(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.
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.
(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(b) Repealed.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.
24-102-202.5. Supplier database - fees - cash fund - program account - repeal. (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 fees as necessary to cover the direct and indirect costs that are incurred in implementing this section. The revenue from such fees shall be transmitted to the state treasurer, who shall credit the same to the supplier database cash fund, which fund is created. The general assembly shall make appropriations from the fund as necessary to implement this section. All money not expended or encumbered 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.)
(c) (I) For state fiscal years commencing on or before July 1, 2024, and on or after July 1, 2026, the state treasurer shall credit all interest and income derived from the deposit and investment of money in the supplier database cash fund to the supplier database cash fund.
(II) Notwithstanding subsection (2)(a) of this section, for the state fiscal year commencing on July 1, 2025, in accordance with section 24-36-114 (1), the state treasurer shall credit all interest and income derived from the deposit and investment of money in the supplier database cash fund to the general fund.
(III) (A) On June 30, 2025, the state treasurer shall transfer two hundred sixty-six thousand seven hundred ninety-eight dollars from the supplier database cash fund to the general fund.
(B) This subsection (2)(c)(III) is repealed, effective July 1, 2026.
(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. L. 2025: (2)(a) amended and (2)(c) added, (SB 25-317), ch. 385, p. 2158, � 38, effective June 3.
Cross references: (1) For the legislative declaration contained in the 1995 act amending subsection (1), see section 112 of chapter 167, Session Laws of Colorado 1995.
(2) For the legislative declaration in SB 25-317, see section 1 of chapter 385, Session Laws of Colorado 2025.
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.
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.
Editor's note: This section was relocated to � 24-102-202 in 2017.
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.
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.
(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) 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.
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.
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.