of the state.
Source: L. 81: Entire article added, p. 1280, § 1, effective January 1, 1982. L. 96: Entire
section amended, p. 1539, § 119, effective June 1. L. 2017: Entire part amended, (HB 17-1051),
ch. 99, p. 342, § 48, effective August 9.
Sec. 24-109-202.
Rules of procedure. (1) The executive director shall adopt rules of
procedure which, to the fullest extent possible, provide for the expeditious resolution of appeals
of controversies. The only parties to the appeals shall be the aggrieved parties and the
appropriate governmental body. Section 24-4-105 shall not apply to reviews and determinations
made by the executive director or his or her designee pursuant to this article 109.
(2)An appeal is limited to only the material issues raised in the original protest; except
that the appeal may include new evidence or additional information related to those material
issues or material issues related to the conduct of the protest.
Source: L. 81: Entire article added, p. 1280, § 1, effective January 1, 1982. L. 85: Entire
section amended, p. 874, § 6, effective June 6. L. 96: Entire section amended, p. 1539, § 120,
effective June 1. L. 2017: Entire part amended, (HB 17-1051), ch. 99, p. 343, § 48, effective
August 9.
Sec. 24-109-203.
Time limitation for appeals. (1) In the case of an appeal to the executive
director from a decision regarding a protested solicitation or award, the aggrieved party shall file
an appeal within ten business days of the date that a decision is mailed or otherwise furnished to
the aggrieved party pursuant to section 24-109-107 (2).
(2)In the case of an appeal to the executive director from a decision regarding a
debarment, suspension, or contract controversy, the aggrieved party shall file an appeal within
twenty business days of a decision rendered or deemed to be rendered pursuant to section 24-
109-107.
Source: L. 81: Entire article added, p. 1280, § 1, effective January 1, 1982. L. 85: Entire
section amended, p. 874, § 7, effective June 6. L. 2017: Entire part amended, (HB 17-1051), ch.
99, p. 343, § 48, effective August 9.
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Sec. 24-109-204.
Decisions of the executive director. (1) On each appeal submitted, the
executive director or his or her designee shall promptly decide the contract controversy,
debarment, or suspension or whether the solicitation or award was in accordance with the
procedures provided in this code, regulations enacted pursuant to this code, and the terms and
conditions of the solicitation. The decision shall be in writing. A copy of any decision shall be
provided to the aggrieved party and the procurement official of the using agency.
(2)In the case of any protest concerning the solicitation or award of a contract or of
debarment or suspension from consideration for award of contract or contract controversy, a
written decision shall be issued within thirty business days after receipt of the appeal.
(3)If the executive director or his or her designee determines that the solicitation or
award was not in accordance with this code, remedies awarded in the decision, if any, shall be
limited to those set forth in part 5 of this article 109.
Source: L. 81: Entire article added, p. 1280, § 1, effective January 1, 1982. L. 85: Entire
section amended, p. 874, § 8, effective June 6. L. 96: Entire section amended, p. 162, § 4,
effective April 8. L. 2017: Entire part amended, (HB 17-1051), ch. 99, p. 343, § 48, effective
August 9.
Sec. 24-109-205.
Appeals to district court. An appeal of a decision of the executive director
or his or her designee rendered pursuant to section 24-109-201 or by the procurement official or
his or her designee rendered pursuant to section 24-109-107 shall be filed with the district court
for the city and county of Denver, which shall have exclusive jurisdiction to hear such appeals.
The provisions of section 24-4-106 shall not apply to any appeal to the district court under this
part 2.
Source: L. 81: Entire article added, p. 1280, § 1, effective January 1, 1982. L. 85: Entire
section amended, p. 875, § 9, effective June 6. L. 96: Entire section amended, p. 1539, § 121,
effective June 1. L. 2017: Entire part amended, (HB 17-1051), ch. 99, p. 344, § 48, effective
August 9.
Sec. 24-109-206.
Time limitations on appeals to the district court. (1) A judicial review of
a decision of the executive director or his or her designee or of the procurement official or his or
her designee shall be initiated within the following time periods:
(a)In the case of an action between the state and an aggrieved party aggrieved in
connection with the solicitation or award of a contract, within ten business days after the
decision is rendered;
(b)In the case of a suspension or debarment, within six months after the decision is
rendered; or
(c)In the case of an action on a contract or for breach of a contract, within twenty
business days after the date the decision is rendered.
