About Us

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Mission

DCA will provide the best value to the State in every service we offer and to every customer we serve.

 

History

The Division of Capital Assets (DCA) consists of Capitol Complex Facilities Management and State Fleet Management, residing under the Department of Personnel & Administration.

In 2016, the Division of Central Services was restructured and Capitol Complex Facilities Management and State Fleet Management were moved out of that division to create their own, the Division of Capital Assets (DCA). The Capital Assets Division Director is Richard "Rick" Lee. (bio)

DCA exists to provide centralized business support services at competitive pricing to State agencies. DCA was created in November 2016 but Capitol Complex Facilities Management and State Fleet Management were both originally under the Division of Central Services (DCS) which was created in 1976 by State Statute, Part II; 24-30-1101. (DCA statute remains under the Division of Central Services (DCS) Part II; 24-30-1101).

Rules and Statutes remain combined with the Division of Central Services until otherwise documented. In order to maximize volume-based savings, all State agencies, except institutions of higher education as allowed under HB 04-1009, are required to participate. DCA provides customers with a product or service tailored to their specific needs, at a price they can afford, and at a level of quality for which they can be proud.
 


Rules & Statutes

DCA Rules

1 CCR 103-1 — STATE FLEET MANAGEMENT (Revised — Effective February 1, 2019)

1 CCR 103-2 — PARKING RULES/CAPITOL COMPLEX (Revised — Effective January 14, 2021)

1 CCR 103-3 — GROUND PERMIT REGULATIONS/STATE CAPITOL BUILDINGS (Revised — Effective October 30, 2015)

1 CCR 103-5 — LEASING RULES/CAPITOL COMPLEX TENANTS

1 CCR 103-4 — COLORADO CONVENTION CENTER DISPLAY SPACE/STATE USE OF

 


DCA Statutes

TITLES 18 & 24 — Revised July 2018 (Capitol Complex Facilities & State Fleet Management)

COLORADO REVISED STATUTES, 2018

 

TITLE 18  — CRIMINAL CODE — ARTICLE 9 — PUBLIC PEACE & ORDER

TITLE 18 — CRIMINAL CODE (JULY 2018)

ARTICLE 9 — PUBLIC PEACE AND ORDER

18-9-117.  Unlawful conduct on public property. (1)  It is unlawful for any person to enter or remain in any public building or on any public property or to conduct himself or herself in or on the same in violation of any order, rule, or regulation concerning any matter prescribed in this subsection (1), limiting or prohibiting the use or activities or conduct in such public building or on such public property, issued by any officer or agency having the power of control, management, or supervision of the building or property. In addition to any authority granted by any other law, each such officer or agency may adopt such orders, rules, or regulations as are reasonably necessary for the administration, protection, and maintenance of such public buildings and property, specifically, orders, rules, and regulations upon the following matters:

            (a)  Preservation of property, vegetation, wildlife, signs, markers, statues, buildings and grounds, and other structures, and any object of scientific, historical, or scenic interest;

            (b)  Restriction or limitation of the use of such public buildings or property as to time, manner, or permitted activities;

            (c)  Prohibition of activities or conduct within public buildings or on public property which may be reasonably expected to substantially interfere with the use and enjoyment of such places by others or which may constitute a general nuisance or which may interfere with, impair, or disrupt a funeral or funeral procession;

            (d)  Necessary sanitation, health, and safety measures, consistent with section 25-13-113, C.R.S.;

            (e)  Camping and picnicking, public meetings and assemblages, and other individual or group usages, including the place, time, and manner in which such activities may be permitted;

            (f)  Use of all vehicles as to place, time, and manner of use;

            (g)  Control and limitation of fires, including but not limited to the prohibition, restriction, or ban on fires or other regulation of fires to avert the start of or lessen the likelihood of wildfire, and the designation of places where fires are permitted, restricted, prohibited, or banned.

            (2)  No conviction may be obtained under this section unless notice of such limitations or prohibitions is prominently posted at all public entrances to such building or property or unless such notice is actually first given the person by the officer or agency, including any agent thereof, or by any law enforcement officer having jurisdiction or authority to enforce this section.

            (3) (a)  Except as otherwise provided in paragraphs (b) and (c) of this subsection (3), any person who violates subsection (1) of this section is guilty of a class 3 misdemeanor.

            (b)  Any person who violates any order, rule, or regulation adopted pursuant to paragraph (g) of subsection (1) of this section is guilty of a class 2 misdemeanor and shall be assessed a fine of not less than two hundred fifty dollars and not greater than one thousand dollars. The fine imposed by this paragraph (b) shall be mandatory and not subject to suspension. Nothing in this paragraph (b) shall be construed to limit the court's discretion in exercising other available sentencing alternatives in addition to the mandatory fine.

            (c)  Any person who violates any order, rule, or regulation adopted pursuant to paragraph (c) of subsection (1) of this section concerning funerals or funeral processions is guilty of a class 2 misdemeanor.

TITLE 24 — GOVERNMENT — STATE — ARTICLE 1 — ADMINISTRATION

TITLE 24 — GOVERNMENT — STATE (AUGUST 2018)

ARTICLE 1 — ADMINISTRATION

24-1-136.5.  Long-range planning for capital construction, controlled maintenance, capital renewal - policy - heads of principal departments. (1)  The executive director of each department, after consultation with the directors of the subordinate agencies, divisions, or offices within the department, has the authority to prescribe uniform policies, procedures, and standards of space utilization in department facilities, except for office space, for the development and approval of capital construction, controlled maintenance, and capital renewal projects for the department. Nothing in this subsection (1) should be construed to alter the authority of the office of the state architect to prescribe uniform standards for office space pursuant to section 24-30-1303 (1)(h).

            (2)  The executive director shall review facilities master planning and facilities program planning for all capital construction, controlled maintenance, and capital renewal projects on department real property, regardless of the source of funds and shall submit for approval all such facilities master plans and facilities program plans to the office of the state architect for approval as specified in section 24-30-1311. No capital construction, controlled maintenance, or capital renewal shall commence except in accordance with an approved facilities master plan, facilities program plan, and physical plan.

            (3)  The executive director shall ensure conformity of facilities master planning with approved department operational master plans, facilities program plans with approved facilities master plans, and physical plans with approved facilities program plans.

            (4)  Plans for any capital construction, controlled maintenance, or capital renewal project for the department are subject to the approval of the executive director, regardless of the source of funds. The executive director may exempt any project which requires less than five hundred thousand dollars of state moneys from the requirements for master planning and program planning.

            (5)  The executive director shall annually request from the director of each subordinate agency, division, or office within the department a five-year projection of any capital construction, controlled maintenance, and capital renewal projects. The projection must include the estimated cost, the method of funding, a schedule for project completion, and the director's priority for each project. The executive director shall determine whether a proposed project is consistent with operational master planning and facilities master planning of the department and conforms to space utilization standards established pursuant to subsection (1) of this section and section 24-30-1303 (1)(h).

            (6) (a)  The executive director shall annually establish a department five-year capital construction, controlled maintenance, and capital renewal plan coordinated with department operational master plans and facilities master plans and forward the five-year plan to the office of the state architect for review as required in section 24-30-1311.

            (b)  The executive director shall transmit to the office of the state architect, consistent with the executive budget timetable, a recommended priority of funding of capital construction, controlled maintenance, and capital renewal projects for the department.

            (c)  Except as provided in subsection (4) of this section, it is the policy of the general assembly to appropriate funds only for projects approved by the office of the state architect.

            (7)  Any acquisition or utilization of real property by a department that is conditional upon or requires expenditures of state funds or federal funds is subject to the approval of the executive director and the office of the state architect, regardless of whether the acquisition is by lease, lease-purchase, purchase, gift, or otherwise.

            (8)  Prior to approving the facilities master plan and facilities program plan for any capital construction, controlled maintenance, or capital renewal project to be constructed, operated, and maintained solely from fees, gifts and bequests, grants, revolving funds, or a combination of such sources, the executive director shall request and consider recommendations from the office of the state architect.

            (9)  This section does not apply to the department of higher education, nor should it be construed to alter the duties of the Colorado commission on higher education set forth in section 23-1-106, C.R.S.

            (10)  As used in this section, unless the context otherwise requires:

            (a)  "Capital construction" has the same meaning as set forth in section 24-30-1301 (2).

            (b)  "Capital renewal" has the same meaning as set forth in section 24-30-1301 (3).

            (c)  "Controlled maintenance" has the same meaning as set forth in section 24-30-1301 (4), including the limitations specified in section 24-30-1303.9.

            (d)  "Facility" has the same meaning as set forth in section 24-30-1301 (8).

            (e)  "Real property" has the same meaning as set forth in section 24-30-1301 (15).

            Source: L. 94: Entire section added, p. 561, § 2, effective April 6. L. 95: (1) amended, p. 639, § 28, effective July 1. L. 2007: (4) amended, p. 868, § 1, effective May 14. L. 2014: Entire section amended, (HB 14-1387), ch. 378, p. 1836, § 36, effective June 6. L. 2015: (1), (2), (6), (7), and (8) amended, (SB 15-270), ch. 296, p. 1217, § 16, effective June 5.

