(1) All construction contracts for public projects that do not receive federal moneys may be solicited by invitation for bids pursuant to this section.
(2) An invitation for bids shall be issued and shall include a project description and all contractual terms and conditions applicable to the public project.
(3) Adequate public notice of the invitation for bids shall be given at least fourteen days prior to the date set forth therein for the opening of bids, pursuant to rules. Such notice may include publication by electronic online access pursuant to section 24-92-104.5 or in a newspaper of general circulation at least fourteen days prior to bid opening or in an electronic medium approved by the executive director of the department of personnel.
(4) Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the invitation for bids. The amount of each bid and such other relevant information as may be specified by rules, together with the name of each bidder, shall be entered on a record, and the record shall be open to public inspection. After the time of the award, all bids and bid documents shall be open to public inspection in accordance with the provisions of sections 24-72-203 and 24-72-204.
(5) Bids shall be unconditionally accepted, except as authorized by subsection (7) of this section. Bids shall be evaluated based on the requirements set forth in the invitation for bids, which may include criteria to determine acceptability, such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in the evaluation for award shall be objectively measurable, such as discounts, transportation costs, and total or life-cycle costs.
(6) Withdrawal of inadvertently erroneous bids before the award may be permitted pursuant to rules if the bidder submits proof of evidentiary value which clearly and convincingly demonstrates that an error was made. Except as otherwise provided by rules, all decisions to permit the withdrawal of bids based on such bid mistakes shall be supported by a written determination made by the responsible officer.
(7) The contract shall be awarded with reasonable promptness by written notice to the low responsible bidder whose bid meets the requirements and criteria set forth in the invitation for bids. In the event that all bids for a construction project exceed available funds, as certified by the appropriate fiscal officer, the responsible officer is authorized, in situations where time or economic considerations preclude resolicitation of work of a reduced scope, to negotiate an adjustment of the bid price with the low responsible bidder in order to bring the bid within the amount of available funds; except that the functional specifications integral to completion of the project may not be reduced in scope, taking into account the project plan, design, and specifications and quality of materials.
Source: L. 81: Entire article added, p. 1255, � 1, effective July 1. L. 98: (3) amended, p. 1097, � 11, effective June 1. L. 2009: (3) amended, (SB 09-290), ch. 374, p. 2041, � 7, effective August 5. L. 2013: (1) amended, (HB 13-1292), ch. 266, p. 1400, � 8, effective May 24. L. 2017: (1) amended, (HB 17-1051), ch. 99, p. 352, � 68, effective August 9.
Cross references: In 2013, subsection (1) 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.
24-92-103.5. Construction of public projects - invitation for best value bids. (1) 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.
(2) 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 notice of the invitation for bids shall be given at least thirty days prior to the date set forth therein for the opening of bids.
(3) The invitation for competitive sealed best value bids must identify the evaluation factors upon which the award will be made. When making the award determination, the responsible officer shall evaluate the factors specified in the invitation for bids and shall not evaluate any other factors other than those specified in the invitation for bids. The factors that must be included in the invitation for bids and that the responsible officer shall consider include, but need not be limited to:
(a) The project price stated in the bid;
(b) The bidder's design and technical approach to the public project;
(c) The experience, past performance, and expertise of the bidder and the bidder's primary subcontractors in connection with prior construction contracts, including its performance in the areas of cost, quality, schedule, safety, compliance with plans and specifications, and adherence to applicable laws and regulations;
(d) The bidder's project management plan for the construction contract that identifies the key management personnel that will be used for the project, the proposed project schedule, the bidder's quality control program and project safety program, financial resources, equipment, and any other information that demonstrates the bidder's competency to perform the contract, including technical qualifications and resources;
(e) The bidder's staffing plan;
(f) The bidder's safety plan and safety record;
(g) The bidder's job standards, including the bidder's method of personnel procurement, employment of Colorado workers, workforce development and long-term career opportunities of workers, the availability of training programs, including apprenticeships registered by the United States department of labor's office of apprenticeship or a state apprenticeship agency recognized by that office, the benefits provided to workers, including health-care and defined benefit or defined contribution retirement benefits, and whether the bidder pays industry-standard wages; and
(h) The availability and use of domestically produced iron, steel, and related manufactured goods to execute the contract.
(4) The contract shall be awarded with reasonable promptness by written notice to the bidder whose bid is determined in writing to be the most advantageous to the state and that represents the best overall value to the state, taking into consideration the price and other evaluation factors set forth in the invitation for bids in accordance with subsection (3) of this section. The contract file maintained by the state must contain the basis on which the award determination was made.
(5) An invitation for best value bids issued pursuant to this section must otherwise comply with the requirements of section 24-103-203 concerning requests for proposals for nonconstruction contracts to the extent that such requirements do not conflict with this section. In the case of a conflict, the provisions of this section supersede.
(6) To ensure that the best value bidding process pursuant to this section is open and transparent to the greatest possible degree:
(a) After selection of most qualified participants, all statements of qualification shall be made available to the public; and
(b) After the contract has been awarded, all requests for proposals shall be made public with the score sheets used to make the bid selection, omitting any confidential corporate information.
Source: L. 2013: Entire section added, (HB 13-1292), ch. 266, p. 1400, � 9, effective May 24. L. 2017: (5) amended, (HB 17-1051), ch. 99, p. 352, � 69, effective August 9. L. 2023: (3)(g) amended, (SB 23-051), ch. 37, p. 147, � 27, effective March 23.
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.