Source: L. 81: Entire article added, p. 1280, § 1, effective January 1, 1982. L. 96: IP(1)
amended, p. 1540, § 122, effective June 1. L. 2017: Entire part amended, (HB 17-1051), ch. 99,
p. 344, § 48, effective August 9.
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PART 3
INTEREST
Sec. 24-109-301.
Interest. Except for interest payable on liability incurred by the state under
section 24-30-202 (24), interest on amounts determined to be due to a contractor or to the state
under this code shall accrue from the date the controversy was submitted pursuant to section 24-
109-106 through the final resolution of the controversy by the procurement official or upon final
determination of the executive director or adjudication of the Denver district court, whichever
occurs last. Interest shall be calculated at the amount due at the rate set forth in the contract or at
the rate of one percent per month, whichever is greater, until the amount is paid in full.
Source: L. 81: Entire article added, p. 1281, § 1, effective January 1, 1982. L. 2017:
Entire section amended, (HB 17-1051), ch. 99, p. 344, § 49, effective August 9.
PART 4
SOLICITATIONS AND AWARDS IN VIOLATION OF THE LAW
Sec. 24-109-401.
Applicability. (Repealed)
Source: L. 81: Entire article added, p. 1281, § 1, effective January 1, 1982. L. 2017:
Entire section repealed, (HB 17-1051), ch. 99, p. 354, § 77, effective August 9.
Sec. 24-109-402.
Remedies prior to an award. (Repealed)
Source: L. 81: Entire article added, p. 1281, § 1, effective January 1, 1982. L. 2017:
Entire section repealed, (HB 17-1051), ch. 99, p. 354, § 77, effective August 9.
Sec. 24-109-403.
Remedies after an award. (Repealed)
Source: L. 81: Entire article added, p. 1281, § 1, effective January 1, 1982. L. 2017:
Entire section repealed, (HB 17-1051), ch. 99, p. 354, § 77, effective August 9.
Sec. 24-109-404.
Liability of public employees. If any governmental body purchases any
supplies, services, or construction contrary to the provisions of this code or the rules
promulgated pursuant thereto, the head of such governmental body and the public employee,
which for the purposes of this section includes elected officials, actually making such purchase
shall be personally liable for the costs of such supplies, services, or construction. If such
supplies, services, or construction are unlawfully purchased and paid for with state moneys, the
amount thereof may be recovered in the name of the state in an appropriate civil action.
Source: L. 81: Entire article added, p. 1281, § 1, effective January 1, 1982. L. 2017:
Entire section amended, (HB 17-1051), ch. 99, p. 344, § 50, effective August 9.
Colorado Revised Statutes 2024 Page 3088 of 3111 Uncertified Printout
PART 5
REMEDIES
Sec. 24-109-501.
Applicability. The remedies set forth in this part 5 shall be the exclusive
remedies available to an aggrieved party upon a judicial or administrative determination that a
solicitation or award of a contract was in violation of this code. For the purposes of this part 5, a
violation of the code shall not include administrative or clerical defects that are not material to
the solicitation or award of a contract or that can be corrected by the governmental body. Any
relief not expressly provided for in this part 5 is prohibited.
Source: L. 2017: Entire part added, (HB 17-1051), ch. 99, p. 345, § 51, effective August
9.
Sec. 24-109-502.
Protests - remedies prior to an award. If, prior to the awarding of a
contract, the procurement official determines that a solicitation or the proposed award is in
violation of this code, the solicitation or proposed award shall be canceled or revised to comply
with this code, at the direction of the procurement official. The determination of the procurement
official under this section shall not be subject to further administrative or judicial review.
Source: L. 2017: Entire part added, (HB 17-1051), ch. 99, p. 345, § 51, effective August
9.
Sec. 24-109-503.
Protest - remedies following an award - ratification by chief
procurement officer. If the procurement official determines that the solicitation or award is in
violation of this code, the procurement official may cancel or terminate such solicitation or
award, direct the governmental body to modify such solicitation or award to eliminate the
violations, or if the procurement official determines that the solicitation or award is in the best
interests of the state, the procurement official may submit the recommendation to ratify the
solicitation or award to the executive director or the chief procurement officer or a designee of
either officer. If the executive director or chief procurement officer or a designee of either officer
elects to ratify the solicitation or award, the aggrieved party who should have been awarded the
contract under the solicitation, but was not, shall be entitled to costs as set forth in section 24-
109-505. The acceptance of costs by the aggrieved party constitutes a waiver of the right to
appeal the determination of the executive director or the chief procurement officer or a designee
of either officer.