            Cross references: (1)  For the legislative declaration contained in the 1995 act amending subsection (1), see section 112 of chapter 167, Session Laws of Colorado 1995.

            (2)  For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.

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TITLE 24 —  PART 11 — DIVISION OF CENTRAL SERVICES/STATE FLEET

PART 11 — DIVISION OF CENTRAL SERVICES/STATE FLEET

24-30-1101.  Legislative findings and declarations. (1)  The general assembly hereby finds, determines, and declares that:

            (a)  Services such as printing, document management, mail-related services, microfilm, graphic arts, fleet management, and other similar services are being widely used by the state of Colorado as a practical and economical means of improving administrative production and efficiency;

            (b) and (c)  (Deleted by amendment, L. 2004, p. 305, § 1, effective August 4, 2004.)

            (d)  Meeting the service needs of state departments, institutions, and agencies in efficient and economical ways within the resource capabilities of the state is the prime goal of the department of personnel policy;

            (e)  To most effectively utilize resources committed to existing services and to assure the best services at competitive costs to user agencies while preserving the managerial prerogatives and responsibilities assigned to department and agency heads by statute and otherwise, it is necessary to establish central planning, control, and coordination of service activities.

            Source: L. 77: Entire part added, p. 1177, § 3, effective June 20. L. 2004: (1)(a), (1)(b), and (1)(c) amended, p. 305, § 1, effective August 4. L. 2018: (1)(d) amended, (HB 18-1375), ch. 274, p. 1706, § 38, effective May 29.

24-30-1102.  Definitions. As used in this part 11, unless the context otherwise requires:

            (1)  "Cost" means the direct cost of providing goods or services including, but not limited to, the total cost of labor and all related benefits, maintenance costs, materials, provisions, supplies, equipment rentals, equipment purchases, insurance, financing, supervision, engineering, clerical and accounting services, the value of the use of equipment, including its depreciation or replacement value, and an equitable share of other administrative costs not otherwise directly attributable to a particular good or service which may be reasonably apportioned to each particular service in accordance with generally accepted accounting principles and standards.

            (2)  "Director" or "executive director" means the executive director of the department of personnel.

            (3)  (Deleted by amendment, L. 96, p. 1497, § 8, effective June 1, 1996.)

            (4)  "Services" means printing, document management, mail-related services, microfilm, graphic arts, fleet management, and other similar support functions that are or may be used by the state of Colorado as a practical and economical means of improving administrative production and efficiency.

            (5)  "State agency" means this state or any department, board, bureau, commission, institution, or other agency of the state; except that "state agency" shall not include any state institution of higher education, the Auraria higher education center, or the state board of stock inspection commissioners, created pursuant to section 35-41-101, C.R.S.

            (6) (a)  "State-owned motor vehicle" means all motor vehicles owned by the state or any agency of the state that shall include all two- and four-wheel drive trucks, all passenger vehicles including cars, vans, station wagons and other similar passenger vehicles, and any other vehicle not described herein that may be designated as a state-owned motor vehicle if a state agency requests such designation; except that "state-owned motor vehicle" shall not include any vehicle rated at one ton or more that is:

            (I)  (Deleted by amendment, L. 2010, (SB 10-003), ch. 391, p. 1851, § 29, effective June 9, 2010.)

            (II)  A specialized vehicle used for the purposes of construction or maintenance, and owned, operated, or controlled by the department of transportation.

            (b)  "State-owned motor vehicle" shall not include any vehicle donated to a specific state agency.

            Source: L. 77: Entire part added, p. 1178, § 3, effective June 20. L. 91: Entire section amended, p. 863, § 1, effective April 20. L. 92: (3), (4), (5), and (6) added, p. 999, § 1, effective July 1. L. 96: (2) and (3) amended, p. 1497, § 8, effective June 1. L. 2004: (4) amended, p. 305, § 2, effective August 4. L. 2006: (6) amended, p. 1071, § 1, effective August 7. L. 2007: (6) amended, p. 1260, § 1, effective May 25. L. 2010: (5) amended, (HB 10-1181), ch. 351, p. 1621, § 3, effective June 7; (5) and (6)(a)(I) amended, (SB 10-003), ch. 391, p. 1851, § 29, effective June 9.

            Editor's note: (1)  Section 5 of chapter 235, Session Laws of Colorado 2006, provides that the act amending subsection (6) applies to all motor vehicles owned by the executive branch of the state, including its departments, institutions, and agencies before August 7, 2006, and to all motor vehicles purchased by the state, including its departments, institutions, and agencies on or after August 7, 2006.

            (2)  Amendments to subsection (5) by Senate Bill 10-003 and House Bill 10-1181 were harmonized.

            Cross references: For the legislative declaration in the 2010 act amending subsections (5) and (6)(a)(I), see section 1 of chapter 391, Session Laws of Colorado 2010.

24-30-1103.  Central services.

            (1)  (Deleted by amendment, L. 96, p. 1497, § 9, effective June 1, 1996.)

            (2)  The powers, duties, and functions concerning central services, specified by this part 11, shall be administered as if transferred by a type 2 transfer, as such transfer is defined by the "Administrative Organization Act of 1968", article 1 of this title, to the department of personnel.

            Source: L. 77: Entire part added, p. 1178, § 3, effective June 20. L. 95: Entire section amended, p. 647, § 46, effective July 1. L. 96: Entire section amended, p. 1497, § 9, effective June 1.

            Cross references: For the legislative declaration contained in the 1995 act amending this section, see section 112 of chapter 167, Session Laws of Colorado 1995.

24-30-1104.  Functions of the department - definitions. (1)  Within the counties of Adams, Arapahoe, Boulder, Douglas, Pueblo, El Paso, and Jefferson, the city and county of Broomfield, and the city and county of Denver, and within any other areas in the state of Colorado where central services are offered, the department of personnel shall perform the following functions for the executive branch of the state of Colorado, its departments, institutions, and agencies, under the direction of the executive director:

            (a)  Formulate, in consultation with state departments, institutions, and agencies, recommendations for a strategic plan for approval of the executive director of the department of personnel and the governor no later than January 1 of 2005 and every five years thereafter;

            (b)  Review all existing and future services, service applications, software related to services, planning systems, personnel, equipment, and facilities and establish priorities for those that are necessary and desirable to accomplish the purposes of this part 11;

            (c)  Establish procedures and standards for management of service functions set forth in this part 11 for all state departments, institutions, and agencies;

            (d)  Establish and maintain facilities as needed to carry out the duties set forth in this part 11, including but not limited to those listed;

            (e)  (Deleted by amendment, L. 2004, p. 306, § 3, effective August 4, 2004.)

            (f)  Advise the governor and the general assembly on central services matters;

            (g)  Prepare and submit such reports as are required by this part 11 or which the governor or the general assembly may request;

            (h)  Approve or disapprove the acquisition of services, service equipment, and software related to services by any state department, institution, or agency and approve, modify, or disapprove the staffing pattern for service operations by any state department, institution, or agency in accordance with the approved plan;

            (i)  Continually study and assess service operations and needs of state departments, institutions, and agencies;

            (j)  Provide services, equipment, and facilities as required pursuant to this part 11 for state departments, institutions, and agencies according to their needs;

            (k)  Establish, in consultation with other state departments, institutions, and agencies, techniques and standards for microfilm, digital imaging, and digital conversion and evidentiary certification of photographs, microphotographs, or reproductions;

            (l)  Notify state agencies through written statements, which may include electronic statements, prepared by the department of personnel that state agencies may obtain goods and services directly from the private sector, if the cost and quality of such goods or services offered by the private sector are competitive with those provided by the department of personnel;

            (m)  Offer services to any state institution of higher education that chooses to purchase such services. When an institution of higher education intends to purchase a service provided by the department, the institution shall include the department in any solicitation or vendor qualification process for the service. Whenever practicable, institutions of higher education shall seek partnerships with the department for the purpose of procuring services at a cost savings to the institution and the state.

            (1.5)  The department of personnel shall establish a rule providing for a waiver to a state agency of subsection (1) of this section when the state agency can procure the services described in this part 11 at a net cost savings to the state.

            (2)  In addition to the county-specific functions set forth in subsection (1) of this section, the department of personnel shall take such steps as are necessary to fully implement a central state motor vehicle fleet system by January 1, 1993. The provisions of the motor vehicle fleet system created pursuant to this subsection (2) apply to the executive branch of the state of Colorado, its departments, its institutions, and its agencies; except that the governing board of each institution of higher education, 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 subsection (2) and may obtain a motor vehicle fleet system independent of the state motor vehicle fleet system. Under the direction of the executive director, the department of personnel shall perform the following functions pertaining to the motor vehicle fleet system throughout the state:

            (a)  Establish and operate a central state motor vehicle fleet system and such subsidiary-related facilities as are necessary to provide for the efficient and economical use of state-owned motor vehicles by state officers and employees;

            (b)  Establish and operate central facilities for the maintenance, repair, and storage of state-owned passenger motor vehicles for the use of state agencies; utilize any available state facilities for that purpose; and enter into contracts with such facilities as are necessary to carry out the provisions of this part 11;

            (c) (I)  Adopt uniform rules for motor vehicle acquisition, operation, maintenance, repair, and disposal standards. Uniform rules adopted by the executive director of the department of personnel pertaining to acquisition of motor vehicles by lease or purchase shall provide that low energy consumption shall be a favorable factor in determining the low responsible bidder. The size of any passenger motor vehicle shall not be greater than necessary to accomplish its purpose.

