reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 93 - CONSTRUCTION CONTRACTS (§§ 24-93-101 — 24-93-110) › Section 24-93-110 - Department of transportation - additional requirements for integrated project delivery contracts - short-listing - transparency

(1)
The department of transportation shall not exclude a participating entity from a short list, prepared and announced by the department as required by section
24-93-105 (2)
, of responding participating entities that have been determined to be most qualified to receive a request for proposals for an IPD contract for a public project based solely on the participating entity's lack of experience in delivering a public project in the state by the IPD method to be used for the public project.
(2)
(a)
If the cost to complete a public project is expected to exceed seventy-five million dollars, the department of transportation shall, before selecting the IPD method for a construction project and beginning the procurement process:
(I)
Hold public meetings with the construction industry and the general public to discuss the justification for selecting the IPD method. The required public meetings may be held in conjunction with other required public meetings about the project or as stand-alone meetings.
(II)
Obtain approval for the use of the IPD method from the transportation commission created in section
43-1-106
.
(b)
For any public project, regardless of the expected cost of completion, to be completed using the IPD method, the department of transportation shall:
(I)
Before beginning the procurement process, publish on the department's website, the justification for selecting the IPD method;
(II)
During the procurement process, include the justification for selecting the IPD method in any request for qualifications and in the request for proposals;
(III)
Following the award of the IPD contract to a participating entity, publish on the department's website the evaluation scores for each step of the IPD contract solicitation phase for all solicitations received and evaluated; and
(IV)
From the time the IPD contract is executed until the department's final acceptance of the completed public project, provide, maintain, and update on the department's website a transparency platform such as a dashboard that indicates the ongoing status of the public project.
(3)
The requirements of this section apply only to a public project involving infrastructure that is part of the state highway system, as described in section
43-2-101 (1)
.
Added by 2021 Ch. 250, § 10, eff. 6/17/2021.
For the legislative declaration in SB 21-260, see section 1 of chapter 250, Session Laws of Colorado 2021.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 94 - PUBLIC-PRIVATE PARTNERSHIPS FOR STATE PUBLIC ENTITIES (§§ 24-94-101 — 24-94-106) › Section 24-94-101 - Legislative declaration

(1)
The general assembly hereby finds and declares that:
(a)
Public-private partnerships are an effective tool to leverage the expertise and resources of both the public and private sectors to accommodate multifaceted social infrastructure and operational needs;
(b)
Public-private partnerships have a proven track record of enabling public projects to be completed on time and at a lower cost than either the public or private sectors are able to achieve alone;
(c)
Delivering public projects through public-private partnerships is an effective model to accommodate some of our state's most pressing and foundational needs, such as increased behavioral health capacity, broadband deployment, affordable housing development, and child care services;
(d)
The COVID-19 pandemic forced the closure of many child care facilities and classrooms, exacerbating a child care shortage that forced many parents to compromise between work and family life; and
(e)
Colorado families have long struggled with the cost of child care and it remains one of the primary barriers to full participation in the workforce.
(2)
The general assembly further finds and declares that it is the intent of this article 94 to permit state public entities to enter into public-private partnerships to:
(a)
Develop, build, finance, operate, and maintain quality, cost-effective public projects that provide economic and social value;
(b)
Provide a well-defined and transparent process to facilitate collaboration between state public entities and private partners while enabling access to private capital;
(c)
Bring innovative thinking and approaches to public projects;
(d)
Reduce total life-cycle costs of public projects; and
(e)
Allow for cost, risk, and benefit sharing between public and private partners.
Added by 2022 Ch. 232, § 2, eff. 5/26/2022.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 94 - PUBLIC-PRIVATE PARTNERSHIPS FOR STATE PUBLIC ENTITIES (§§ 24-94-101 — 24-94-106) › Section 24-94-104 - State public entity agreements - public-private partnership