Source: L. 2017: Entire part added, (HB 17-1051), ch. 99, p. 345, § 51, effective August
9.
Sec. 24-109-504.
Appeals - remedies following an award. (1) If the executive director or
his or her designee determines that the solicitation or award is in violation of this code in any
material respect, the executive director or his or her designee may cancel or terminate such
solicitation or award, direct the purchasing agency to modify such solicitation or award to
eliminate any violations, or if the procurement official determines that the solicitation or award
Colorado Revised Statutes 2024 Page 3089 of 3111 Uncertified Printout
is in the best interests of the state, the procurement official may submit the recommendation to
ratify the solicitation or award to the executive director or his or her designee. If the executive
director or his or her designee elects to ratify the solicitation or award, the aggrieved party who
should have been awarded the contract under the solicitation, but was not, shall be entitled to
costs as set forth in section 24-109-505.
(2)If, upon judicial review under section 24-109-205, it is determined that a solicitation
or proposed award is in violation of this code, the court shall direct the executive director to
determine whether the best interests of the state require ratification, termination, or cancellation
of the solicitation, award, or contract. The executive director or his or her designee shall issue a
determination in writing, within ten business days of the court's direction, and direct the
purchasing agency to comply with the determination. The determination of the executive director
or his or her designee under the direction of the district court shall not be subject to further
administrative or judicial appeal or review.
(3)If the executive director or his or her designee ratifies a solicitation or award in
violation of this code, the aggrieved party who should have been, but was not, awarded the
contract under the solicitation shall be entitled to costs as set forth in section 24-109-505.
Source: L. 2017: Entire part added, (HB 17-1051), ch. 99, p. 345, § 51, effective August
9.
Sec. 24-109-505.
Costs. When a protest is sustained by the procurement official or upon
administrative or judicial review and the aggrieved party should have been, but was not, awarded
the contract under the solicitation, the aggrieved party shall be entitled to only the reasonable
costs incurred in connection with the solicitation, including bid preparation costs. Reasonable
costs shall not include attorney fees. No other costs shall be permitted. These costs shall be paid
from funds appropriated or otherwise made available to the using agency that is determined to be
responsible for the violation of the code. Such determination shall be made by the procurement
official in connection with a protest and by the executive director in connection with an appeal.
Source: L. 2017: Entire part added, (HB 17-1051), ch. 99, p. 346, § 51, effective August
9.
ARTICLE 110
Intergovernmental Relations
PART 1
DEFINITIONS
Sec. 24-110-101.
Definitions. (Repealed)
Source: L. 81: Entire article added, p. 1282, § 1, effective January 1, 1982. L. 95: (5)
amended, p. 663, § 95, effective July 1. L. 96: (5) amended, p. 1540, § 123, effective June 1. L.
Colorado Revised Statutes 2024 Page 3090 of 3111 Uncertified Printout
2009: (3.5) added, (HB 09-1088), ch. 11, p. 74, § 1, effective August 5. L. 2017: (1) to (5)
repealed, (HB 17-1051), ch. 99, p. 354, § 76, effective August 9.
Editor's note: (1) Section 76 of HB 17-1051 repealed all of the subsections (1) to (5) of
this section; however, it did not repeal the introductory portion. Under the authority granted the
revisor of statutes in section 2-3-703 to correct obvious errors in the statutes, the introductory
portion to this section was deleted.
(2)This section was relocated to § 24-101-301 in 2017.
PART 2
COOPERATIVE PURCHASING
Sec. 24-110-201.
Cooperative purchasing authorized. (1) In accordance with the
provisions of this article 110 and rules promulgated by the executive director, any public
procurement unit may either participate in, sponsor, conduct, or administer a cooperative
purchasing agreement for the procurement of any supplies, services, or construction with one or
more public procurement units, external procurement units, or procurement consortiums that
include as members tax-exempt organizations as defined by section 501 (c)(3) of the federal
"Internal Revenue Code of 1986", as amended, in accordance with an agreement entered into
between the participants. Such cooperative purchasing may include, but is not limited to, joint or
multiparty contracts between public procurement units and open-ended state public procurement
unit contracts that are made available to local public procurement units.
(1.5)With prior written approval of the chief procurement officer and under procedures
established by rule, a state public procurement unit may sponsor, conduct, or administer a
cooperative purchasing agreement with one or more public procurement units, external
procurement units, or procurement consortiums.
