C.R.S. § 24-93-101 Short title
24-93-101. Short title. This article shall be known and may be cited as the "Integrated Delivery Method for Public Projects Act".
Construction Contracts
C.R.S. tit. 24, art. 93
in effectC.R.S. § 24-93-102 Legislative declaration
24-93-102. Legislative declaration. (1) The general assembly hereby finds and declares that:
(a) It is the policy of the state of Colorado to encourage public contracting procedures that encourage competition, openness, and impartiality to the maximum extent possible.
(b) Competition exists not only in the costs of goods and services, but also in the technical competence of the providers and suppliers in their ability to make timely completion and delivery and in the quality and performance of their products and services.
(c) Timely and effective completion of public projects may be achieved through a variety of methods when procuring goods and services for public projects.
(d) In enacting this article, the general assembly intends to establish for any agency of state government an optional alternative public project delivery method.
C.R.S. § 24-93-103 Definitions
24-93-103. Definitions. As used in this article, unless the context otherwise requires:
(1) "Agency" means any agency, department, division, board, bureau, commission, institution, or other agency of the executive, legislative, or judicial branch of state government that is a budgetary unit exercising construction contracting authority or discretion.
(2) "Contract" means any agreement for designing, building, altering, repairing, improving, demolishing, operating, maintaining, or financing a public project. For purposes of this article, "contract" includes capital construction as defined in section 24-30-1301 (2).
(3) "Cost-reimbursement contract" means a contract under which a participating entity is reimbursed for costs that are allowable and that is allocable in accordance with the contract terms and provisions of this article.
(4) "Integrated project delivery" or "IPD" means a project delivery method in which there is a contractual agreement between an agency and a single participating entity for the design, construction, alteration, operation, repair, improvement, demolition, maintenance, or financing, or any combination of these services, for a public project.
(5) "IPD contract" means a contract using an integrated project delivery method.
(6) "Participating entity" means a partnership, corporation, joint venture, unincorporated association, or other legal entity that provides appropriately licensed planning, architectural, engineering, development, construction, operating, or maintenance services as needed in connection with an IPD contract.
(7) "Public project" means any construction, alteration, repair, demolition, or improvement of any land, building, structure, facility, road, highway, bridge, or other public improvement suitable for and intended for use in the promotion of the public health, welfare, or safety and any operation or maintenance programs for the operation and upkeep of such projects.
C.R.S. § 24-93-104 Integrated project delivery contracts - authorization - effect of other laws
24-93-104. Integrated project delivery contracts - authorization - effect of other laws. (1) Notwithstanding any other provision of law, any agency may award an IPD contract for a public project in accordance with the provisions of this article upon the determination by such agency that integrated project delivery represents a timely or cost-effective alternative for a public project.
(2) Nothing in this article is intended to affect or limit the applicability of article 91 or 92 of this title to the extent the provisions of said articles are not inconsistent with the provisions of this article. To the extent there is a conflict between the provisions of article 91 or 92 of this title and this article, the provisions of this article shall control.
(3) Nothing in this article shall be construed as exempting any agency or participating entity from applicable federal, state, or local laws, rules, resolutions, or ordinances governing labor relations, professional licensing, public contracting, or other related laws, except to the extent that an exemption is granted under such legal authority or created by necessary implication from such legal authority.
C.R.S. § 24-93-105 Integrated project delivery contracting process - prequalification of participating entities - apprentice training
24-93-105. Integrated project delivery contracting process - prequalification of participating entities - apprentice training. (1) An agency may prequalify participating entities for IPD contracts by public notice of its request for qualifications prior to the date set forth in the notice. Any such request for qualifications may contain the following elements and such additional information as may be requested by the agency:
(a) A general description of the proposed public project;
(b) Relevant budget considerations;
(c) Requirements of the participating entity, including:
(I) If the participating entity is a partnership, limited partnership, limited liability company, joint venture, or other association, a listing of all of the partners, general partners, members, joint venturers, or association members known at the time of the submission of qualifications;
(II) Evidence that the participating entity, or the constituent entities or members thereof, has completed or has demonstrated the experience, competency, capability, and capacity, financial and otherwise, to complete projects of similar size, scope, or complexity;
(III) Evidence that the proposed personnel of the participating entity have sufficient experience and training to completely manage and complete the proposed public project; and
(IV) Evidence of all applicable licenses, registrations, and credentials required to provide the proposed services for the public project, including but not limited to information on any revocation or suspension of any such license, registration, or credential;
(d) The criteria for prequalification.
(2) From the participating entities responding to the request for qualifications, the agency shall prepare and announce a short list of participating entities that it determines to be most qualified to receive a request for proposal.
(3) Where an apprentice program as defined in section 8-15.7-101 (4) or certified by the office of apprenticeship in the employment and training administration in the United States department of labor exists in the state, or a comparable program for the training of apprentices is available in the state:
(a) Each participating entity shall demonstrate to the agency that it has access to either the certified program or a comparable alternative; and
(b) Each participating entity shall demonstrate that each of its subcontractors, at any tier, selected to perform work under a contract with a value of two hundred fifty thousand dollars or more has access to either the certified program or a comparable alternative.