            (II)  By January 1, 2008, the executive director shall adopt a policy to significantly increase the utilization of alternative fuels and that establishes increasing utilization objectives for each following year. To encourage compliance with this policy, the rules promulgated pursuant to this subsection (2)(c) may establish progressively more stringent percentage mileposts and, for fiscal years commencing after July 1, 2004, require the collection of data concerning the annual percentage of state-owned bi-fueled vehicles that were fueled exclusively with an alternative fuel. For the years commencing on January 1, 2008, and January 1, 2009, the executive director shall purchase flexible fuel vehicles or hybrid vehicles, subject to availability, unless the increased cost of such vehicle is more than ten percent over the cost of a comparable dedicated petroleum fuel vehicle. Beginning on January 1, 2010, the executive director shall purchase motor vehicles that operate on compressed natural gas, plug-in hybrid electric vehicles, or vehicles that operate on other alternative fuels, subject to their availability and the availability of adequate fuel and fueling infrastructure, if either the increased base cost of such vehicle or the increased life-cycle cost of such vehicle is not more than ten percent over the cost of a comparable dedicated petroleum fuel vehicle. The executive director shall adopt a policy to allow some vehicles to be exempted from this requirement. Notwithstanding section 24-1-136 (11)(a)(I), the executive director or the director's designee shall submit an annual report to the transportation committees of the senate and the house of representatives, or any successor committees, and the joint budget committee of the general assembly, detailing the items specified in subsection (2)(c)(V) of this section. As used in this subsection (2)(c)(II):

            (A)  "Flexible fuel vehicle" means any dedicated flexible-fuel or dual-fuel vehicle designed to operate on at least one alternative fuel.

            (B)  "Hybrid vehicle" means a motor vehicle with a hybrid propulsion system that uses an alternative fuel by operating on both an alternative fuel, including electricity, and a traditional fuel.

            (III)  For purposes of this paragraph (c):

            (A)  "Alternative fuel" has the meaning established in section 25-7-106.8, C.R.S.

            (B)  "Bi-fueled vehicle" means a motor vehicle, which may be purchased to comply with applicable federal requirements including, but not limited to, the federal "Energy Policy Act of 1992", 42 U.S.C. sec. 13257, and 42 U.S.C. sec. 7587, that can operate on both an alternative fuel and a traditional fuel or that can operate alternately on a traditional fuel and an alternative fuel.

            (C)  "Biodiesel" means fuel composed of mono-alkyl esters of long chain fatty acids derived from plant or animal matter that meet ASTM specifications and that is produced in Colorado.

            (D)  "Life-cycle cost" means the purchase cost of a vehicle minus the resale value at the end of the vehicle's expected useful life, in addition to the fuel, operating, and maintenance costs incurred during the vehicle's expected useful life. Fuel costs per mile traveled shall be calculated based on the reference case projections published by the United States energy information administration for the expected useful life of the vehicle. The expected useful life of a vehicle shall be the standard that is set by the state fleet management program for analysis and life-cycle costing purposes.

            (IV) (A)  By January 1, 2007, the director shall adopt a policy that all state-owned diesel vehicles and equipment shall be fueled with a fuel blend of twenty percent biodiesel and eighty percent petroleum diesel, subject to availability and so long as the price is no greater than ten cents more per gallon than the price of diesel fuel. The director shall provide for the proper administration, implementation, and enforcement of the policy.

            (B)  Repealed.

            (V)  Notwithstanding section 24-1-136 (11)(a)(I), on or before November 1, 2013, and each November 1 thereafter, the executive director or the director's designee shall submit a report to the general assembly as specified in subsection (2)(c)(II) of this section. The report must include, but need not be limited to, the following:

            (A)  The number of vehicles that the executive director or the director's designee purchased since January 1, 2008, for the motor vehicle fleet system that operate on compressed natural gas and other alternative fuels;

            (B)  An estimate of the number of dedicated petroleum fuel vehicles that the executive director or the director's designee purchased for the motor vehicle fleet system since January 1, 2008, instead of a vehicle that operates on compressed natural gas or other alternative fuel because the base cost or life-cycle cost of the compressed natural gas vehicle or other alternative fuel vehicle was more than ten percent over the cost of a comparable dedicated petroleum fuel vehicle;

            (C)  An explanation of the availability of adequate fuel and fueling infrastructure in the state for compressed natural gas vehicles and other alternative fuel vehicles and whether limited availability of fuel or fueling infrastructure contributes to the purchase of dedicated petroleum fuel vehicles for the motor vehicle fleet system instead of vehicles that operate on compressed natural gas and other alternative fuels;

            (D)  A summary of the policy that allows the executive director to exempt some vehicles from the requirement to purchase vehicles that operate on compressed natural gas and the percentage of dedicated petroleum fuel vehicles that the director purchased pursuant to this exemption;

            (E)  A summary of the administrative procedures or policies in place within the department, if any, that are intended to facilitate the purchase of vehicles that operate on compressed natural gas and other alternative fuels;

            (F)  The executive director's suggested changes to the requirements and limitations of subparagraph (II) of this paragraph (c) or other state law that would facilitate the gradual conversion of the motor vehicle fleet system to vehicles that operate on compressed natural gas and other alternative fuels, allow the state to account for the benefit of reduced emissions from vehicles that operate on compressed natural gas and other alternative fuels in its analysis regarding the purchase of such vehicles, and enable the department to provide the best value to the state in the motor vehicle fleet system while purchasing vehicles that operate on compressed natural gas and other alternative fuels; and

            (G)  A plan for putting in place the infrastructure necessary to support vehicles in the state's motor vehicle fleet system that operate on compressed natural gas and other alternative fuels.

            (d) (I)  Require that all state agencies transfer custody of certificates of title to all state-owned motor vehicles that are owned by such agencies to the department of personnel for the purpose of compiling complete data on all motor vehicles owned by the state;

            (II)  Require that all motor vehicles presently owned by state agencies be entered into the state fleet management program. Per-mile costs for the program shall be determined by criteria established by the department of personnel.

            (III)  (Deleted by amendment, L. 96, p. 1498, § 10, effective June 1, 1996.)

            (IV)  Require that any department, institution, or agency of the executive branch of the state that owns, operates, or controls vehicles that are not part of the central state motor vehicle fleet system provide the department of personnel with information requested by the department for the purpose of compiling complete data on all motor vehicles owned by the state.

            (e)  Require that all vehicles purchased after July 1, 1992, shall be owned by the department of personnel and leased and permanently assigned to state agencies. Purchases shall be based on specifications as requested by the state agency in cooperation and consultation with the department of personnel and the motor vehicle advisory council.

            (f)  Maintain, store, repair, dispose of, and replace state-owned motor vehicles under the control of the department of personnel. The department of personnel shall ensure that state-owned motor vehicles are not routinely replaced until they meet the replacement criteria relating to mileage, cost, safety, and other relevant factors established by the department.

            (g)  Establish and maintain a centralized record-keeping system for the acquisition, operation, maintenance, repair, and disposal of all motor vehicles in the fleet;

            (h)  Assign suitable transportation, either on a temporary or permanent basis to any state agency upon: Proper requisition; proper showing of need for use on authorized state business; or approved commuting as provided in section 24-30-1113;

            (i)  Establish and maintain a record-keeping system for the assignment and use of each vehicle in the motor fleet, which shall include:

            (I)  Verification from the executive director of a state agency or the executive director's designee that any employee driving a state vehicle has a valid driver's license;

            (II)  A statement of the authorized state business or other approved purpose for which the vehicle is assigned;

            (III)  Any other information which the director determines is necessary to carry out the purposes and provisions of this part 11;

            (j)  (Deleted by amendment, L. 2004, p. 306, § 3, effective August 4, 2004.)

            (k)  Allocate and charge against each state agency to which transportation is furnished, on the basis of mileage or on the basis of the period of time for which each vehicle is assigned to the agency, its proportionate part of the cost of maintenance and operation of the motor vehicle fleet;

            (l)  Enforce such rules and regulations as may be adopted by the director pursuant to the provisions of this part 11;

            (m)  Delegate or conditionally delegate to the respective heads of agencies to which state-owned motor vehicles are permanently assigned such duties as may be designated by the director for the enforcement of all or part of the rules and regulations adopted by the department of personnel;

            (n)  Require state agencies, officers, and employees to keep all records and make all reports regarding state-owned motor vehicle use as provided in rules and regulations adopted by the department of personnel;

            (o)  (Deleted by amendment, L. 2004, p. 306, § 3, effective August 4, 2004.)