(2)With prior written approval of the chief procurement officer and under procedures
established by rule, a state public procurement unit may purchase goods or services under the
terms of a contract between a vendor and an external procurement unit or a local public
procurement unit without complying with the requirements of section 24-102-202.5 and article
103 of this title 24.
(3)With written approval from the procurement official and under procedures
established by rule, a state public procurement unit may purchase goods or services under the
terms of another state public procurement unit without complying with the requirements
specified in section 24-102-202.5 and article 103 of this title 24.
(4)Unless otherwise approved by the chief procurement officer, the procurement official
shall comply with the following order of priority for the use of cooperative purchasing
agreements:
(a)First, state-issued cooperative purchasing agreements;
(b)Second, state public procurement unit cooperative purchasing agreements; and
(c)Third, local public procurement unit or external public procurement unit cooperative
purchasing agreements.
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(5)A local public procurement unit may participate in, sponsor, conduct, or administer a
cooperative purchasing agreement for the procurement of any supplies or services as permitted
by the procurement code, ordinances, and rules of such local public procurement unit.
Source: L. 81: Entire article added, p. 1282, § 1, effective January 1, 1982. L. 88: Entire
section amended, p. 984, § 1, effective April 6. L. 2003: Entire section amended, p. 1588, § 5,
effective May 2. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 346, § 52, effective
August 9. L. 2024: (4)(c) amended, (SB 24-204), ch. 306, p. 2070, § 5, effective August 7.
Sec. 24-110-202.
Sale, acquisition, or use of supplies by a public procurement unit. Any
public procurement unit may sell to, acquire from, or use any supplies belonging to another
public procurement unit or external procurement unit independent of the requirements of article
103 of this title 24.
Source: L. 81: Entire article added, p. 1282, § 1, effective January 1, 1982. L. 86: Entire
section amended, p. 755, § 7, effective July 1, 1987. L. 2017: Entire section amended, (HB 17-
1051), ch. 99, p. 347, § 53, effective August 9.
Sec. 24-110-203.
Cooperative use of supplies or services. Any public procurement unit may
enter into an agreement, independent of the requirements of article 103 of this title 24, with any
other public procurement unit or external procurement unit for the cooperative use of supplies or
services under the terms agreed upon between the parties.
Source: L. 81: Entire article added, p. 1282, § 1, effective January 1, 1982. L. 86: Entire
section amended, p. 756, § 8, effective July 1, 1987. L. 2017: Entire section amended, (HB 17-
1051), ch. 99, p. 347, § 54, effective August 9.
Sec. 24-110-204.
Joint use of facilities. Any public procurement unit may enter into
agreements for the common use or lease of warehousing facilities, capital equipment, and other
facilities with another public procurement unit or an external procurement unit under the terms
agreed upon between the parties.
Source: L. 81: Entire article added, p. 1283, § 1, effective January 1, 1982. L. 2017:
Entire section amended, (HB 17-1051), ch. 99, p. 347, § 55, effective August 9.
Sec. 24-110-205.
Supply of personnel, information, and technical services. (1) Any public
procurement unit is authorized, in its discretion, upon written request from another public
procurement unit or external procurement unit, to provide personnel to the requesting public
procurement unit or external procurement unit.
(2)Informational, technical, and other services of any public procurement unit may be
made available to any other public procurement unit or external procurement unit if the
requirements of the public procurement unit tendering the services shall have precedence over
the requesting public procurement unit or external procurement unit. The requesting public
procurement unit or external procurement unit shall pay any expenses incurred in providing such
services, in accordance with the agreement between the parties.
Colorado Revised Statutes 2024 Page 3092 of 3111 Uncertified Printout
(3)Upon request, the executive director through the division of local government, within
the department of local affairs, may make available to local public procurement units and
external procurement units the following items, including, but not limited to:
(a)Standard forms;
(b)Printed manuals;
(c)Product specifications and standards;
(d)Quality assurance testing services and methods;
(e)Lists of qualified products;
(f)Source information;
(g)Lists of common use commodities;
(h)Supplier prequalification information;
(i)Supplier performance rating;
(j)Lists of debarred and suspended bidders;
(k)Forms for invitations for bids, requests for proposals, instructions to bidders, general
contract provisions, and other contract forms; and
(l)Contracts or published summaries of contracts, including price and time of delivery
information.
