Title 24, Government - State

(1) Any aggrieved party in connection with the solicitation or award of a contract may protest to the procurement official or his or her designee. The protest of an invitation for bids or a request for proposals shall be submitted in writing to the procurement official or his or …

A contract resulting from a request for proposals is not awarded until any protest made in connection with the request for proposals has been resolved pursuant to section 24-109-102 (2). Source: L. 81: Entire article added, p. 1278, § 1, effective January 1, 1982. L. 85: Entire s…

(1) (a) After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the procurement official or his or her designee, after consultation with the using agency and the attorney general, shall have authority to debar a person for any of the…

(1) This section applies to controversies between the state and a contractor which arise under, or by virtue of, a contract between them, including, without limitation, controversies which are based upon breach of contract, mistake, misrepresentation, or any other cause for contr…

(1) The procurement official or his or her designee shall issue a written decision within the periods specified in this article 109 regarding any protest, debarment or suspension, or contract controversy if it is not settled by mutual agreement. The decision shall state the reaso…

For the purposes of this article 109, in computing time for a period of days, the first business day is excluded and the last business day is included. Source: L. 2017: Entire section added, (HB 17-1051), ch. 99, p. 342, § 47, effective August 9.

(1) Unless an action has been initiated previously in the district court of the city and county of Denver pursuant to this article 109, the executive director shall have the authority to review and determine any appeal by an aggrieved party from a decision of the procurement offi…

(1) The executive director shall adopt rules of procedure which, to the fullest extent possible, provide for the expeditious resolution of appeals of controversies. The only parties to the appeals shall be the aggrieved parties and the appropriate governmental body. Section 24-4-…

(1) In the case of an appeal to the executive director from a decision regarding a protested solicitation or award, the aggrieved party shall file an appeal within ten business days of the date that a decision is mailed or otherwise furnished to the aggrieved party pursuant to se…

(1) On each appeal submitted, the executive director or his or her designee shall promptly decide the contract controversy, debarment, or suspension or whether the solicitation or award was in accordance with the procedures provided in this code, regulations enacted pursuant to t…

An appeal of a decision of the executive director or his or her designee rendered pursuant to section 24-109-201 or by the procurement official or his or her designee rendered pursuant to section 24-109-107 shall be filed with the district court for the city and county of Denver,…

(1) A judicial review of a decision of the executive director or his or her designee or of the procurement official or his or her designee shall be initiated within the following time periods: (a) In the case of an action between the state and an aggrieved party aggrieved in conn…

Except for interest payable on liability incurred by the state under section 24-30-202 (24), interest on amounts determined to be due to a contractor or to the state under this code shall accrue from the date the controversy was submitted pursuant to section 24-109-106 through th…

If any governmental body purchases any supplies, services, or construction contrary to the provisions of this code or the rules promulgated pursuant thereto, the head of such governmental body and the public employee, which for the purposes of this section includes elected offici…

The remedies set forth in this part 5 shall be the exclusive remedies available to an aggrieved party upon a judicial or administrative determination that a solicitation or award of a contract was in violation of this code. For the purposes of this part 5, a violation of the code…

If, prior to the awarding of a contract, the procurement official determines that a solicitation or the proposed award is in violation of this code, the solicitation or proposed award shall be canceled or revised to comply with this code, at the direction of the procurement offic…

If the procurement official determines that the solicitation or award is in violation of this code, the procurement official may cancel or terminate such solicitation or award, direct the governmental body to modify such solicitation or award to eliminate the violations, or if th…

(1) If the executive director or his or her designee determines that the solicitation or award is in violation of this code in any material respect, the executive director or his or her designee may cancel or terminate such solicitation or award, direct the purchasing agency to m…

When a protest is sustained by the procurement official or upon administrative or judicial review and the aggrieved party should have been, but was not, awarded the contract under the solicitation, the aggrieved party shall be entitled to only the reasonable costs incurred in con…

(1) In accordance with the provisions of this article 110 and rules promulgated by the executive director, any public procurement unit may either participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of any supplies, services, or c…

Any public procurement unit may sell to, acquire from, or use any supplies belonging to another public procurement unit or external procurement unit independent of the requirements of article 103 of this title 24. Source: L. 81: Entire article added, p. 1282, § 1, effective Janua…

Any public procurement unit may enter into an agreement, independent of the requirements of article 103 of this title 24, with any other public procurement unit or external procurement unit for the cooperative use of supplies or services under the terms agreed upon between the pa…

