C.R.S. § 24-101-101 Short title
24-101-101. Short title. The short title of articles 101 to 112 of this title 24 is the "Procurement Code", referred to in said articles as the "code".
Procurement Code - General Provisions
C.R.S. tit. 24, art. 101
in effectC.R.S. § 24-101-102 Purposes - rules of construction
24-101-102. Purposes - rules of construction. (1) This code shall be construed and applied to promote its underlying purposes and policies.
(2) The underlying purposes and policies of this code are:
(a) To simplify, clarify, and modernize the law governing procurement by the state of Colorado;
(b) To provide for increased public confidence in the procedures followed in public procurement;
(c) To ensure the fair and equitable treatment of all persons who deal with the procurement system of the state of Colorado;
(d) To provide increased economy in state procurement activities and to maximize to the fullest extent practicable the purchasing value of public funds of the state of Colorado;
(e) To foster effective broad-based competition within the free enterprise system; and
(f) To provide safeguards for the maintenance of a procurement system of quality and integrity.
C.R.S. § 24-101-103 Supplementary general principles of law applicable
24-101-103. Supplementary general principles of law applicable. (Repealed)
C.R.S. § 24-101-104 Requirement of good faith
24-101-104. Requirement of good faith. This code requires all parties involved in the procurement of any good or service or in the negotiation, performance, or administration of any contract for those goods or services to act in good faith.
C.R.S. § 24-101-105 Application of this code
24-101-105. Application of this code. (1) (a) This code applies to all publicly funded contracts entered into by all governmental bodies of the executive branch of this state; except that this code does not apply to:
(I) Bridge and highway construction or to contracts for unsolicited or comparable proposals for public-private initiatives under section 43-1-1203;
(II) Contracts between the state and its political subdivisions or other governments, except as provided in article 110 of this title 24;
(II.5) Grants;
(III) Public printing, as defined in section 24-70-201, except for the provisions of article 109 of this title 24;
(IV) Professional services, as defined in section 24-30-1402;
(V) The Colorado state fair authority created pursuant to section 35-65-401 (1);
(VI) The state board of land commissioners in connection with contract expenditures from the state board of land commissioners investment and development fund created in section 36-1-153 (1), or the commercial real property operating fund created in section 36-1-153.7;
(VII) Repealed.
(VIII) Utilities, including water, electricity, and natural gas;
(IX) Works of art for display, purchase, or performance;
(X) Copyrighted materials such as books, periodicals, collections, and subscriptions;
(XI) Conference facilities at hotels or other venues that include, but need not to be limited to, meeting rooms, audio visual equipment, catering, and guest accommodation rooms;
(XII) Client-based services including medical services or services where the client has the right to choose the vendor;
(XIII) Dues and memberships;
(XIV) Annuities;
(XV) Real property or interest in real property;
(XVI) The habitat partnership program created in section 33-1-110 (8)(a);
(XVII) The department of early childhood in soliciting and selecting entities to serve as local coordinating organizations pursuant to section 26.5-2-103 and coordinating agreements entered into pursuant to section 26.5-2-105; or
(XVIII) Public-private partnerships authorized by part 1 of article 94 of this title 24.
(a.5) If the procurement official or his or her designee determines that reasonable competition exists in the procurement of a good or service that is exempt from the code pursuant to subsection (1)(a) of this section, the procurement official or his or her designee may require a competitive process.
(b) The governing board of each institution of higher education, including the Auraria higher education center established in article 70 of title 23, by formal action of the board, and the Colorado commission on higher education, by formal action of the commission, may elect to be exempt from the provisions of this code and may enter into contracts independent of the terms specified in this code.
(c) Repealed.
(d) (Deleted by amendment, L. 2017.)
(e) Upon the request to purchase items for resale to the public, the procurement official may, by written determination, provide that this code shall not apply to items acquired for such resale.
(f) Nothing in this code or in rules promulgated under this code shall prevent any governmental body or political subdivision from complying with the terms and conditions of any grant, gift, bequest, or cooperative agreement.