(4)The state, through the division of local government within the department of local
affairs, may provide to local public procurement units and external procurement units technical
services, including, but not limited to, the following:
(a)The development of products specifications;
(b)The development of quality assurance test methods including receiving, inspection,
and acceptance procedures;
(c)The use of product testing and inspection facilities; and
(d)The use of personnel training programs.
Source: L. 81: Entire article added, p. 1283, § 1, effective January 1, 1982. L. 96: (3)
amended, p. 1540, § 124, effective June 1. L. 2017: (1), (2), IP(3), and IP(4) amended, (HB 17-
1051), ch. 99, p. 348, § 56, effective August 9.
Sec. 24-110-206.
Use of payments received by a supplying public procurement unit. All
payments from any public procurement unit or external procurement unit that are received by a
public procurement unit for supplying personnel or services shall be available for use as
authorized by law or pursuant to fiscal rules.
Source: L. 81: Entire article added, p. 1284, § 1, effective January 1, 1982. L. 2017:
Entire section amended, (HB 17-1051), ch. 99, p. 348, § 57, effective August 9.
Sec. 24-110-207.
Public procurement units - compliance with code. Whenever the public
procurement unit or external procurement unit that is administering a cooperative purchasing
agreement complies with the requirements of this code, the public procurement unit that is
participating in such agreement shall also be deemed to have complied with this code. No public
procurement unit may enter into a cooperative purchasing agreement for the purpose of
circumventing this code.
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Source: L. 81: Entire article added, p. 1284, § 1, effective January 1, 1982. L. 2017:
Entire section amended, (HB 17-1051), ch. 99, p. 348, § 58, effective August 9.
Sec. 24-110-207.5.
Certification of certain entities as local public procurement units -
rules - report. (1) The executive director may certify any of the following entities as a local
public procurement unit:
(a)Any behavioral health safety net provider, as defined in section 27-50-101, any
nonprofit case management agency, as defined in section 25.5-6-1702 (2), or any nonprofit
service agency, as defined in section 25.5-10-202, if the entity uses the supplies, services, or
construction procured for the public mental health system or the public developmental disability
system;
(b)Any nonprofit entity eligible to receive funds pursuant to section 24-32-705 or 24-
32-717, if the entity uses the supplies, services, or construction procured for the rehabilitation,
construction, acquisition, or provision of low- or moderate-income housing; or
(c)Any public benefit nonprofit entity, if the entity uses the supplies, services, or
construction procured in the furtherance of its stated nonprofit purpose.
(2)The executive director may adopt such rules as are necessary to implement the
certification process required by this section.
(3)Repealed.
Source: L. 92: Entire section added, p. 1076, § 1, effective July 1. L. 96: Entire section
amended, p. 1540, § 125, effective June 1. L. 2004: Entire section amended, p. 390, § 1,
effective April 8. L. 2009: (1) amended and (3) added, (HB 09-1088), ch. 11, p. 74, § 2,
effective August 5. L. 2010: (1)(a) amended, (SB 10-175), ch. 188, p. 797, § 56, effective April
29. L. 2013: (1)(a) amended, (HB 13-1314), ch. 323, p. 1806, § 36, effective March 1, 2014. L.
2017: (2) amended, (HB 17-1051), ch. 99, p. 348, § 59, effective August 9. L. 2021: (1)(a)
amended, (HB 21-1187), ch. 83, p. 329, § 16, effective July 1, 2024. L. 2022: (1)(a) amended,
(HB 22-1278), ch. 222, p. 1590, § 224, effective July 1, 2024.
Editor's note: Subsection (3)(b) provided for the repeal of subsection (3), effective July
1, 2011. (See L. 2009, p. 74.)
Sec. 24-110-208.
Review of procurement requirements. To the extent possible, the
executive director may collect information concerning the type, cost, quality, and quantity of
commonly used supplies, services, or construction being procured or used by state public
procurement units. The executive director, through the division of local government within the
department of local affairs, may also collect such information from local public procurement
units. The executive director may make available all such information to any public procurement
unit upon request.
Source: L. 81: Entire article added, p. 1284, § 1, effective January 1, 1982. L. 96: Entire
section amended, p. 1540, § 126, effective June 1.
PART 3
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CONTRACT CONTROVERSIES
Sec. 24-110-301.
Contract controversies. In the case of a cooperative purchasing agreement,
controversies which arise between an administering public procurement unit and its bidders,
offerors, or contractors may be resolved in accordance with article 109 of this title.