Any public procurement unit may enter into agreements for the common use or lease of warehousing facilities, capital equipment, and other facilities with another public procurement unit or an external procurement unit under the terms agreed upon between the parties. Source: L. 81…

(1) Any public procurement unit is authorized, in its discretion, upon written request from another public procurement unit or external procurement unit, to provide personnel to the requesting public procurement unit or external procurement unit. (2) Informational, technical, and…

All payments from any public procurement unit or external procurement unit that are received by a public procurement unit for supplying personnel or services shall be available for use as authorized by law or pursuant to fiscal rules. Source: L. 81: Entire article added, p. 1284,…

Whenever the public procurement unit or external procurement unit that is administering a cooperative purchasing agreement complies with the requirements of this code, the public procurement unit that is participating in such agreement shall also be deemed to have complied with t…

(1) The executive director may certify any of the following entities as a local public procurement unit: (a) Any behavioral health safety net provider, as defined in section 27-50-101, any nonprofit case management agency, as defined in section 25.5-6-1702 (2), or any nonprofit s…

To the extent possible, the executive director may collect information concerning the type, cost, quality, and quantity of commonly used supplies, services, or construction being procured or used by state public procurement units. The executive director, through the division of l…

In the case of a cooperative purchasing agreement, controversies which arise between an administering public procurement unit and its bidders, offerors, or contractors may be resolved in accordance with article 109 of this title. Source: L. 81: Entire article added, p. 1284, § 1,…

Notwithstanding the requirements of section 24-103-201, state procurement contracts, where appropriate, shall be awarded as provided in sections 17-24-111, 24-30-1203, and 26-8.2-103, C.R.S. Source: L. 81: Entire article added, p. 1284, § 1, effective January 1, 1982.

(1) When two or more socioeconomic procurement programs are applicable to the same procurement, businesses benefitting from such programs shall be considered in the following order of precedence: (a) Correctional industries; (b) Industries for the visually impaired; (c) Industrie…

(1) This code shall take effect on January 1, 1982. The provisions of this code apply to contracts solicited or entered into on or after said date, although the parties to a contract may agree to the application of this code to a contract solicited or entered into prior to Januar…

The general assembly hereby finds and declares that state government competes with the private sector when state government provides certain goods and services to the public. Recognizing this problem, it is the intent of the general assembly and the purpose of this article to pro…

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 ente…

(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…

(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, unles…

As used in this article, unless the context otherwise requires: (1) "Disciplinary action" means any direct or indirect form of discipline or penalty, including, but not limited to, dismissal, demotion, transfer, reassignment, suspension, corrective action, reprimand, admonishment…

(1) Except as provided in subsection (2) of this section, no appointing authority or supervisor of a private enterprise under contract with a state agency shall initiate or administer any disciplinary action against any employee on account of the employee's disclosure of informat…

Any employee may bring a civil action in the district court alleging a violation of section 24-114-102. If the employee prevails, the employee may recover damages, together with court costs, and the court may order such other relief as it deems appropriate. Source: L. 88: Entire …

This article shall be known and may be cited as the "Critical State Needs Financing Act". Source: L. 2005: Entire article added, p. 745, § 1, effective June 1.

(1) The general assembly hereby finds and declares that: (a) The population of the state has grown rapidly in recent years, and that growth has increased the burdens placed upon state and local governments. (b) The state and local governments have found it difficult to maintain e…

As used in this article, unless the context otherwise requires: (1) "Board" means the board of directors of the critical needs financing corporation. (2) "Commission" means the transportation commission created in section 43-1-106 (1), C.R.S. (3) "Corporation" means the critical …

(1) There is hereby created an independent public body politic and corporate to be known as the critical needs financing corporation. The corporation shall be a body corporate and an instrumentality of the state and shall not be an agency of state government and shall not be subj…

(1) (a) The director of the office of state planning and budgeting shall call and convene the initial organizational meeting of the board and shall serve as its chair pro tempore. At the meeting, appropriate bylaws shall be presented for adoption. The bylaws may provide for the e…

(1) Three members of the board shall constitute a quorum for the purpose of conducting business and exercising the board's powers. Action may be taken by the board upon the affirmative vote of three members of the board. A vacancy in the membership of the board shall not impair t…

(1) In addition to any other powers specifically granted to the corporation in this article, the corporation has the following powers: (a) To have perpetual existence and succession as a body politic and corporate; (b) To adopt, amend, or repeal bylaws for the regulation of its a…