(g) Upon the request to enter into a revenue-producing contract, the procurement official may, by written determination, provide that this code shall not apply to the revenue-producing contract. Governmental bodies shall maximize the return to the state when they are parties to revenue-producing contracts.
(2) All political subdivisions and local public agencies of this state are authorized to adopt all or any part of this code and its accompanying rules.
(3) and (4) (Deleted by amendment, L. 2017.)
C.R.S. § 24-101-106 Procurement training
24-101-106. Procurement training. The chief procurement officer, or his or her designee, may develop and conduct a procurement education and training program for employees of governmental bodies and for vendors.
C.R.S. § 24-101-107 Procurement ethics
24-101-107. Procurement ethics. Any person who is employed by a governmental body who purchases goods or services or is involved in the purchasing process for the state, any end users of such goods and services, any vendor or contractor that does business with the state, and any other interested third parties to the procurement process shall enhance the proficiency and stature of the purchasing process by adhering to the highest standards of ethical behavior.
C.R.S. § 24-101-201 Determinations
24-101-201. Determinations. Written determinations required by this code shall be retained in the appropriate official procurement file of the department of personnel or the purchasing agency administering the procurement.
C.R.S. § 24-101-301 Definitions
24-101-301. Definitions. The terms defined in this section have the following meanings whenever they appear in this code, unless the context in which they are used clearly requires a different meaning or a different definition is prescribed for a particular article or portion thereof:
(1) "Acceptance" means the action of consenting to receive or undertake something offered.
(2) "Award" means the selection of a bid or proposal by a governmental body. An award does not mean that a contract has been executed or that a commitment voucher has been issued pursuant to section 24-30-202.
(3) "Bidder" means any person that submits a bid in response to an invitation for bids.
(4) "Business" means any corporation, limited liability company, partnership, individual, sole proprietorship, joint-stock company, joint venture, or other private legal entity.
(5) "Business day" means any day other than Saturday, Sunday, or a legal holiday.
(6) "Chief procurement officer" means the individual to whom the executive director has delegated his or her authority pursuant to section 24-102-202 to procure or supervise the procurement of all supplies and services needed by the state.
(7) "Construction" means the process of building, altering, repairing, improving, or demolishing any public structure or building or any other public improvements of any kind to any public real property. For the purposes of this code, "construction" includes capital construction and controlled maintenance, as defined in section 24-30-1301.
(8) "Contingency-based contract" shall have the same meaning as set forth in section 24-17-203 (1).
(9) "Contract" means any type of state agreement, regardless of what it may be called, between a governmental body and a contractor, where the principal purpose is to acquire supplies, services, or construction or to dispose of supplies for the direct benefit of a governmental body. "Contract" includes commitment vouchers as described in section 24-30-202.
(10) "Contract modification" means any written alteration of a contract accomplished in accordance with the terms of that contract.
(11) "Contractor" means any person having a contract with a governmental body. For the purposes of this code, a vendor is considered a contractor.
(12) "Cooperative purchasing" means procurement conducted by, or on behalf of, more than one public procurement unit or by a public procurement unit with an external procurement unit.
(13) "Cost-reimbursement contract" means a contract under which a contractor is reimbursed for costs which are allowable and allocable in accordance with the contract terms and the provisions of this code and a fee, if any.
(14) "Department" means the department of personnel.
(15) "Established catalog price" means the price included in a catalog, price list, schedule, or other form that:
(a) Is regularly maintained by a manufacturer or contractor;
(b) Is either published or otherwise available for inspection by customers; and
in accordance with the contract terms and the provisions of this code and a fee, if any.
(14) "Department" means the department of personnel.
(15) "Established catalog price" means the price included in a catalog, price list, schedule, or other form that:
(a) Is regularly maintained by a manufacturer or contractor;
(b) Is either published or otherwise available for inspection by customers; and
(c) States prices at which sales are currently or were last made to a significant number of any category of buyers or buyers constituting the general buying public for the supplies or services involved.