Source: L. 81: Entire article added, p. 1284, § 1, effective January 1, 1982.
ARTICLE 111
Preferences in Awarding Contracts -
Federal Assistance Requirements
Sec. 24-111-101.
Exemptions from prescribed methods of source selection.
Notwithstanding the requirements of section 24-103-201, state procurement contracts, where
appropriate, shall be awarded as provided in sections 17-24-111, 24-30-1203, and 26-8.2-103,
C.R.S.
Source: L. 81: Entire article added, p. 1284, § 1, effective January 1, 1982.
Sec. 24-111-102.
Priorities among preferences. (1) When two or more socioeconomic
procurement programs are applicable to the same procurement, businesses benefitting from such
programs shall be considered in the following order of precedence:
(a)Correctional industries;
(b)Industries for the visually impaired;
(c)Industries for persons with severe disabilities.
Source: L. 81: Entire article added, p. 1284, § 1, effective January 1, 1982. L. 93: (1)(c)
amended, p. 1664, § 70, effective July 1.
Sec. 24-111-103.
Compliance with federal requirements. (Repealed)
Source: L. 81: Entire article added, p. 1285, § 1, effective January 1, 1982. L. 96: Entire
section amended, p. 1541, § 127, effective June 1. L. 2017: Entire section repealed, (HB 17-
1051), ch. 99, p. 354, § 77, effective August 9.
ARTICLE 112
Effective Date - Applicability
Sec. 24-112-101.
Effective date - applicability. (1) This code shall take effect on January 1,
1982. The provisions of this code apply to contracts solicited or entered into on or after said date,
although the parties to a contract may agree to the application of this code to a contract solicited
or entered into prior to January 1, 1982.
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(2)Contracts validly entered into prior to January 1, 1982, and the rights, duties, and
interests flowing from them remain valid on or after said date and may be terminated, performed,
or enforced as required or permitted by any statute or other law amended or repealed by the
enactment of this code as though such repeal or amendment had not occurred unless the parties
agreed at the time of formation of such contract that the provisions of this code would apply.
Source: L. 81: Entire article added, p. 1285, § 1, effective January 1, 1982.
GOVERNMENT COMPETITION WITH PRIVATE ENTERPRISE
ARTICLE 113
State Government Competition
with Private Enterprise
Sec. 24-113-101.
Legislative declaration. The general assembly hereby finds and declares
that state government competes with the private sector when state government provides certain
goods and services to the public. Recognizing this problem, it is the intent of the general
assembly and the purpose of this article to provide additional economic opportunities to private
industry and to regulate competition by state agencies, including institutions of higher education.
To that end, it is the intent of the general assembly that neither the faculty nor administration of
such institutions use research equipment or facilities purchased or provided with state funds to
provide goods or services to the public for a fee when such action is in direct competition with
private companies that provide similar goods or services.
Source: L. 88: Entire article added, p. 985, § 1, effective April 22.
Sec. 24-113-102.
Definitions. As used in this article, unless the context otherwise requires:
(1)"Commission" means the Colorado commission on higher education.
(2)"Institution of higher education" means a state-supported college, university, or
community college.
(3)"Invited guests" means persons who enter onto a campus for an educational,
research, or public service activity and not primarily to purchase or receive goods and services
not related to the educational, research, or public service activity for which such persons enter
onto the campus.
(4)"Private enterprise" means an individual, firm, limited liability company, partnership,
joint venture, corporation, association, or any other legal entity engaging in the manufacturing,
processing, sale, offering for sale, rental, leasing, delivery, dispensing, distributing, or
advertising of goods or services for profit.
(5)"State agency" means a department, office, commission, institution, board, or other
agency of state government. Such term shall not include the Colorado state museum, the state
historical society, or the Auraria higher education center established in article 70 of title 23,
C.R.S., nor shall such term include institutions of higher education.
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Source: L. 88: Entire article added, p. 985, § 1, effective April 22. L. 90: (4) amended,
p. 449, § 24, effective April 18. L. 2012: (5) amended, (HB 12-1081), ch. 210, p. 907, § 16,
effective August 8.
Sec. 24-113-103.
State competition with private enterprise prohibited - exceptions. (1) A
state agency shall not engage in the manufacturing, processing, sale, offering for sale, rental,
leasing, delivery, dispensing, distributing, or advertising of goods or services to the public which
are also offered by private enterprise unless specifically authorized by law.