            (p)  Negotiate and enter into contracts for the purchase or lease of such personal property as is deemed necessary to achieve the purposes and provisions of this part 11;

            (q)  Adopt an annual operating budget;

            (r)  Supervise and be responsible for the expenditure of moneys appropriated to carry out the purposes and provisions of this part 11;

            (s)  Exercise any other powers or perform any other duties that are reasonably necessary for the fulfillment of the powers and duties assigned to the department of personnel pursuant to this part 11; and

            (t)  Require that the federal environmental protection agency mile-per-gallon rating for all motor vehicles purchased for the state-owned motor vehicle fleet on or after January 1, 2007, meet or exceed the average fuel efficiency standards as established pursuant to the federal "Energy Policy and Conservation Act", 15 U.S.C. sec. 2001, et seq., recodified as 49 U.S.C. sec. 32901 et seq.

            (3)  Repealed.

            (4)  In addition to any other duties imposed by this section, the department of personnel shall establish and maintain a program for parking permits and building and grounds maintenance for the state capitol buildings group pursuant to part 1 of article 82 of this title.

            Source: L. 77: Entire part added, p. 1178, § 3, effective June 20. L. 91: (1)(a) amended and (1)(l) added, p. 863, § 2, effective April 20. L. 92: (2) added, p. 1000, § 2, effective July 1. L. 93: (2)(i)(I) amended, p. 351, § 1, effective April 12; (3) added, p. 1829, § 1, effective July 1. L. 95: (2)(d)(III)(A) amended, p. 1104, § 38, effective May 31; IP(1), (1)(a), and (2) amended, p. 647, § 47, effective July 1. L. 96: IP(1), (1)(a), (1)(c) to (1)(f), (1)(j), IP(2), (2)(c) to (2)(f), (2)(m), (2)(n), (2)(s), and (3) amended, p. 1498, § 10, effective June 1. L. 2003: (3) amended, p. 984, § 1, effective April 17; (2)(c) amended, p. 1236, § 4, effective September 1. L. 2004: IP(2) amended, p. 602, § 1, effective July 1; (1)(a), (1)(b), (1)(e), (1)(h), (1)(k), (1)(l), (2)(d)(II), (2)(f), (2)(h), (2)(j), and (2)(o) amended and (4) added, p. 306, § 3, effective August 4. L. 2006: IP(2) and (2)(c)(III) amended and (2)(c)(IV) added, p. 152, § 1, effective July 1; (2)(d)(IV) and (2)(t) added, pp. 1071, 1072, §§ 2, 3, effective August 7. L. 2007: (2)(c)(II) amended, p.1758, § 1, effective June 1; (2)(t) amended, p. 2033, § 49, effective June 1. L. 2009: (2)(c)(II)(B) amended, (HB 09-1331), ch. 416, p. 2309, § 10, effective June 4; IP(1) amended, (HB 09-1150), ch. 309, p. 1666, § 3, effective August 5; IP(2)(c)(II) amended, (SB 09-092), ch. 142, p. 604, § 1, effective August 5. L. 2010: (1)(m) and (1.5) added, (HB 10-1181), ch. 351, p. 1621, §§ 4, 5, effective June 7. L. 2013: IP(2)(c)(II) amended and (2)(c)(III)(D) and (2)(c)(V) added, (SB 13-070), ch. 142, p. 459, § 1, effective April 26. L. 2017: IP(2), IP(2)(c)(II), and IP(2)(c)(V) amended, (HB 17-1058), ch. 18, p. 58, § 4, effective March 8. L. 2018: (1)(l) amended, (HB 18-1375), ch. 274, p. 1706, § 39, effective May 29.

            Editor's note: (1)  Amendments to subsection (2) by House Bill 95-1362 and House Bill 95-1212 were harmonized.

            (2)  Subsection (3)(b) provided for the repeal of subsection (3), effective July 1, 2004. (See L. 96, p. 1498.)

            (3)  Section 5 of chapter 235, Session Laws of Colorado 2006, provides that the act enacting subsections (2)(d)(IV) and (2)(t) applies to all motor vehicles owned by the executive branch of the state, including its departments, institutions, and agencies before August 7, 2006, and to all motor vehicles purchased by the state, including its departments, institutions, and agencies on or after August 7, 2006.

            (4)  Subsection (2)(c)(IV)(B) provided for its repeal, effective January 1, 2009. (See L. 2006, p. 152.)

            Cross references: (1)  For the legislative declaration contained in the 1995 act amending the introductory portion to subsection (1) and subsections (1)(a) and (2), see section 112 of chapter 167, Session Laws of Colorado 1995.

            (2)  For the definition of "ASTM", see § 8-20-201 (1.2).

24-30-1105.  Powers of the executive director - penalties. (1)  In order to perform the duties and functions set forth in this part 11, the executive director of the department of personnel shall, in relation to departments, institutions, and agencies of the executive branch:

            (a)  Approve the equipment, software related to services, and facilities with which specific services shall be performed by or for any state department, institution, or agency in accordance with the approved plan;

            (b)  Prescribe standards governing the selection and operation of service equipment by or for any state department, institution, or agency;

            (c)  Adopt such rules and regulations as may be necessary to carry out the purposes and provisions of this part 11;

            (d)  Contract for such services as the department of personnel may require for purposes of this part 11;

            (e)  Require such reports from other departments, institutions, and agencies as may be necessary;

            (f)  Recommend to the governor the transfer of funds, equipment, supplies, and personnel from existing departments, institutions, and agencies to the department of personnel or to such other agency as may be necessary to accomplish the purposes of this part 11, such transfer to be effective upon the approval by the governor;

            (g)  Certify for evidentiary purposes as true copies of the originals, before the originals are destroyed or lost, photographs, microphotographs, or reproductions on film created by the department of personnel. Such certified photographs, microphotographs, or reproductions shall have the same legal force and effect as if certified by the original custodian of the records.

            (h)  In performance of such microfilm services as may be requested by the custodians of the types of documents referred to in this paragraph (h):

            (I)  Have rights of reasonable access in person or through employees to all types of nonconfidential documents in the possession of the state of Colorado, its departments, institutions, or agencies;

            (II)  Have rights of reasonable access in person or through specifically designated employees to all types of confidential documents in the possession of the state of Colorado, its departments, institutions, or agencies;

            (III)  Assist custodians of documents upon which microfilm, digital imaging, and digital conversion services have been performed in the lawful disposition of such documents pursuant to section 24-80-103;

            (i)  Have power to enter into contracts with other governmental entities in the state of Colorado for the purpose of furnishing services;

            (j)  Establish policies jointly with the supreme court of the state of Colorado for the expungement and sealing of official state records with a view to the technical and evidentiary problems attendant to expungement or sealing of photographs, microphotographs, and reproductions.

            (2) (a)  Except in accordance with judicial order or as otherwise provided by law, the executive director or the employees of the department of personnel shall not divulge or make known in any way any information disclosed in any confidential document to which the employees have access in performing the duties specified in this part 11.

            (b)  Officials or employees of the state who violate this subsection (2) are guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than five hundred dollars nor more than five thousand dollars, or by imprisonment in the county jail for not less than six months nor more than two years, or by both such fine and imprisonment. Such persons shall, in addition to these penalties, be subject to removal or dismissal from public service on grounds of malfeasance in office.

            Source: L. 77: Entire part added, p. 1179, § 3, effective June 20. L. 95: IP(1) and (1)(f) amended, p. 648, § 48, effective July 1. L. 96: IP(1), (1)(d), (1)(f), (1)(g), and (2)(a) amended, p. 1500, § 11, effective June 1. L. 2004: (1)(a) and (1)(h)(III) amended, p. 307, § 4, effective August 4.

            Cross references: For the legislative declaration contained in the 1995 act amending the introductory portion to subsection (1) and subsection (1)(f), see section 112 of chapter 167, Session Laws of Colorado 1995.

24-30-1106.  Appeal from decisions of director. If any department, institution, or agency disagrees with any decision, plan, procedure, priority, standard, rule, or regulation or other act of the department of personnel, the head thereof shall notify the executive director of the basis for such disagreement, and the executive director may, at his or her discretion, uphold, modify, or reverse such decision, plan, procedure, priority, standard, rule, or regulation or other act; but no further action shall be taken by the department of personnel to implement any decision, plan, procedure, priority, standard, rule, or regulation or other act after such notice until the executive director has rendered his or her decision in the matter.

            Source: L. 77: Entire part added, p. 1180, § 3, effective June 20. L. 95: Entire section amended, p. 648, § 49, effective July 1. L. 97: Entire section amended, p. 1015, § 25, effective August 6.

            Cross references: For the legislative declaration contained in the 1995 act amending this section, see section 112 of chapter 167, Session Laws of Colorado 1995.