(16) "Executive director" means the executive director of the department of personnel.
(17) "External procurement unit" means any buying organization not located in this state which, if located in this state, would qualify as a public procurement unit. An external procurement unit includes any purchasing cooperative that satisfies the purposes of this code as set forth in section 24-101-102. An agency of the United States is an external procurement unit.
(18) "Governmental body" means any department, commission, council, board, bureau, committee, institution of higher education, agency, government corporation, or other establishment or official, other than an elected official, of the executive branch of state government in this state; except that the governing board of each institution of higher education, including the Auraria higher education center established in article 70 of title 23, by formal action of the board, and the Colorado commission on higher education, by formal action of the commission, may elect to be excluded from the meaning of "governmental body".
(19) "Grant" means an agreement in which a governmental body as grantor transfers anything of value to a grantee to carry out a public purpose of support or stimulation authorized by law instead of acquiring property or services for the direct benefit or use of that governmental body. A grant may include a distribution of funds.
(20) "Invitation for bids" means all documents, whether attached or incorporated by reference, utilized for soliciting bids. Invitation for bids is the commonly used term for soliciting competitive sealed bids and competitive sealed best value bids.
(21) "Legal holiday" shall have the same meaning as defined in section 24-11-101 (1).
(22) "Local public procurement unit" means any county, city, county and city, municipality, or other political subdivision of the state, any public agency of any such political subdivision, any public authority, any educational, health, or other institution, and, to the extent provided by law, any other entity which expends public funds for the procurement of supplies, services, and construction.
(23) "Low responsible bidder" means any person who has bid in compliance with the invitation for bids and within the requirements of the plans and specifications for a public contract who is the low bidder and who has furnished bonds or their equivalent if required by law.
(24) "Low tie bids" means low responsible bids from bidders that are identical in amount and that meet all the requirements and criteria set forth in the invitation for bids pursuant to this code.
(25) "Nonresident bidder" means a bidder that does not satisfy the criteria to be a resident bidder.
(26) "Offeror" means any person that submits a proposal in response to a request for proposals.
(27) "Person" means any business, individual, union, committee, club, other organization, joint venture, or group of individuals.
d criteria set forth in the invitation for bids pursuant to this code.
(25) "Nonresident bidder" means a bidder that does not satisfy the criteria to be a resident bidder.
(26) "Offeror" means any person that submits a proposal in response to a request for proposals.
(27) "Person" means any business, individual, union, committee, club, other organization, joint venture, or group of individuals.
(28) "Procurement" means buying, purchasing, renting, leasing, or otherwise acquiring any supplies, services, or construction. "Procurement" includes all functions that pertain to the obtaining of any supply, service, or construction, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration. "Procurement" also includes the procurement of information technology as defined in section 24-37.5-102 (12).
(29) "Procurement agent" means any person duly authorized to enter into and administer procurements and make written determinations with respect thereto. "Procurement agent" includes an authorized representative acting within the limits of his or her authority.
(30) "Procurement official" means the individual of a purchasing agency with purchasing authority created pursuant to section 24-102-202 (3) or 24-102-302 (2) or the individual authorized to enter into contracts for capital construction or controlled maintenance pursuant to section 24-30-1303 (5).
(31) Except as otherwise provided in section 24-103-1103 (13), "professional services" means services of accountants, clergy, physicians, lawyers, and dentists and such other services as may be procured through agents of those services, excluding those professional services as defined in section 24-30-1402, as the executive director may by rule designate as professional services.
(32) "Public employee" means an individual drawing a salary from a governmental body or a noncompensated individual performing personal services for a governmental body.
(33) "Public procurement unit" means either a local public procurement unit or a state public procurement unit.
(34) "Purchase description" means the words used in a solicitation to describe the supplies, services, or construction to be purchased, and includes specifications attached to, or made a part of, the solicitation.
(35) "Purchasing agency" means any governmental body which is authorized to enter into contracts by section 24-102-302 (1) by way of delegation from the executive director pursuant to section 24-102-302 (2) or by the way of delegation from the executive director.