(1)
A state public entity is authorized, either separately or in combination with any other state public entity, to initiate solicitations, review any private partner-initiated proposals, execute public-private partnership agreements, or execute public-private agreements to develop or operate a public project subject to the requirements of this article 94.
(2)
Subject to subsection (5) of this section, any state public entity must obtain approvals from the executive director in the time and manner determined by the executive director pursuant to sections
24-94-103 (1)(a) and (1)(b)
.
(3)
Any public-private agreement entered into pursuant to subsection (1) of this section must comply with applicable state laws and processes developed by the executive director pursuant to section
24-94-103 (1)(a)
and
24-94-103 (1)(b)
.
(4)
Subject to subsection (2) of this section, state public entities may review any private partner-initiated proposals but need not respond to such proposals.
(5)
Nothing in this article 94 shall be construed to prohibit, limit, or otherwise modify the specific statutory authority of state public entities, including but not limited to the authority specified in sections
23-3.1-301 (1)
,
23-3.1-306.5
,
23-5-101.7
,
24-33.5-510
,
24-36-121
,
26-6.9-102
,
32-22-105 (1)(a)(VIII)
,
33-1-105(1)
,
33-10-107(1)
,
36-1-118(1)
,
40-2-123
, and
43-4-806
, and the authority specified in parts 1 and 3 of article
46
of this title 24 and parts 8 and 13 of article
82
of this title 24, to enter into a public-private partnership, a public-private agreement, or other agreement, or to utilize a statutory mechanism as authorized by any other provision of law.
Added by 2022 Ch. 232, § 2, eff. 5/26/2022.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 94 - PUBLIC-PRIVATE PARTNERSHIPS FOR STATE PUBLIC ENTITIES (§§ 24-94-101 — 24-94-106) › Section 24-94-105 - Public-private partnership subcommittee - contract review - lease - sale of state property

(1)
Except as otherwise provided in subsection (2) of this section, a state public entity that intends to enter into a contract, sale, or lease of state property pursuant to section
24-82-102.5
or
24-94-104
on or after May 26, 2022, shall submit the proposed contract, sale, or lease of state property to the public-private partnership subcommittee created in section
24-46-102 (4)
for the subcommittee's review before entering into the contract, sale, or lease of state property. The state public entity, in coordination with the Colorado economic development commission staff, shall submit a report to the subcommittee regarding the anticipated use of the state property in a time and manner established by the subcommittee. The subcommittee shall review the report and make any recommendations it deems necessary to the state public entity. The state public entity must consider the subcommittee's recommendations, but need not incorporate or adopt any of the recommendations.
(2)
Subsection (1) of this section does not apply to a state public entity that intends to enter into a new contract, sale, or lease of state property pursuant to section
24-82-102.5
or
24-92-104
with existing private partners.
Added by 2022 Ch. 232, § 2, eff. 5/26/2022.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › CONSTRUCTION (§§ 24-91-101 — 24-94-106) › Article 94 - PUBLIC-PRIVATE PARTNERSHIPS FOR STATE PUBLIC ENTITIES (§§ 24-94-101 — 24-94-106) › Section 24-94-106 - Report

(1)
The executive director or the executive director's designee shall annually report on the implementation and use of this article 94 at its presentation to its committee of reference at a hearing held pursuant to section
2-7-203 (2)(a)
of the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act".
(2)
The report presented pursuant to subsection (1) of this section shall include:
(a)
The number of public-private partnerships that were executed to develop or operate a public project pursuant to this article 94 during the year in which the report is presented;
(b)
The project delivery method and financing method of each public-private partnership specified in subsection (2)(a) of this section; and
(c)
An overview of the important social or economic value of each public-private partnership specified in subsection (2)(a) of this section.
(3)
The executive director or the executive director's designee shall annually provide the information specified in subsection (1) of this section to the joint budget committee.
Added by 2022 Ch. 232, § 2, eff. 5/26/2022.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 101 - PROCUREMENT CODE - GENERAL PROVISIONS (§§ 24-101-101 — 24-101-501) › Part 1 - PURPOSES, CONSTRUCTION, AND APPLICATION (§§ 24-101-101 — 24-101-107) › Section 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".
Amended by 2017 Ch. 99, § 1, eff. 8/9/2017.
L. 81: Entire article added, p. 1259, § 1, effective 1/1/1982. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 299, § 1, effective August 9.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 101 - PROCUREMENT CODE - GENERAL PROVISIONS (§§ 24-101-101 — 24-101-501) › Part 1 - PURPOSES, CONSTRUCTION, AND APPLICATION (§§ 24-101-101 — 24-101-107) › Section 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.
L. 81: Entire article added, p. 1259, § 1, effective 1/1/1982.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 101 - PROCUREMENT CODE - GENERAL PROVISIONS (§§ 24-101-101 — 24-101-501) › Part 1 - PURPOSES, CONSTRUCTION, AND APPLICATION (§§ 24-101-101 — 24-101-107) › Section 24-101-103 - [Repealed]