24-30-1107.  Existing and new equipment, personnel, applications, and systems subject to approval of director. On and after June 20, 1977, no services, service equipment, or software related to services shall be purchased, leased, or otherwise acquired by any department, institution, or agency, nor shall any new service personnel be added to the state personnel system, nor shall any new applications, systems, or programs begin except upon the written approval of the executive director, nor shall any service equipment leased or operated by any department, institution, or agency on June 20, 1977, continue to be so leased or operated after July 1, 1977, unless certified by the executive director to be in accordance with the approved plan.

            Source: L. 77: Entire part added, p. 1181, § 3, effective June 20. L. 97: Entire section amended, p. 1015, § 26, effective August 6. L. 2004: Entire section amended, p. 307, § 5, effective August 4.

24-30-1108.  Revolving fund - service charges - pricing policy. (1)  There is hereby created a department of personnel revolving fund for use in acquiring such materials, supplies, labor, and overhead as are required. Moneys collected and deposited in the fund shall be from state and local government user fees and from rebates, including, but not limited to, rebates from car rentals, travel agencies, lodging, and travel cards. The fund shall be under the direction of the executive director.

            (2)  Users of department services shall be charged the full cost of the particular service, which shall include the cost of all material, labor, and overhead.

            (3)  The executive director shall have a pricing policy of remaining competitive with or at a lower rate than private industry in the operation of any service function which the executive director establishes.

            (4)  The executive director shall keep a full, true, and accurate record of the costs of providing each particular service.

            (5)  Repealed.

            (6) (a) (I)  Repealed.

            (II)  Any uncommitted capital outlay reserves at the end of a given fiscal year may be used for capital outlay subject to an appropriation in the annual general appropriation act.

            (b)  For purposes of this subsection (6), unless the context otherwise requires:

            (I)  "Capital outlay" has the same meaning as set forth in section 24-75-112 (1)(a).

            (II)  "Capital outlay reserve" means any accumulated depreciation identified in fund balance reports prepared by the department of personnel.

            Source: L. 77: Entire part added, p. 1181, § 3, effective June 20. L. 91: (4) added, p. 864, § 3, effective April 20. L. 96: (1) amended, p. 1544, § 141, effective June 1. L. 97: Entire section amended, p. 1016, § 27, effective August 6. L. 2009: (5) added, (SB 09-208), ch. 149, p. 622, § 17, effective April 20. L. 2010: (1) amended, (HB 10-1181), ch. 351, p. 1621, § 6, effective June 7. L. 2014: (5) repealed and (6) added, (SB 14-108), ch. 50, p. 230, § 1, effective March 20. L. 2015: (6)(a)(I) repealed, (HB 15-1280), ch. 176, p. 573, § 3, effective May 11.

            Editor's note: Section 5 of chapter 176 (HB 15-1280), Session Laws of Colorado 2015, provides that changes to this section by the act apply to fiscal years that begin on or after July 1, 2014.

24-30-1109.  Reports. (Repealed)

            Source: L. 77: Entire part added, p. 1181, § 3, effective June 20. L. 91: (1)(g) added, p. 864, § 4, effective April 20. L. 95: (2) amended, p. 648, § 50, effective July 1. L. 96: Entire section repealed, p. 1271, § 201, effective August 7.

            Cross references: For the legislative declaration contained in the 1996 act repealing this section, see section 1 of chapter 237, Session Laws of Colorado 1996.

24-30-1110.  Division subject to termination. (Repealed)

            Source: L. 77: Entire part added, p. 1182, § 3, effective June 20. L. 81: Entire section amended, p. 1178, § 8, effective July 1. L. 83: Entire section repealed, p. 891, § 1, effective March 22.

24-30-1111.  Postage meters - penalty for private use. (1)  Each state department, agency, division, board, commission, committee, and educational institution which has installed a postage meter shall place an imprint plate on such meter and a notice attached to the meter showing that the metered mail is official state of Colorado mail and that there is a penalty for the unlawful use of such postage meter for private purposes.

            (2)  Any person who uses a state-installed postage meter for private purposes commits a class 3 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.

            Source: L. 83: Entire section added, p. 892, § 1, effective June 20. L. 2002: (2) amended, p. 1532, § 245, effective October 1.

            Cross references: For the legislative declaration contained in the 2002 act amending subsection (2), see section 1 of chapter 318, Session Laws of Colorado 2002. 

24-30-1112.  Permanent assignment of vehicles - state agency - verification of minimum mileage - revocation. (1)  A state-owned motor vehicle that is part of the state motor vehicle fleet established pursuant to section 24-30-1104 (2) may be assigned by the department of personnel to a state agency pursuant to this section. In addition, any state-owned motor vehicle that is assigned to a state agency may be further assigned by the executive director of the state agency or by the executive director's designee to an officer or employee of the state agency pursuant to section 24-30-1113.

            (2)  Unless a state agency can justify to the department of personnel the need for permanent assignment of a vehicle because of its unique use, the department of personnel may permanently assign a state-owned motor vehicle to a state agency only if the use of the vehicle by the state agency is likely to meet the minimum required mileage established by the department of personnel for the utilization classification associated with the vehicle's intended work function and the use of such vehicle by the state agency complies with any additional criteria established by the department of personnel in rules. A vehicle that is assigned to a state agency must be parked at a state facility, as defined by rule, when the vehicle is not in use unless the vehicle has been assigned to an officer or employee of the state agency pursuant to section 24-30-1113.

            (3)  The department of personnel shall establish a program and adopt rules providing for annual verification that each state-owned motor vehicle permanently assigned to a state agency has met the minimum required mileage based on the appropriate utilization classification. If verification establishes that a vehicle has not met the minimum annual mileage rate and other criteria established in rules and if the responsible state agency cannot justify such lower mileage or failure to meet other criteria, the department of personnel shall revoke the permanent assignment of the vehicle immediately.

            (4)  The department of personnel shall adopt rules governing the procedure for revocation of assignment of state-owned motor vehicles that have been permanently assigned to a state agency. Revocation of assignment shall occur when the department of personnel determines that:

            (a)  The vehicle has been used for other than official business or has been used for commuting without being assigned to an officer or employee of the state agency pursuant to section 24-30-1113;

            (b) (I)  The state agency has not submitted reports or other documentation to the department of personnel that it is required to submit pursuant to rules adopted by the department; or

            (II)  Any reports or other documentation that the state agency has submitted fail to meet the standards established in rules adopted by the department of personnel for the submission of such reports and documentation and the state agency has not cured the deficiencies within thirty days after receiving notification from the department of personnel of such deficiency;

            (c)  The state agency has knowingly and willfully supplied false information to the department of personnel regarding the permanent assignment of the motor vehicle to the state agency;

            (d)   A state-owned motor vehicle has been abused; or

            (e)   A violation of other rules promulgated by the department of personnel has occurred, which warrants revocation of assignment to the state agency as specified in the rules adopted by the department of personnel.

            (5)  The department of personnel shall not honor new requisitions for assignment of vehicle following the revocation of assignment until the department of personnel is assured that the violation for which a vehicle was previously revoked will not recur.

            Source: L. 92: Entire section added, p. 1003, § 3, effective July 1. L. 2004: IP(1)(a), (2), and (3)(a) amended, p. 308, § 6, effective August 4. L. 2017: Entire section amended, (HB 17-1296), ch. 293, p. 1613, § 1, effective September 1. L. 2018: Entire section amended, (HB 18-1375), ch. 274, p. 1706, § 40, effective May 29.

24-30-1113.  Assignment of vehicles to state agency officers or employees - report to legislative audit committee - definition - repeal. (1)  Notwithstanding section 24-30-1102 (5), as used in this section, unless the context otherwise requires, "state agency" means the state or any department, board, bureau, commission, institution, or other agency of the state; except that "state agency" does not include any state institution of higher education, the Auraria higher education center, or the legislative and judicial branches of state government. As used in this section, "state agency" does include the state board of stock inspection commissioners, created in section 35-41-101.

            (2) (a)  The executive director of a state agency or the executive director's designee may assign a state-owned motor vehicle that has been assigned to the state agency pursuant to section 24-30-1112 to an officer or employee of the state agency for conducting state business and commuting. Commuting includes traveling from an officer's or employee's personal residence to one or more regular places of business. A state-owned motor vehicle may be parked at the personal residence of an officer or employee of a state agency for more than one day per month only if the state agency has assigned the vehicle to the officer or employee pursuant to this section. The assignment of a state-owned motor vehicle pursuant to this section must comply with the requirements of section 24-30-1112.

            (b)  The executive director of a state agency or the executive director's designee must authorize the assignment of a vehicle in writing and submit the authorization and any supporting documentation to the executive director of the department of personnel for final approval. The executive director of a state agency or the executive director's designee shall authorize the assignment of a vehicle only if:

            (I)  Assignment of the vehicle is necessary to conduct official and legitimate state business;

            (II)  Assignment of the vehicle satisfies at least one of the following requirements:

            (A)  The vehicle meets the federal internal revenue service definition of qualified nonpersonal use, as specified in 26 CFR 1.274-5 (k); or

            (B)  The assignment of the vehicle is the most cost-efficient means of transportation, as defined in rules adopted by the department of personnel, to the state agency; and

            (III)  Assignment of the vehicle complies with any additional criteria established in rules adopted by the department of personnel.