C.R.S. § 24-93-106 Requests for proposals - evaluation and award of integrated project delivery contracts
24-93-106. Requests for proposals - evaluation and award of integrated project delivery contracts. (1) An agency shall prepare and publish a request for proposals for each IPD contract that complies with the requirements of this section. Requests for proposals for IPD contracts shall, at a minimum, include the following evaluation factors and subfactors that shall be used to evaluate the proposals and capabilities of participating entities:
(a) Price;
(b) Design and technical approach to the project;
(c) Past performance and experience;
(d) Project management capabilities, including financial resources, equipment, management personnel, project schedule, and management plan; and
(e) Craft labor capabilities, including adequacy of craft labor supply and access to federal or state-approved apprenticeship programs, if available.
(2) The agency responsible for the IPD contract shall select, on the basis of these factors, and any other factors and subfactors included in the request for solicitation as authorized by this section, the participating entity whose proposal is most advantageous and represents the best overall value to the state.
(3) Requests for proposals may contain additional relevant factors and subfactors as determined by the agency, which may include:
(a) The procedures to be followed for submitting proposals;
(b) The criteria for evaluation of a proposal, which criteria may provide for selection of a proposal on a basis other than solely the lowest costs estimates submitted;
(c) The procedures for making awards;
(d) Required performance standards as defined by the participating entity;
(e) A description of the drawings, specifications, or other submittals to be provided with the proposal, with guidance as to the form and the acceptable level of completion of the drawings, specifications, or submittals;
(f) Relevant budget considerations or, for an IPD contract that includes operation or maintenance services, the life-cycle cost analysis for the contract;
(g) The proposed scheduling for the project; and
(h) The stipend, if any, to be paid to participating entities responding to the request for proposals who appear on the agency's short list pursuant to section 24-93-105 (2) but whose proposals are not selected for award of the IPD contract.
(4) After obtaining and evaluating proposals according to the criteria and procedures set forth in the request for proposals in accordance with the requirements specified in subsection (1) of this section, an agency may accept the proposal that, in its estimation, represents the best value to the agency. Acceptance of a proposal shall be by written notice to the participating entity that submitted the accepted proposal.
(5) With respect to performance under each IPD contract, the agency and participating entity shall comply with all laws applicable to public projects.
(6) Notwithstanding any other provision of law, a participating entity selected for award of an IPD contract shall not be required to be licensed or registered to provide professional services, as defined in section 24-30-1402 (6), if the person or firm actually performing any such professional services on behalf of the participating entity is appropriately licensed or registered and if the participating entity otherwise complies with applicable state licensing laws and requirements related to such professional services.
C.R.S. § 24-93-107 Supplemental provisions
24-93-107. Supplemental provisions. The executive director of the department of personnel may establish supplemental provisions that are designed to implement the provisions of this article; except that the executive director of the department of transportation may establish supplemental provisions relating to bridge and highway construction contract procurement practices, including, notwithstanding any other provision of this article, provisions governing debarment of participating entities.
C.R.S. § 24-93-108 Types of contracts
24-93-108. Types of contracts. Subject to the requirements of this section, any agency making use of the provisions of this article may award any type of contract that will promote the best interests of the agency; except that the use of a cost-plus-a-percentage-of-cost contract under this article is prohibited. An agency may award a cost-reimbursement contract only when a determination is made in writing that such contract is either likely to be less costly to the agency than any other type of contract or that it is impracticable to obtain the required construction or other services authorized under this article unless the cost-reimbursement contract is used. Operation and maintenance elements may be procured on a cost-reimbursement basis under or in connection with an IPD contract.
C.R.S. § 24-93-109 Disclosure
24-93-109. Disclosure. The executive director of an agency or president of an institution of higher education that enters into a construction contract for a public project pursuant to this article shall disclose to the public the agency's rationale or the institution's rationale for selecting the integrated project delivery contracting process pursuant to this article for the public project. The agency or institution shall post the disclosure on its website.
C.R.S. § 24-93-110 Department of transportation - additional requirements for integrated project delivery contracts - short-listing - transparency
24-93-110. Department of transportation - additional requirements for integrated project delivery contracts - short-listing - transparency. (1) The department of transportation shall not exclude a participating entity from a short list, prepared and announced by the department as required by section 24-93-105 (2), of responding participating entities that have been determined to be most qualified to receive a request for proposals for an IPD contract for a public project based solely on the participating entity's lack of experience in delivering a public project in the state by the IPD method to be used for the public project.
(2) (a) If the cost to complete a public project is expected to exceed seventy-five million dollars, the department of transportation shall, before selecting the IPD method for a construction project and beginning the procurement process:
(I) Hold public meetings with the construction industry and the general public to discuss the justification for selecting the IPD method. The required public meetings may be held in conjunction with other required public meetings about the project or as stand-alone meetings.
(II) Obtain approval for the use of the IPD method from the transportation commission created in section 43-1-106.
(b) For any public project, regardless of the expected cost of completion, to be completed using the IPD method, the department of transportation shall:
(I) Before beginning the procurement process, publish on the department's website, the justification for selecting the IPD method;
(II) During the procurement process, include the justification for selecting the IPD method in any request for qualifications and in the request for proposals;
(III) Following the award of the IPD contract to a participating entity, publish on the department's website the evaluation scores for each step of the IPD contract solicitation phase for all solicitations received and evaluated; and
(IV) From the time the IPD contract is executed until the department's final acceptance of the completed public project, provide, maintain, and update on the department's website a transparency platform such as a dashboard that indicates the ongoing status of the public project.
(3) The requirements of this section apply only to a public project involving infrastructure that is part of the state highway system, as described in section 43-2-101 (1).
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-24.docxFetched: 10/6/2026