Repealed by 2017 Ch. 99, § 76, eff. 8/9/2017.
Renumbered as C.R.S. §
24-106-102
by 2017 Ch. 99, § 38, eff. 8/9/2017.
This section was relocated to §
24-106-102
in 2017.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 101 - PROCUREMENT CODE - GENERAL PROVISIONS (§§ 24-101-101 — 24-101-501) › Part 1 - PURPOSES, CONSTRUCTION, AND APPLICATION (§§ 24-101-101 — 24-101-107) › Section 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.
Amended by 2017 Ch. 99, § 2, eff. 8/9/2017.
L. 81: Entire article added, p. 1260, § 1, effective 1/1/1982. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 299, § 2, effective August 9.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 101 - PROCUREMENT CODE - GENERAL PROVISIONS (§§ 24-101-101 — 24-101-501) › Part 1 - PURPOSES, CONSTRUCTION, AND APPLICATION (§§ 24-101-101 — 24-101-107) › Section 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.
Added by 2017 Ch. 99, § 4, eff. 8/9/2017.
L. 2017: Entire section added, (HB 17-1051), ch. 99, p. 301, § 4, effective August 9.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 101 - PROCUREMENT CODE - GENERAL PROVISIONS (§§ 24-101-101 — 24-101-501) › Part 1 - PURPOSES, CONSTRUCTION, AND APPLICATION (§§ 24-101-101 — 24-101-107) › Section 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.
Added by 2017 Ch. 99, § 4, eff. 8/9/2017.
Entire section added, (HB 17-1051), ch. 99, p. 301, § 4, effective August 9.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 101 - PROCUREMENT CODE - GENERAL PROVISIONS (§§ 24-101-101 — 24-101-501) › Part 2 - DETERMINATIONS (§ 24-101-201) › Section 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.
Amended by 2017 Ch. 99, § 5, eff. 8/9/2017.
L. 81: Entire article added, p. 1260, § 1, effective 1/1/1982. 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.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 101 - PROCUREMENT CODE - GENERAL PROVISIONS (§§ 24-101-101 — 24-101-501) › Part 4 - PROCUREMENT RECORDS AND INFORMATION (§§ 24-101-401 — 24-101-402) › Section 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.
Amended by 2020 Ch. 109, § 6, eff. 6/16/2020.
Amended by 2017 Ch. 99, § 7, eff. 8/9/2017.
Amended by 2013 Ch. 316, § 67, eff. 8/7/2013.
L. 81: Entire article added, p. 1262, § 1, effective 1/1/1982. L. 2011: Entire section amended, (SB 11 -025), ch. 324, p. 324, § 2, effective July 1. L. 2013: (1) amended, (HB 13-1300), ch. 1686, p. 1686, § 67, effective August 7. L. 2017: (1) amended, (HB 17 -1051), ch. 307, p. 307, § 7, effective August 9. L. 2020: (2)(b) repealed, (HB 20-1153), ch. 440, p. 440, § 6, effective June 16.
Subsection (2)(b)(III) provides for the repeal of subsection (2)(b) effective upon receipt by the revisor of statutes of the written notice pursuant to said subsection (2)(b)(III). As of the publication date, the revisor of statutes had not received such notice.
(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.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 101 - PROCUREMENT CODE - GENERAL PROVISIONS (§§ 24-101-101 — 24-101-501) › Part 4 - PROCUREMENT RECORDS AND INFORMATION (§§ 24-101-401 — 24-101-402) › Section 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
.
L. 81: Entire article added, p. 1262, § 1, effective 1/1/1982.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 101 - PROCUREMENT CODE - GENERAL PROVISIONS (§§ 24-101-101 — 24-101-501) › Part 5 - PROCUREMENT CODE WORKING GROUP (§ 24-101-501) › Section 24-101-501 - [Repealed]