            (c)  An executive director of a state agency or the executive director's designee who authorizes the assignment of a state-owned motor vehicle to an officer or employee of the state agency shall maintain documentation of the assignment, including the executive director's justification for authorizing the assignment of the vehicle. At least annually, the executive director of a state agency or the executive director's designee shall review each assignment of a vehicle to ensure that the assignment complies with the requirements of this section.

            (3)  The executive director of the department of personnel or the state controller, or the designee of either official, as applicable, shall review any assignment of a state-owned motor vehicle to an officer or employee of a state agency. The executive director of the department of personnel or the state controller, or the designee of either official, as applicable, shall verify that the assignment of the vehicle complies with the requirements specified in subsection (2) of this section and the regulations of the federal internal revenue service. If the review establishes that the assignment of a vehicle does not comply with such requirements, the executive director of the department of personnel shall revoke the assignment of the vehicle.

            (4)  In addition to the initial approval required by subsection (3) of this section, the department of personnel shall establish a program and adopt rules providing for annual review and verification by the executive director of the department of personnel or the state controller, or the designee of either official, as applicable, that each state-owned motor vehicle assigned to an officer or employee of a state agency still complies with the requirements of subsection (2) of this section and the regulations of the federal internal revenue service. The requirements of this subsection (4) apply to all state-owned motor vehicles, whether they were assigned before, on, or after September 1, 2017. If the verification process establishes that the assignment of a vehicle no longer complies with subsection (2) of this section or the regulations of the federal internal revenue service, the department of personnel shall revoke the assignment of the vehicle.

            (5)  Any officer or employee of a state agency who is assigned a state-owned motor vehicle because it is the most cost-efficient means of transportation as specified in subsection (2)(b)(II)(B) of this section is required to pay income tax on the value of the fringe benefit of the vehicle. The state controller, or the state controller's designee, shall calculate and report as income the value of the fringe benefit of the vehicle in accordance with the regulations of the federal internal revenue service. The state controller shall promulgate rules regarding how the value of the fringe benefit will be calculated and reported.

            (6)  The executive director of the department of personnel, or the executive director's designee, and the state controller, or state controller's designee, shall promulgate rules as required in this section and may promulgate additional rules deemed necessary for the implementation of this section. Such rules shall be promulgated in accordance with article 4 of this title 24.

            (7) (a)  On or before September 1, 2019, the department of personnel shall report to the legislative audit committee regarding the implementation and enforcement of this section. The department may make recommendations regarding further modifications to the criteria and requirements for the assignment of a state-owned motor vehicle to an officer or employee of a state agency.

            (b)  This subsection (7) is repealed, effective July 1, 2020.

            Source: L. 92: Entire section added, p. 1004, § 3, effective July 1. L. 2004: (1) and (4) amended, p. 308, § 7, effective August 4. L. 2017: Entire section R&RE, (HB 17-1296), ch. 293, p. 1615, § 2, effective September 1. L. 2018: IP(2)(b), (3), (4), and (6) amended, (HB 18-1375), ch. 274, p. 1708, § 41, effective May 29.

24-30-1114.  Restrictions on assignment of vehicles. (1)  Requisitions for assignment or reassignment of state-owned motor vehicles shall not be honored when the purpose of the assignment or reassignment is to provide a newer or lower mileage vehicle to a state officer or employee on the basis of rank, position, management authority, length of service, or other nonessential purpose.

            (2)  Special use vehicles, including but not limited to four-wheel drive and law enforcement vehicles, shall be assigned only to those agencies and individuals authorized or otherwise designated by the department of personnel to operate such vehicles.

            Source: L. 92: Entire section added, p. 1005, § 3, effective July 1. L. 2018: (2) amended, (HB 18-1375), ch. 274, p. 1709, § 42, effective May 29.

24-30-1115.  Motor fleet management fund - creation. (1)  There is hereby created a fund to be known as the motor fleet management fund, which shall be administered by the department of personnel and which shall consist of all moneys which may be transferred thereto in accordance with section 24-30-1104 (2)(k).

            (2)  The moneys in the fund shall be subject to annual appropriation by the general assembly for the purposes of this part 11. Any moneys not appropriated shall remain in the fund and shall not be transferred to or revert to the general fund of the state at the end of any fiscal year. Subject to severe budget constraints and annual appropriation, a portion of the state motor fleet shall be replaced each year. The number of motor vehicles to be replaced annually shall be based on a methodology provided by the department of personnel and approved by the general assembly.

            (3)  Notwithstanding any provision of this section to the contrary, on April 20, 2009, the state treasurer shall deduct one million dollars from the motor fleet management fund and transfer such sum to the general fund.

            (4)  Notwithstanding any provision of this section to the contrary, on April 15, 2010, the state treasurer shall deduct three hundred ninety-seven thousand one hundred forty-three dollars from the motor fleet management fund and transfer such sum to the general fund.

            Source: L. 92: Entire section added, p. 1005, § 3, effective July 1. L. 96: Entire section amended, p. 1500, § 12, effective June 1. L. 2004: (2) amended, p. 309, § 8, effective August 4. L. 2009: (3) added, (SB 09-208), ch. 149, p. 623, § 18, effective April 20. L. 2010: (4) added, (HB 10-1327), ch. 135, p. 449, § 2, effective April 15. L. 2017: (1) amended, (HB 17-1296), ch. 293, p. 1617, § 3, effective September 1.

24-30-1116.  Vanpooling - state-owned vehicles - revolving account. (Repealed)

            Source: L. 92: Entire section added, p. 1005, § 3, effective July 1. L. 95: (6)(d) and (6)(e) amended, p. 648, § 51, effective July 1. L. 2004: Entire section repealed, p. 309, § 9, effective August 4.

24-30-1117.  Exclusive authority to acquire state-owned motor vehicles. The department of personnel shall have the exclusive authority to purchase, lease, and otherwise acquire motor vehicles for such use by state officers and employees as may be necessitated in the course and conduct of official state business. Except for any vehicles donated to specific state agencies, no motor vehicle shall be purchased, leased, or otherwise acquired by any state agency unless such vehicle is obtained through the department of personnel or under an express waiver granted by the department.

            Source: L. 92: Entire section added, p. 1007, § 3, effective July 1. L. 96: Entire section amended, p. 1501, § 13, effective June 1. L. 2004: Entire section amended, p. 310, § 10, effective August 4.

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TITLE 24 — PART 13 — STATE BUILDINGS

TITLE 24 — PART 13 — STATE BUILDINGS

24-30-1301.  Definitions. As used in this part 13, unless the context otherwise requires:

            (1) (a)  "Capital asset" means:

            (I)  Real property;

            (II)  Fixed equipment;

            (III)  Movable equipment; or

            (IV)  Instructional or scientific equipment with a cost that exceeds fifty thousand dollars; except that "capital asset" does not include instructional or scientific equipment purchased by a state institution of higher education if the institution uses moneys other than those appropriated pursuant to section 24-75-303. Instructional or scientific equipment does not include information technology.

            (b)  "Capital asset" does not mean information technology. All information technology budget requests must be presented as set forth in section 2-3-1704 (11), C.R.S.

            (2)  "Capital construction" means:

            (a)  Acquisition of a capital asset or disposition of real property;

            (b)  Construction, demolition, remodeling, or renovation of real property necessitated by changes in the program, to meet standards required by applicable codes, to correct other conditions hazardous to the health and safety of persons which are not covered by codes, to effect conservation of energy resources, to effect cost savings for staffing, operations, or maintenance of the facility, or to improve appearance;

            (c)  Site improvement or development of real property;

            (d)  Installation of the fixed or movable equipment necessary for the operation of new, remodeled, or renovated real property, if the fixed or movable equipment is initially housed in or on the real property upon completion of the new construction, remodeling, or renovation;

            (e)  Installation of the fixed or movable equipment necessary for the conduct of programs in or on real property upon completion of the new construction, remodeling, or renovation;

            (f)  Contracting for the services of architects, engineers, and other consultants to prepare plans, program documents, life-cycle cost studies, energy analyses, and other studies associated with capital construction and to supervise the construction or execution of such capital construction; or

            (g)  (Deleted by amendment, L. 2014.)

            (3)  "Capital renewal" means a controlled maintenance project of real property or more than one integrated controlled maintenance projects of real property with costs exceeding two million dollars in a fiscal year and that is more cost effective or better addressed by corrective repairs or replacement to the real property rather than by limited fixed equipment repair, replacement, or smaller individual controlled maintenance projects.

            (4)  "Controlled maintenance" means:

            (a)  Corrective repairs or replacement, including improvements for health, life safety, and code requirements, used for existing real property; and

            (b)  Corrective repairs or replacement, including improvements for health, life safety, and code requirements, of the fixed equipment necessary for the operation of real property, when such work is not funded in a state agency's or state institution of higher education's operating budget.