(2)A state agency shall not offer or provide goods or services to the public for or
through another state agency or a local agency, including by intergovernmental or interagency
agreement, in violation of this section.
(3)The restrictions on competition with private enterprise contained in this section do
not apply to:
(a)The development, operation, and management of state parks, historical monuments,
and hiking or equestrian trails or to the management, protection, or restoration of Colorado's
forest and soil resources;
(b)Correctional industries established and operated by the department of corrections
pursuant to article 24 of title 17, C.R.S.;
(b.5)The correctional education program operated by the department of corrections
pursuant to article 32 of title 17, C.R.S.;
(c)Veterans community living centers, except the Colorado veterans community living
center at Rifle, Colorado;
(d)The Colorado tourism office;
(e)Printing and distributing information to the public if the state agency is otherwise
authorized to do so and printing or copying public records or other material relating to the state
agency's public business if the costs of such printing, copying, and distribution are recovered
through fees and charges;
(e.5)Printing of the first class, as described in section 24-70-203 (1)(a), performed by
the legislative council print shop under a contract awarded through competitive bidding pursuant
to section 2-3-304 (7), C.R.S.;
(f)The department of public safety;
(g)The construction, maintenance, and operation of state transportation facilities;
(h)The provision of free medical services or equipment to indigents in association with
a community service health program; and
(i)The regional transportation district.
(4)The provisions of section 24-113-104 and not the restrictions contained in subsection
(1)of this section shall apply to institutions of higher education.
Source: L. 88: Entire article added, p. 986, § 1, effective April 22. L. 93: (3)(i) amended,
p. 1786, § 66, effective June 6. L. 2008: (3)(e.5) added, p. 900, § 2, effective May 20. L. 2014:
(3)(c) amended, (SB 14-096), ch. 59, p. 263, § 4, effective August 6. L. 2016: (3)(b.5) added,
(SB 16-099), ch. 89, p. 251, § 5, effective April 14. L. 2020: (3)(d) amended, (SB 20-136), ch.
70, p. 289, § 31, effective September 14.
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Cross references: (1) For the legislative declaration in SB 16-099, see section 1 of
chapter 89, Session Laws of Colorado 2016.
(2)For the legislative declaration in SB 20-136, see section 1 of chapter 70, Session
Laws of Colorado 2020.
Sec. 24-113-104.
Competition with private enterprise by institutions of higher education
- rules. (1) Institutions of higher education shall not, unless specifically authorized by statute:
(a)Provide to persons other than students, faculty, staff, and invited guests, through
competitive bidding, goods, services, or facilities that are available from private enterprise,
unless the provision of the good, service, or facility offers a valuable educational or research
experience for students as a part of their education or fulfills the public service mission of the
institution of higher education; however, institutions of higher education may sponsor or provide
facilities for recreational, cultural, and athletic events or facilities for food services and sales. If
the institution of higher education enters into competitive bidding, its bids shall include all direct
and indirect costs of providing the good or service unless the agency receiving the bid requires
all bidders to use a specific procedure or formula.
(b)(I) Provide goods, services, or facilities for or through another state agency or unit of
local government, including by intergovernmental or interagency agreement, which, if provided
directly by the institution of higher education would be in violation of this section.
(II)In determining whether the provision of a good or service offers a valuable teaching,
educational, or research experience, the following criteria shall be considered:
(A)Whether the provision of the good, service, or facility is substantially and directly
related to the instructional, research, or public service mission of the institution of higher
education;
(B)Whether the provision of the good, service, or facility is necessary or convenient for
the campus community;
(C)Whether there is a demand in the public for the good, service, or facility;
(D)Whether the price charged for the good, service, or facility reflects the direct and
indirect costs and overhead costs of providing such good, service, or facility and the price in the
private marketplace; and
(E)Whether measures have been taken to ensure that the provision of a good, service, or
facility is only for students, faculty, staff, or invited guests and not for the general public.
(2)(a) The commission shall develop, after consultation with governing boards of
institutions of higher education and Colorado business organizations, guidelines for the
provision of goods, services, and facilities to students, faculty, and staff of institutions of higher
education and to the invited guests of such students, faculty, and staff.
(b)Repealed.
(3)(a) The governing board of each institution of higher education shall adopt, in
accordance with guidelines established by the commission, procedures for the hearing of
complaints by privately owned businesses. If a privately owned business makes a complaint of
unfair competition in relation to the activities of an institution of higher education, the business
shall have an opportunity for a hearing regarding such complaint. The complaint shall first be
heard by the chief executive officer of the institution, or his designee, and appeal may be made
by the privately owned business to the governing board of the particular institution involved in
the complaint.
