As used in this article, unless the context otherwise requires:
(1) Commission means the Colorado commission on higher education.
(2) Institution of higher education means a state-supported college, university, or community college.
(3) Invited guests means persons who enter onto a campus for an educational, research, or public service activity and not primarily to purchase or receive goods and services not related to the educational, research, or public service activity for which such persons enter onto the campus.
(4) Private enterprise means an individual, firm, limited liability company, partnership, joint venture, corporation, association, or any other legal entity engaging in the manufacturing, processing, sale, offering for sale, rental, leasing, delivery, dispensing, distributing, or advertising of goods or services for profit.
(5) State agency means a department, office, commission, institution, board, or other agency of state government. Such term shall not include the Colorado state museum, the state historical society, or the Auraria higher education center established in article 70 of title 23, C.R.S., nor shall such term include institutions of higher education.
Source: L. 88: Entire article added, p. 985, � 1, effective April 22. L. 90: (4) amended, p. 449, � 24, effective April 18. L. 2012: (5) amended, (HB 12-1081), ch. 210, p. 907, � 16, effective August 8.
24-113-103. State competition with private enterprise prohibited - exceptions. (1) 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.
(2) 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.
(3) The restrictions on competition with private enterprise contained in this section do not apply to:
(a) 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;
(b) 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.;
(c) Veterans community living centers, except the Colorado veterans community living center at Rifle, Colorado;
(d) The Colorado tourism office;
(e) 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.;
(f) The department of public safety;
(g) The construction, maintenance, and operation of state transportation facilities;
(h) The provision of free medical services or equipment to indigents in association with a community service health program; and
(i) The regional transportation district.
(4) 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.
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.
24-113-104. Competition with private enterprise by institutions of higher education - rules. (1) Institutions of higher education shall not, unless specifically authorized by statute:
(a) Provide to persons other than students, faculty, staff, and invited guests, through competitive bidding, goods, services, or facilities that are available from private enterprise, unless the provision of the good, service, or facility offers a valuable educational or research experience for students as a part of their education or fulfills the public service mission of the institution of higher education; however, institutions of higher education may sponsor or provide facilities for recreational, cultural, and athletic events or facilities for food services and sales. If the institution of higher education enters into competitive bidding, its bids shall include all direct and indirect costs of providing the good or service unless the agency receiving the bid requires all bidders to use a specific procedure or formula.
(b) (I) Provide goods, services, or facilities for or through another state agency or unit of local government, including by intergovernmental or interagency agreement, which, if provided directly by the institution of higher education would be in violation of this section.
(II) In determining whether the provision of a good or service offers a valuable teaching, educational, or research experience, the following criteria shall be considered:
(A) 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;
(B) Whether the provision of the good, service, or facility is necessary or convenient for the campus community;
(C) Whether there is a demand in the public for the good, service, or facility;
(D) 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
(E) 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.
(2) (a) The commission shall develop, after consultation with governing boards of institutions of higher education and Colorado business organizations, guidelines for the provision of goods, services, and facilities to students, faculty, and staff of institutions of higher education and to the invited guests of such students, faculty, and staff.
(b) Repealed.
(3) (a) The governing board of each institution of higher education shall adopt, in accordance with guidelines established by the commission, procedures for the hearing of complaints by privately owned businesses. If a privately owned business makes a complaint of unfair competition in relation to the activities of an institution of higher education, the business shall have an opportunity for a hearing regarding such complaint. The complaint shall first be heard by the chief executive officer of the institution, or his designee, and appeal may be made by the privately owned business to the governing board of the particular institution involved in the complaint.
(b) Repealed.
(4) This section shall not apply to:
(a) The Colorado health sciences center operated by the university of Colorado, except in those cases in which the health sciences center provides prosthetic or medical devices, or services related to such devices, and a surgical or medical treatment or procedure is not involved in the application of the device;
(b) The provision of free medical services or equipment to indigents in association with a community service health program;
(c) Public service radio and television stations licensed to a governing board or to the institution of higher education under its jurisdiction.
Source: L. 88: Entire article added, p. 987, � 1, effective April 22. L. 96: (3)(b) repealed, p. 1834, � 9, effective June 5; (2)(b) repealed, p. 1232, � 59, effective August 7.
Cross references: For the legislative declaration contained in the 1996 act repealing subsection (2)(b), see section 1 of chapter 237, Session Laws of Colorado 1996.
24-113-105. State agency competition - complaints - advisory board. (Repealed)
Source: L. 88: Entire article added, p. 988, � 1, effective July 1; entire section amended, p. 1436, � 35, effective July 1. L. 97: Entire section repealed, p. 526, � 7, effective July 1.