            (c)  "Controlled maintenance" may include contracting for the services of architects, engineers, and other consultants to investigate conditions and prepare recommendations for the correction thereof, to prepare plans and specifications, and to supervise the execution of such controlled maintenance projects as provided through an appropriation by the general assembly.

            (5)  "Department" means the department of personnel.

            (6)  "Economic life" means the projected or anticipated useful life of real property.

            (7)  "Executive director" means the executive director of the department of personnel.

            (8)  "Facility" means a state-owned building or utility. "Facility" does not include highways or publicly assisted housing projects as defined in section 24-32-718.

            (9)  "Fixed equipment" includes, but is not limited to, mechanical, electrical, or plumbing components built into real property that are necessary for the operation of the real property.

            (10)  (Deleted by amendment, L. 2014.)

            (11)  "Initial cost" means the required cost necessary to construct or renovate a facility.

            (12)  "Life-cycle cost" means the cost alternatives, over the economic life of a facility, including its initial cost, replacement costs, and the cost of operation and maintenance of the facility, such as energy and water.

            (13)  "Movable equipment" means:

            (a)  All equipment that is not defined as fixed equipment that is necessary for the conduct of a program in or on real property;

            (b)  The rolling stock and fixed stock necessary for running a state-owned railway; and

            (c)  Aircraft as defined in section 43-10-102 (1), C.R.S., that is used for state purposes.

            (13.5)  "Office of the state architect" or "office" means the office of the state architect created in section 24-30-1302.5.

            (14)  "Principal representative" means the governing board of a state agency or state institution of higher education, or the governing board's designee, or, if there is no governing board, the executive head of a state agency or state institution of higher education, as designated by the governor or the general assembly, or such executive head's designee.

            (15) (a)  "Real property" means a facility, state-owned grounds around a facility, a campus of more than one facility and the grounds around such facilities, state-owned fixtures and improvements on land, and every state-owned estate, interest, privilege, tenement, easement, right-of-way, and other right in land, legal or equitable, but not including leasehold interests.

            (b)  "Real property" does not include:

            (I)  Land or any interest therein acquired by the department of transportation and used, or intended to be used, for right-of-way purposes;

            (II)  Land or any interest therein held by the division of parks and wildlife and the parks and wildlife commission in the department of natural resources; and

            (III)  Public lands of the state or any interest therein that are subject to the jurisdiction of the state board of land commissioners.

            (16)  "State" means the government of this state, every state agency, and every state institution of higher education. "State" does not include a county, municipality, city and county, school district, special district, or any other kind of local government organized pursuant to law.

            (17)  "State agency" means any department, commission, council, board, bureau, committee, office, agency, or other governmental unit of the state.

            (18)  "State institution of higher education" means a state institution of higher education as defined in section 23-18-102 (10), C.R.S., and the Auraria higher education center created in article 70 of title 23, C.R.S.

            Source: L. 79: Entire part added, p. 879, § 1, effective July 1. L. 80: (1)(b) and (1)(c) amended and (2) R&RE, p. 593, §§ 1, 2, effective July 1. L. 95: (3) and (6) amended, p. 649, § 54, effective July 1. L. 2007: (7.5) and (15) added and (13) amended, p. 484, § 1, effective September 1. L. 2008: (13)(b)(II) and (13)(b)(III) amended, p. 1307, § 1, effective August 5. L. 2011: (1)(f) amended, (HB 11-1301), ch. 297, p. 1431, § 30, effective August 10. L. 2012: (7) amended, (SB 12-040), ch. 118, p. 403, § 3, effective April 16. L. 2014: Entire section amended, (HB 14-1387), ch. 378, p. 1800, § 3, effective June 6; (1), (2)(g), and (10) amended, (HB 14-1395), ch. 309, p. 1308, § 6, effective June 6. L. 2015: (13.5) added, (SB 15-270), ch. 296, p. 1206, § 1, effective June 5.

            Cross references: (1)  For the legislative declaration contained in the 1995 act amending subsections (3) and (6), see section 112 of chapter 167, Session Laws of Colorado 1995.

            (2)  For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.

24-30-1302.  State buildings - transfer. (1)  The powers, duties, and functions of the office of state planning and budgeting relating to state buildings are transferred by a type 2 transfer to the department of personnel.

            (2)  Effective July 1, 1979, the officers and employees of the office of state planning and budgeting engaged prior to such date in the performance of the powers, duties, and functions vested by this part 13 in the department shall become employees of the department and shall retain all rights to state personnel system and retirement benefits under the laws of this state, and their services shall be deemed to have been continuous. Effective July 1, 1979, all of the books, records, reports, equipment, property, accounts, liabilities, and funds of the office of state planning and budgeting which pertain to the powers, duties, and functions vested by this part 13 in the department shall be transferred thereto.

            (3)  Whenever the powers, duties, or functions vested by this part 13 are referred to in any other statute or in any contract or other document and designate the former division of public works, or its predecessor, or the office of state planning and budgeting, such designation shall be deemed to apply solely to the department of personnel.

            Source: L. 79: Entire part added, p. 881, § 1, effective July 1. L. 95: (1) and (3) amended, p. 649, § 55, effective July 1.

            Cross references: For the legislative declaration contained in the 1995 act amending subsections (1) and (3), see section 112 of chapter 167, Session Laws of Colorado 1995.

24-30-1302.5.  Office of the state architect. (1)  There is created within the department an office of the state architect, the head of which is the state architect. The state architect is designated by the executive director of the department, subject to the provisions of section 13 of article XII of the state constitution, and the state architect must be qualified by training in architecture and planning. The state architect shall appoint the necessary staff of the office of the state architect in accordance with the provisions of section 13 of article XII of the state constitution.

            (2)  The state architect shall exercise all powers necessary and proper for the discharge of his or her duties as specified in this part 13 and part 14 of this article.

            Source: L. 2015: Entire section added, (SB 15-270), ch. 296, p. 1206, § 2, effective June 5.

24-30-1303.  Office of the state architect - responsibilities. (1)  The office of the state architect shall:

            (a)  With the approval of the governor, negotiate and execute leases on behalf of the state for real property needed for state use and, as provided in section 24-82-102 (2), negotiate and execute leases of real property not presently needed for state use;

            (b)  With the approval of the governor, negotiate and approve easements and rights-of-way across nonstate land on behalf of the state and, as provided in section 24-82-202, negotiate and approve easements and rights-of-way across land owned by or under the control of the state;

            (c)  Repealed.

            (d)  Supervise and be responsible for the expenditure of funds appropriated by the general assembly for capital construction, capital renewal, and controlled maintenance projects for state agencies and state institutions of higher education;

            (e)  Maintain a current record of balances by project in the capital construction and controlled maintenance funds;

            (f)  Cause to be developed and enforced methods of internal control, on standardized basis within individual state agencies, that will assure compliance with appropriations provisions and executive orders;

            (g)  Repealed.

            (h)  Develop, or cause to be developed, with the approval of the governor, specific standards relating to office space, to architectural, structural, mechanical, and electrical systems in such office space, and to energy conservation in such office space, except in higher education as provided in section 23-1-106, C.R.S., which shall be the basis for approving facilities master plans, facility program plans, schematic designs, design development phases, and construction documents relating to the lease, acquisition, or construction of office space; except that such standards shall be approved by the president of the senate and the speaker of the house of representatives when they concern space, systems, or energy conservation in that portion of the capitol buildings group which is under the jurisdiction of the general assembly;

            (i)  Develop a construction procedures manual for real property, with the approval of the governor;

            (j)  Develop, or cause to be developed, standards of inspection, with the approval of the governor, which shall be the basis of all inspections and be responsible for assuring the uniform inspection of construction projects by the state agencies, utilizing such resources as may be locally available, in conjunction with the architect, engineer, or consultant;

            (k)  Coordinate initiation of budget requests for those capital construction or capital renewal projects for which the executive director shall be designated as principal representative by the governor;

            (k.5)  Coordinate initiation of budget requests for controlled maintenance projects and make recommendations concerning such requests to the capital development committee and to the office of state planning and budgeting. In the event that a controlled maintenance request exceeds approximately five hundred thousand dollars, the executive director may require the department making the request to prepare a feasibility study or program plan for the request. The executive director may establish guidelines or criteria for such feasibility study or program plan.

            (l) and (m)  Repealed.

            (n) (I)  (Deleted by amendment, L. 94, p. 567, § 20, effective April 6, 1994.)

            (II)  Develop, or cause to be developed, methods of control on a standardized basis for all state agencies and state institutions of higher education to ensure conformity of physical planning with approved building codes and of construction with approved physical planning.

            (o)  (Deleted by amendment, L. 94, p. 567, § 20, effective April 6, 1994.)

