CO Code § 24-113-103 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 113 - State Government Competition With Private Enterprise|§ 24-113-103. State Competition With Private Enterprise Prohibited - Exceptions

  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.    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.    The restrictions on competition with private enterprise contained in this section do not apply to:   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;    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.;     Veterans community living centers, except the Colorado veterans community living center at Rifle, Colorado;    The Colorado tourism office;    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.;     The department of public safety;    The construction, maintenance, and operation of state transportation facilities;    The provision of free medical services or equipment to indigents in association with a community service health program; and    The regional transportation district.       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.   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;    Whether the provision of the good, service, or facility is necessary or convenient for the campus community;    Whether there is a demand in the public for the good, service, or facility;    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    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.        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.   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.