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 9 - PROCUREMENT PREFERENCES AND GOALS (§§ 24-103-901 — 24-103-911) › Section 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 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.
Renumbered from C.R.S. § 24-103-210 and amended by 2017 Ch. 99, § 28, eff. 8/9/2017.
Amended by 2014 Ch. 378, § 63, eff. 6/6/2014.
Added by 2013 Ch. 266, § 14, eff. 5/24/2013.
L. 2017: Entire part added with relocated provisions, (HB 17-1051), ch. 99, p. 327, § 28, effective August 9.
This section is similar to former § 24-103-210 as it existed prior to 2017.