Title 24, Government - State

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.

As used in this article 92, unless the context otherwise requires: (1) 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 discreti…

(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 appl…

(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 …

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 agenc…

(1) The provisions of sections 24-92-103 and 24-92-103.5 do not apply to: (a) A public project for which the agency of government receives no bids or for which all bids have been rejected; or (b) A situation for which the responsible officer determines it is necessary to make eme…

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.

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…

(1) 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 …

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.

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 de…

(1) (a) Whenever an agency of government other than the department of transportation 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 b…

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 t…

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 leg…

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.

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.

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. Apprentic…

(1) (a) [Editor’s note: This version of the introductory portion to subsection (1)(a) is effective until July 1, 2027.] 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 th…

(1) [Editor’s note: This section is effective July 1, 2027.](1) As used in this section, unless the context otherwise requires: (a) “Agency of government” has the meaning set forth in section 24-92-201 (1). (b) “Craft labor” means employees who are engaged in the construction of …

(1) 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 each highway maintenance project for the reporting year that costs more than one hundred fifty …

(1) The short title of this section and section 24-92-118 is the “Buy Clean Colorado Act”. (2) As used in this section, unless the context otherwise requires: (a) “Eligible material” means materials used in the construction of a public project, including: (I) Asphalt and asphalt …

(1) The short title of this section and section 24-92-117 is the “Buy Clean Colorado Act”. (2) As used in this section, unless the context otherwise requires: (a) “Department” means the department of transportation. (b) “Eligible material” means materials used in the construction…

As used in this part 2, unless the context otherwise requires: (1) Agency of government means any agency, department, division, board, bureau, commission, institution, or section of the state which is a budgetary unit exercising construction contracting authority or discretion. A…

(1) Except as otherwise provided in subsection (2) of this section, any contractor who is awarded a contract for a public project by an agency of government in the amount of five hundred thousand dollars or more, and any subcontractors working on the public project, shall pay the…

(1) For solicitations issued for public projects on or after January 1, 2022, before awarding any contract for a public project in the amount of five hundred thousand dollars or more, an agency of government shall obtain from the director the general prevailing rate, as determine…

(1) Every contract for a public project subject to the provisions of this part 2 shall contain a stipulation that: (a) The contractor and any subcontractors shall pay all the employees employed directly on the site of the work, unconditionally and not less often than once a week,…

(1) In determining the applicable prevailing wage for public projects pursuant to section 24-92-204, the director shall use appropriate wage determinations issued by the United States department of labor in accordance with the “Davis-Bacon Act”, 40 U.S.C. sec. 3141, et seq., to e…

A copy of sections 24-92-203 and 24-92-204 shall be inserted in all contracts for public projects awarded by an agency of government if the contract price is five hundred thousand dollars or more. Source: L. 2019: Entire part added, (SB 19-196), ch. 316, p. 2952, � 2, effective A…

(1) Each contractor awarded a contract for public project with a contract price of five hundred thousand dollars or more and each subcontractor who performs work on the public project shall post in conspicuous places on the project, where employees are employed, posters that cont…

(1) (a) The director shall establish a separate apprenticeship contribution rate under the prevailing wage and fringe benefit requirements of this part 2. (b) The contracting agency of government shall specify in the competitive solicitation for a public project in the amount of …

(1) Upon receipt of a complaint from an employee, a former employee, or a contracting agency derived from an analysis of certified payroll records, a contracting agency of government shall report any perceived violation of this part 2 to the contractor within forty-eight hours of…

(1) An employee or former employee of a contractor or subcontractor may bring a civil action for a violation of section 24-92-204 for appropriate injunctive relief, actual damages, or both within three years after the occurrence of the alleged violation. An action commenced pursu…

The short title of this part 3 is the Colorado Energy Sector Public Works Project Craft Labor Requirements Act. Source: L. 2023: Entire part added, (SB 23-292), ch. 247, p. 1349, � 1, effective January 1, 2024.

(1) The general assembly hereby finds and declares that: (a) The energy industry in Colorado is undergoing a historic transformation to address threats posed by climate change, which includes efforts to diversify capacity, promote the development of renewable and other clean, non…

As used in this part 3, unless the context otherwise requires: (1) Construction means the construction, alteration, or repair of an energy sector public works project, consistent with and including the same limitations as the definition of construction as established in section 4…

(1) (a) Except as otherwise provided in subsections (1)(b) and (1)(c) of this section, a contract between public utilities, cooperative electric associations, or independent power producers and lead contractors for an energy sector public works project must include provisions exp…

(1) The lead contractor for an energy sector public works project shall prepare certified payroll records for craft workers directly employed by the contractor, obtain certified payroll records from all contractors and subcontractors on the projects, and submit the records to the…

(1) A public utility, cooperative electric association, or independent power producer is authorized to incorporate a project labor agreement requirement for an energy sector public works project if the project labor agreement will promote successful project delivery by securing a…

Nothing in this section contravenes the statutory authority of the public utilities commission to consider overall project costs, the impact of a project on utility customers, or the impact of project cost on utility rates.