Added by 2016 Ch. 314, § 1, eff. 6/10/2016.
(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.)
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 102 - PROCUREMENT ORGANIZATION (§§ 24-102-101 — 24-102-502) › Part 1 - EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PERSONNEL (§ 24-102-101) › Section 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.
Amended by 2017 Ch. 99, § 8, eff. 8/9/2017.
L. 81: Entire article added, p. 1263, § 1, effective 1/1/1982. L. 86: Entire section amended, p. 756, § 9, effective 7/1/1987. 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.
Amendments to this section by sections 31 and 99 of Senate Bill 96-228 were harmonized.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 102 - PROCUREMENT ORGANIZATION (§§ 24-102-101 — 24-102-502) › Part 2 - PURCHASING (§§ 24-102-201 — 24-102-208) › Section 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.
Amended by 2022 Ch. 469, § 200, eff. 8/10/2022.
L. 81: Entire article added, p. 1263, § 1, effective 1/1/1982. L. 95: Entire section amended, p. 662, § 92, effective July 1. L. 96: Entire section amended, p. 1510, § 32, effective June 1.
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration contained in the 1995 act amending this section, see section 112 of chapter 167, Session Laws of Colorado 1995.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 102 - PROCUREMENT ORGANIZATION (§§ 24-102-101 — 24-102-502) › Part 2 - PURCHASING (§§ 24-102-201 — 24-102-208) › Section 24-102-202 - [Effective Until 8/7/2024] 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.
(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 his or her purchasing authority to designees or to any department, agency, or 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.
Amended by 2017 Ch. 99, § 9, eff. 8/9/2017.
L. 81: Entire article added, p. 1263, § 1, effective 1/1/1982. L. 86: (2)(b) repealed, p. 757, § 13, effective 7/1/1987. 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.
This section is similar to former §§ 24-102-401 and 24-102-204 as they existed prior to 2017.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 102 - PROCUREMENT ORGANIZATION (§§ 24-102-101 — 24-102-502) › Part 2 - PURCHASING (§§ 24-102-201 — 24-102-208) › Section 24-102-202 - [Effective 8/7/2024] 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.
(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.
Amended by 2024 Ch. 306,§ 2, eff. 8/7/2024.
Amended by 2017 Ch. 99, § 9, eff. 8/9/2017.
L. 81: Entire article added, p. 1263, § 1, effective 1/1/1982. L. 86: (2)(b) repealed, p. 757, § 13, effective 7/1/1987. 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.
This section is similar to former §§ 24-102-401 and 24-102-204 as they existed prior to 2017.
2024 Ch. 306, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 102 - PROCUREMENT ORGANIZATION (§§ 24-102-101 — 24-102-502) › Part 2 - PURCHASING (§§ 24-102-201 — 24-102-208) › Section 24-102-203 - [Repealed]

L. 81: Entire article added, p. 1263, § 1, effective 1/1/1982. L. 92: Entire section repealed, p. 1007, § 6, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 102 - PROCUREMENT ORGANIZATION (§§ 24-102-101 — 24-102-502) › Part 2 - PURCHASING (§§ 24-102-201 — 24-102-208) › Section 24-102-204 - [Repealed]

Repealed by 2017 Ch. 99, § 76, eff. 8/9/2017.
L. 81: Entire article added, p. 1264, § 1, effective 1/1/1982. 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.
This section was relocated to §
24-102-202
in 2017.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 102 - PROCUREMENT ORGANIZATION (§§ 24-102-101 — 24-102-502) › Part 2 - PURCHASING (§§ 24-102-201 — 24-102-208) › Section 24-102-205 - [Repealed]

Repealed by 2017 Ch. 99, § 76, eff. 8/9/2017.
Renumbered as C.R.S. §
24-106-103
by 2017 Ch. 99, § 38, eff. 8/9/2017.
Amended by 2017 Ch. 18, § 11, eff. 3/8/2017.
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.
(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.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 102 - PROCUREMENT ORGANIZATION (§§ 24-102-101 — 24-102-502) › Part 2 - PURCHASING (§§ 24-102-201 — 24-102-208) › Section 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.
(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".
Added by 2013 Ch. 266, § 13, eff. 5/24/2013.
L. 2013: Entire section added, (HB 13-1292), ch. 266, p. 1404, § 13, effective May 24.
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.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 102 - PROCUREMENT ORGANIZATION (§§ 24-102-101 — 24-102-502) › Part 2 - PURCHASING (§§ 24-102-201 — 24-102-208) › Section 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.
Amended by 2017 Ch. 99, § 11, eff. 8/9/2017.
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.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 102 - PROCUREMENT ORGANIZATION (§§ 24-102-101 — 24-102-502) › Part 2 - PURCHASING (§§ 24-102-201 — 24-102-208) › Section 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 applies to any contract or addendum for the licensing of software applications on or after June 8, 2022.
Added by 2022 Ch. 481, § 3, eff. 6/8/2022.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 102 - PROCUREMENT ORGANIZATION (§§ 24-102-101 — 24-102-502) › Part 3 - ORGANIZATION OF PUBLIC PROCUREMENT (§§ 24-102-301 — 24-102-302) › Section 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.
L. 81: Entire article added, p. 1264, § 1, effective 1/1/1982. L. 85: Entire section amended, p. 875, § 10, effective June 6. L. 86: Entire section amended, p. 756, § 10, effective 7/1/1987. 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.
Amendments to this section by Senate Bill 96-228 and House Bill 96-1167 were harmonized.
For the legislative declaration contained in the 1996 act amending this section, see section 1 of chapter 237, Session Laws of Colorado 1996.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 102 - PROCUREMENT ORGANIZATION (§§ 24-102-101 — 24-102-502) › Part 3 - ORGANIZATION OF PUBLIC PROCUREMENT (§§ 24-102-301 — 24-102-302) › Section 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. 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.
Amended by 2017 Ch. 99, § 12, eff. 8/9/2017.
L. 81: Entire article added, p. 1264, § 1, effective 1/1/1982. 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.
For the legislative declaration contained in the 1995 act amending subsection (2), see section 112 of chapter 167, Session Laws of Colorado 1995.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 102 - PROCUREMENT ORGANIZATION (§§ 24-102-101 — 24-102-502) › Part 4 - STATE PROCUREMENT RULES (§ 24-102-401) › Section 24-102-401 - [Repealed]

