§ 24-92-101. Short Title
This article shall be known and may be cited as the “Construction Bidding for Public Projects Act”. Source: L. 81: Entire article added, p. 1254, § 1, effective July 1.
§ 24-92-102. Definitions
As used in this article 92, unless the context otherwise requires: “Agency of government” means any agency, department, division, board, bureau, commission, institution, or section of this state which is a budgetary unit exercising construction contracting authority or discretion. “Construction contract” or “contract” means any agreement for building, altering, repairing, improving, or demolishing any public […]
§ 24-92-103. Construction of Public Projects – Invitation for Bids
All construction contracts for public projects that do not receive federal moneys may be solicited by invitation for bids pursuant to this section. An invitation for bids shall be issued and shall include a project description and all contractual terms and conditions applicable to the public project. Adequate public notice of the invitation for bids […]
§ 24-92-103.5. Construction of Public Projects – Invitation for Best Value Bids
All construction contracts for public projects that do not receive federal moneys may be awarded through competitive sealed best value bidding pursuant to this section. An invitation for bids under competitive sealed best value bidding shall be made in the same manner as provided in section 24-92-103 (2), (3), and (4); except that adequate public […]
§ 24-92-103.7. Disclosure – Invitation for Bids – Invitation for Best Value Bids
The executive director of an agency of government or president of an institution of higher education that enters into a construction contract for a public project pursuant to this article 92 that is not funded in any part with federal moneys shall disclose to the public the agency of government’s rationale or the institution’s rationale […]
§ 24-92-104. Exemptions – Applicability
The provisions of sections 24-92-103 and 24-92-103.5 do not apply to: A public project for which the agency of government receives no bids or for which all bids have been rejected; or A situation for which the responsible officer determines it is necessary to make emergency procurements or contracts because there exists a threat to […]
§ 24-92-104.5. Solicitation of Bids by Electronic Online Access – Department of Transportation
The executive director of the department of transportation may invite bids using electronic online access, including the internet, for purposes of acquiring construction contracts for public projects on behalf of the department of transportation. Source: L. 98: Entire section added, p. 1097, § 12, effective June 1.
§ 24-92-105. Cancellation of Invitations for Bids
An invitation for bids or any other solicitation may be canceled or any or all bids or proposals may be rejected in whole or in part as may be specified in the solicitation when it is in the best interests of the agency of government. The reasons for any cancellation or rejection shall be made […]
§ 24-92-106. Responsibility of Bidders and Offerors
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. Information furnished by […]
§ 24-92-107. Prequalification of Contractors
Prospective contractors may be prequalified for particular types of construction, and the method of compiling a list of and soliciting from such potential contractors shall be pursuant to rules. Source: L. 81: Entire article added, p. 1257, § 1, effective July 1.
§ 24-92-108. Types of Contracts
Subject to the limitations of this section, any type of contract which will promote the best interests of the agency of government may be used; except that the use of a cost-plus-a-percentage-of-cost contract is prohibited. A cost-reimbursement contract may be used only when a determination is made in writing that such contract is likely to […]
§ 24-92-109. Agency of Government to Submit Cost Estimate
Whenever an agency of government proposes to undertake the construction of a public project, reasonably expected to cost in excess of fifty thousand dollars by any means or method other than by a contract awarded by competitive bid, it shall prepare and submit a cost estimate in the same manner as other bidders; except that, […]
§ 24-92-110. Rules and Regulations
The executive director of the department of personnel shall promulgate rules and regulations which are designed to implement the provisions of this article 92; except that the executive director of the department of transportation shall promulgate rules and regulations relating to bridge and highway construction bidding practices including, notwithstanding any other provisions of this article […]
§ 24-92-111. Audit
If any agency of government is alleged to be in violation of or in material noncompliance with this article 92 or the rules promulgated thereunder, the legislative audit committee shall be advised, in writing, of the activities alleged to be in violation or noncompliance. The legislative audit committee shall give notice to the agency, which […]
§ 24-92-112. Finality of Determinations
The determinations required by sections 24-92-103 (6), 24-92-104, 24-92-106 (1), and 24-92-108 are final and conclusive unless they are clearly erroneous, arbitrary, capricious, or contrary to law. Source: L. 81: Entire article added, p. 1258, § 1, effective July 1.
§ 24-92-113. 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. 1258, § 1, effective July 1.
§ 24-92-114. Prohibition of Dividing Work of Public Project
It is unlawful for any person to divide a work of a public project into two or more separate projects for the sole purpose of evading or attempting to evade the requirements of this article. Source: L. 81: Entire article added, p. 1258, § 1, effective July 1.
§ 24-92-115. Apprenticeship Utilization Requirements – Mechanical, Electrical, and Plumbing Contracts – Public Projects – Definition
Unless prohibited by applicable federal law, and except as otherwise provided in subsection (1)(b) of this section, the contract for any public works project that does not receive federal money, including a public project that will have an integrated project delivery contract pursuant to article 93 of this title 24, in the amount of one […]
§ 24-92-116. Department of Transportation – Reporting Requirements
The department of transportation shall annually identify in a report to the transportation commission and to the transportation legislation review committee of the general assembly all highway maintenance projects for the reporting year costing more than one hundred fifty thousand dollars but not more than two hundred fifty thousand dollars that: The department is completing […]
§ 24-92-117. Maximum Global Warming Potential for Materials Used in Eligible Projects – Buildings – Projects That Are Not Roads, Highways, or Bridges – Environmental Product Declaration – Short Title – Report – Definitions
The short title of this section and section 24-92-118 is the “Buy Clean Colorado Act”. As used in this section, unless the context otherwise requires: “Eligible material” means materials used in the construction of a public project, including: Asphalt and asphalt mixtures; Cement and concrete mixtures; Glass; Post-tension steel; Reinforcing steel; Structural steel; and Wood […]