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(b)Repealed.
(4)This section shall not apply to:
(a)The Colorado health sciences center operated by the university of Colorado, except
in those cases in which the health sciences center provides prosthetic or medical devices, or
services related to such devices, and a surgical or medical treatment or procedure is not involved
in the application of the device;
(b)The provision of free medical services or equipment to indigents in association with
a community service health program;
(c)Public service radio and television stations licensed to a governing board or to the
institution of higher education under its jurisdiction.
Source: L. 88: Entire article added, p. 987, § 1, effective April 22. L. 96: (3)(b) repealed,
p. 1834, § 9, effective June 5; (2)(b) repealed, p. 1232, § 59, effective August 7.
Cross references: For the legislative declaration contained in the 1996 act repealing
subsection (2)(b), see section 1 of chapter 237, Session Laws of Colorado 1996.
Sec. 24-113-105.
State agency competition - complaints - advisory board. (Repealed)
Source: L. 88: Entire article added, p. 988, § 1, effective July 1; entire section amended,
p. 1436, § 35, effective July 1. L. 97: Entire section repealed, p. 526, § 7, effective July 1.
ARTICLE 114
Private Enterprise Employee Protection
Cross references: For state employee protection, see article 50.5 of this title.
Sec. 24-114-101.
Definitions. As used in this article, unless the context otherwise requires:
(1)"Disciplinary action" means any direct or indirect form of discipline or penalty,
including, but not limited to, dismissal, demotion, transfer, reassignment, suspension, corrective
action, reprimand, admonishment, unsatisfactory or below standard performance evaluation,
reduction in force, or withholding of work, or the threat of any such discipline or penalty.
(2)"Disclosure of information" means the written provision of evidence to any person,
or the testimony before any committee of the general assembly, regarding any action, policy,
regulation, practice, or procedure regarding a private enterprise under contract with a state
agency which, if not disclosed, could result in the waste of public funds, could endanger the
public health, safety, or welfare, or could otherwise adversely affect the interests of the state.
(3)"Employee" means any person employed by a private enterprise under contract with
a state agency.
(4)"Private enterprise under contract with a state agency" means any individual, firm,
limited liability company, partnership, joint venture, corporation, association, or other legal
entity which is a party to any type of state agreement, regardless of what it may be called, for the
procurement or disposal of supplies, services, or construction for any department, office,
commission, institution, board, or other agency of state government.
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(5)"Supervisor" means any person who supervises or is responsible for the work of one
or more employees.
Source: L. 88: Entire article added, p. 988, § 1, effective April 22. L. 90: (4) amended,
p. 450, § 25, effective April 18.
Sec. 24-114-102.
Retaliation prohibited. (1) Except as provided in subsection (2) of this
section, no appointing authority or supervisor of a private enterprise under contract with a state
agency shall initiate or administer any disciplinary action against any employee on account of
the employee's disclosure of information concerning said private enterprise. This section shall
not apply to:
(a)An employee who discloses information that he knows to be false or who discloses
information with disregard for the truth or falsity thereof;
(b)An employee who discloses information which is confidential under any other
provision of law.
(2)It shall be the obligation of an employee who wishes to disclose information under
the protection of this article to make a good faith effort to provide to his supervisor or appointing
authority or to a member of the general assembly the information to be disclosed prior to the
time of its disclosure.
(3)An entity under contract with a state agency shall not initiate or administer any
disciplinary action against any employee on account of the employee's disclosure of information
to the fraud hotline administered by the state auditor in accordance with section 2-3-110.5;
except that this subsection (3) does not apply to an employee who discloses information with
disregard for the truth or falsity of the information.
Source: L. 88: Entire article added, p. 989, § 1, effective April 22. L. 2017: (3) added,
(HB 17-1223), ch. 243, p. 1004, § 4, effective August 9.
Sec. 24-114-103.
Civil actions resulting from disciplinary actions or from disclosure of
information. Any employee may bring a civil action in the district court alleging a violation of
section 24-114-102. If the employee prevails, the employee may recover damages, together with
court costs, and the court may order such other relief as it deems appropriate.
Source: L. 88: Entire article added, p. 989, § 1, effective April 22.
FINANCING OF CRITICAL STATE NEEDS