Repealed by 2017 Ch. 99, § 76, eff. 8/9/2017.
L. 81: Entire article added, p. 1265, § 1, effective 1/1/1982. L. 2017: Entire section repealed, (HB 17-1051), ch. 99, p. 354, § 76, effective August 9.
This section was relocated to §
24-102-202
in 2017.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 102 - PROCUREMENT ORGANIZATION (§§ 24-102-101 — 24-102-502) › Part 5 - COORDINATION (§§ 24-102-501 — 24-102-502) › Section 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.
Amended by 2017 Ch. 99, § 13, eff. 8/9/2017.
L. 81: Entire article added, p. 1265, § 1, effective 1/1/1982. 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.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 102 - PROCUREMENT ORGANIZATION (§§ 24-102-101 — 24-102-502) › Part 5 - COORDINATION (§§ 24-102-501 — 24-102-502) › Section 24-102-502 - [Repealed]

L. 81: Entire article added, p. 1265, § 1, effective 1/1/1982. L. 86: Entire section amended, p. 419, § 39, effective March 26. L. 90: Entire section repealed, p. 1308, § 5, effective July 1.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 103 - SOURCE SELECTION AND CONTRACT FORMATION (§§ 24-103-101 — 24-103-1105) › Part 1 - DEFINITIONS (§ 24-103-101) › Section 24-103-101 - [Repealed]

Repealed by 2017 Ch. 99, § 76, eff. 8/9/2017.
L. 81: Entire article added, p. 1265, § 1, effective 1/1/1982. 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.
This section was relocated to §
24-101-301
in 2017.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 103 - SOURCE SELECTION AND CONTRACT FORMATION (§§ 24-103-101 — 24-103-1105) › Part 2 - METHODS OF SOURCE SELECTION (§§ 24-103-201 — 24-103-211) › Section 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.
Amended by 2017 Ch. 99, § 14, eff. 8/9/2017.
L. 81: Entire article added, p. 1266, § 1, effective 1/1/1982. 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 - 10 10 ), ch. 90, p. 309, § 3, effective August 11. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 311, § 14, effective August 9.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 103 - SOURCE SELECTION AND CONTRACT FORMATION (§§ 24-103-101 — 24-103-1105) › Part 2 - METHODS OF SOURCE SELECTION (§§ 24-103-201 — 24-103-211) › Section 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 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.
Added by 2017 Ch. 99, § 15, eff. 8/9/2017.
L. 2017: Entire section added, (HB 17-1051), ch. 99, p. 312, § 15, effective August 9.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 103 - SOURCE SELECTION AND CONTRACT FORMATION (§§ 24-103-101 — 24-103-1105) › Part 2 - METHODS OF SOURCE SELECTION (§§ 24-103-201 — 24-103-211) › Section 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.
(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.
Amended by 2017 Ch. 99, § 17, eff. 8/9/2017.
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.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 103 - SOURCE SELECTION AND CONTRACT FORMATION (§§ 24-103-101 — 24-103-1105) › Part 2 - METHODS OF SOURCE SELECTION (§§ 24-103-201 — 24-103-211) › Section 24-103-202.5 - [Repealed]

Repealed by 2017 Ch. 99, § 76, eff. 8/9/2017.
Renumbered as C.R.S. §
24-103-902
by 2017 Ch. 99, § 28, eff. 8/9/2017.
This section was relocated to §
24-103-902
in 2017.