(36) "Request for proposals" means all documents, whether attached or incorporated by reference, utilized for soliciting proposals. Request for proposals is the commonly used term for soliciting competitive sealed proposals.
(37) "Resident bidder" means:
(a) A person that is authorized to transact business in Colorado and that maintains its principal place of business in Colorado; or
(b) A person that:
(I) Is authorized to transact business in Colorado;
(II) Maintains a place of business in Colorado; and
(III) Has paid Colorado unemployment compensation taxes in at least six of the eight quarters immediately prior to bidding on a construction contract for a public project.
(38) "Responsible" means the capability in all respects to perform fully the contract requirements and the integrity and reliability that will assure good faith performance.
(39) "Responsive" means a bid or proposal that meets the specifications, acceptability requirements, and terms and conditions of the solicitation and that uses the form prescribed by the purchasing agency.
(40) "Rules" means state procurement rules and has the same meaning as provided in section 24-4-102 (15).
(41) "Sealed" means a bid or proposal submitted in a manner that:
faith performance.
(39) "Responsive" means a bid or proposal that meets the specifications, acceptability requirements, and terms and conditions of the solicitation and that uses the form prescribed by the purchasing agency.
(40) "Rules" means state procurement rules and has the same meaning as provided in section 24-4-102 (15).
(41) "Sealed" means a bid or proposal submitted in a manner that:
(a) Ensures that the contents of the bid, proposal, or best value bid cannot be opened or viewed before the formal bid opening without leaving evidence that the document has been opened or viewed;
(b) Ensures that the document cannot be changed, once received by the state, without leaving evidence that the document has been changed;
(c) Bears a physical or electronic signature, as electronic signature is defined in the "Uniform Electronic Transactions Act", section 24-71.3-102 (8), evincing an intent by the bidder or offeror to be bound; and
(d) Records, manually or electronically, the date and time the bid or proposal is received by the state and that cannot be altered without leaving evidence of the alteration.
(42) "Services" means the furnishing of labor, time, or effort by a contractor not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. The term does not include professional services as defined in section 24-30-1402.
(43) "Solicitation" means all documents and related information, whether attached or incorporated by reference, published on an electronic procurement system in connection with a procurement prior to the response deadline.
(44) "Specification" means any description of the physical or functional characteristics or of the nature of a supply, service, or construction item. It may include a description of any requirement for inspecting, testing, or preparing a supply, service, or construction item for delivery.
(45) "State public procurement unit" means the department of personnel or any other purchasing agency of this state.
(46) "Statement of work" means a document that defines specific activities and deliverables and their respective timelines, all of which form a contractual obligation upon the vendor in providing services to the state.
(47) "Supplies" means all property, including but not limited to equipment, materials, and insurance. The term does not include land, the purchase of an interest in land, water or mineral rights, workers' compensation insurance, benefit insurance for state employees, or property furnished in connection with public printing, as defined in section 24-70-201.
(48) "Using agency" means any governmental body of the state which utilizes any supplies, services, or construction procured under this code.
C.R.S. § 24-101-401 Public access to procurement information
24-101-401. Public access to procurement information. (1) Except as provided in section 24-103-201.5, proposals and bids shall be opened so as to avoid disclosure of the contents of the proposal or bid to competing offerors during the review process. A register of proposals and bids shall be prepared in accordance with rules and such procurement records shall be open for public inspection after the award as provided in sections 24-72-203 and 24-72-204. The executive director may promulgate rules to clarify the process for classifying confidential or proprietary information in procurement records.
(2) (a) To the extent not prohibited by federal law, each contract entered into by a governmental body pursuant to this code shall specify that the contract and performance measures and standards under article 103.5 of this title are open to inspection by the public as provided in sections 24-72-203 and 24-72-204.
(b) Repealed.
C.R.S. § 24-101-402 Retention of procurement records
24-101-402. Retention of procurement records. All procurement records shall be retained and disposed of in accordance with records retention guidelines and schedules, as provided in section 24-80-103.
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