            (p)  Develop and maintain, or cause to be developed and maintained, at state agencies and state institutions of higher education approved lists of qualified architects, industrial hygienists, engineers, landscape architects, land surveyors, and consultants from which the principal representative shall make a selection, including therein such information as may be required by part 14 of this article;

            (q)  Develop and maintain, or cause to be developed and maintained, at state agencies and state institutions of higher education approved lists of qualified contractors to bid on construction projects and promulgate rules and regulations as may be necessary for contractor prequalification processes for bidding on construction projects;

            (r)  Promulgate rules for independent third-party review of facility program plans, schematic design, design development, and construction documents to assure compliance with appropriate building codes, approved construction standards, and the appropriation and to assure the review of cost estimates prior to authorization of the calling of bids for compliance with the appropriation. In the event the executive director or his designee, after such review, finds that facility program plans, schematic design, design development, or construction documents do not comply with approved construction standards and the appropriation or that cost estimates do not comply with the appropriation, he shall immediately notify the principal representative in writing of his findings and make appropriate recommendations. Upon receipt of such notice, the principal representative shall take action as necessary to implement the recommendations and bring the project into compliance, continuing or modifying plans, designs, construction documents, or cost estimates as the case may be.

            (s) (I)  Promulgate rules and regulations for the administration of the bid procedure and acceptable methods for determining the lowest responsible bidder;

            (II)  In cooperation with the project architect, engineer, or consultant, be responsible for the administration of the bid procedure for state agencies and state institutions of higher education without staff capability and perform such additional functions as the office may determine;

            (III)  When directly responsible for the bid procedure, recommend the lowest responsible bid to the principal representative, after consultation with the project architect, engineer, or consultant;

            (IV)  Promulgate, with the assistance of the attorney general and the state controller, standardized contract language for agreements between architects, engineers, or consultants and state agencies or state institutions of higher education and language for construction contracts between contractors or construction managers and state agencies or state institutions of higher education;

            (V)  Review and approve modifications to such standard contract language;

            (s.5)  Work with the office of state planning and budgeting, the Colorado commission on higher education, the department of higher education, and a representative from a state institution of higher education to develop and establish criteria for recommending capital construction projects;

            (t) (I)  Make recommendations on capital construction and capital renewal project requests made by each state agency after the requests have been reviewed by the office as specified in section 24-30-1311, and submit recommendations for the same to the office of state planning and budgeting in a timely manner so that the office of state planning and budgeting can meet the deadlines set forth in section 24-37-304 (1)(c.3). The state architect may not recommend capital construction project requests if such projects are not included in the state agency's facility program plan that is approved as required in section 24-30-1311, unless the state architect determines that there exists a sound reason why the requested project is not included in the facility program plan.

            (II)  Be responsible for the preparation of the state's controlled maintenance budget request and submit recommendations for the same to the office of state planning and budgeting and the capital development committee;

            (u) and (v)  Repealed.

            (w)  Develop and maintain, or cause to be developed and maintained, life-cycle cost analysis methods for real property and, prior to beginning construction, assure that such methods are reviewed by an independent third party to ensure compliance with sections 24-30-1304 and 24-30-1305. The office shall review and approve specific exceptions to systems selected for construction, which systems are not found to be the best choice on a life-cycle basis.

            (x) and (y)  Repealed.

            (z)  Establish minimum building codes, with the approval of the governor and the general assembly after the recommendations and review of the capital development committee, for all construction by state agencies and state institutions of higher education on real property or state lease-purchased buildings. At the discretion of the office, said codes may apply to state-leased buildings where local building codes may not exist.

            (aa)  Repealed.

            (bb)  Develop and maintain a list of the information required to be included in facility management plans and updates submitted pursuant to section 24-30-1303.5 (3.5);

            (cc)  Develop procedures for the submission of facility management plans and updates pursuant to section 24-30-1303.5 (3.5); and

            (dd)  Review facility management plans and updates submitted pursuant to section 24-30-1303.5 (3.5) and submit a report regarding such plans and updates to the office of state planning and budgeting and the capital development committee.

            (ee)  (Deleted by amendment, L. 2009, (SB 09-292), ch. 369, p. 1967, § 75, effective August 5, 2009.)

            (2)  The provisions of subsection (1) of this section shall not apply to lands under the jurisdiction of the state board of land commissioners or to leases of land held by the division of parks and wildlife.

            (3) (a)  All real property, except public roads and highways, projects under the supervision of the division of parks and wildlife, and real property under the supervision of the judicial department, erected for state purposes shall be constructed in conformity with a construction procedures manual for real property prepared by the office and approved by the governor. Such construction shall be made only upon plans, designs, and construction documents that comply with approved state standards and rules promulgated pursuant to this section.

            (b)  Projects under the supervision of the division of parks and wildlife that are excluded from paragraph (a) of this subsection (3), shall:

            (I)  Maintain a current record of balances by capital project, including but not limited to:

            (A)  Planned budgets, actual expenditures, and additions or deletions to and components of projects; and

            (B)  Items categorized for professional services, construction or improvement, contingencies, and moveable equipment.

            (II)  Notwithstanding section 24-1-136 (11)(a)(I), report the current record of balances by capital project on or before September 15, 2001, not less than one time annually on or before each September 15 thereafter to the office of state planning and budgeting, the joint budget committee, and the capital development committee.

            (c) (I)  All real property under the supervision of the judicial department erected for state purposes shall be constructed in conformity with a construction procedures manual for real property based on acceptable industry standards. Such construction shall be made only upon plans, designs, and construction documents that comply with approved state standards.

            (II)  The judicial department is authorized to hire private construction managers to supervise their capital construction, controlled maintenance, or capital renewal projects. The cost of such construction managers shall be paid for from moneys appropriated for the specific capital construction, controlled maintenance, or capital renewal project.

            (III)  The judicial department is authorized to perform the responsibilities and functions described in paragraph (a) of subsection (1) of this section for any real property under the supervision of the judicial department.

            (4)  When the principal representative is a legislative agency, the principal representative may request, and the office shall provide to the principal representative within five working days of such request, a progress report of the office's actions undertaken as of the date of the request towards completion of any of the office's duties set forth in subsection (1) of this section.

            (5) (a)  The office may delegate to state agencies or state institutions of higher education any or all of the responsibilities and functions outlined in this part 13 and the office's responsibilities and functions under part 14 of this article, pursuant to rules and regulations promulgated by the department, when the state agency or state institution of higher education has the professional or technical capability on staff to perform such functions competently.

            (b)  The office may authorize state agencies or state institutions of higher education to hire private construction managers to supervise the capital construction, controlled maintenance, or capital renewal projects. The cost of such construction manager shall be paid from moneys appropriated for the specific capital construction, controlled maintenance, or capital renewal projects. This paragraph (b) does not apply to projects under the supervision of the department of transportation.

            (c)  If the state architect determines that the governing board of a state institution of higher education has adopted procedures that adequately meet the safeguards set forth in the requirements of part 14 of this article and article 92 of this title, the state architect may exempt the institution from any of the procedural requirements of part 14 of this article and article 92 of this title in regard to a capital construction project to be constructed pursuant to the provisions of section 23-1-106 (9), C.R.S.; except that the selection of any contractor to perform professional services as defined in section 24-30-1402 (6) must be made in accordance with the criteria set forth in section 24-30-1403 (2).

            (d)  Upon application by any state agency or state institution of higher education that demonstrates internal expertise related to the leasing and acquisition of commercial real property, the office may delegate an individual employed by the state agency or state institution of higher education to act on behalf of the office in the performance of the responsibilities and functions described in paragraph (a) of subsection (1) of this section. The delegation authorized pursuant to this paragraph (d) may include, with the consent of the office, the authority to waive the use of the office-approved real estate lease form or real estate lease amendment form.

            (6)  Nothing in this article is intended to diminish the authority granted to the judicial department or the state court administrator in Senate Bill 08-206.

            Source: L. 79: Entire part added, pp. 881, 894, §§ 1, 2, effective July 1. L. 83: (4) amended, p. 893 § 1, effective March 22; (1)(c) repealed, p. 896, § 3, effective June 1. L. 89: (5) added, p. 1026, § 1, effective April 27; (1)(k.5) added, p. 1028, § 1, effective June 1. L. 90: (1)(f), (1)(j), (1)(l), (1)(n) to (1)(r), (1)(w), (3), and (5) amended, (1)(g), (1)(m), (1)(u), (1)(x), and (1)(y) repealed, (1)(s) and (1)(t) R&RE, and (1)(z) added, pp. 1185, 1191, 1187, 1188, §§ 1, 8, 2, 3, effective April 18. L. 91: (5)(b) amended, p. 1058, § 16, effective July 1. L. 93: (1)(v) amended and (1)(aa) added, pp. 1654, 917, §§ 57, 2, effective July 1. L. 94: (1)(h), (1)(n), and (1)(o) amended, p. 567, § 20, effective April 6. L. 96: (1)(k.5) amended, p. 1519, § 57, effective June 1. L. 97: (1)(p) amended, p. 108, § 1, effective March 24. L. 2001: (3) amended, p. 227, § 1, effective March 28. L. 2003: (1)(v) repealed, p. 1421, § 2, effective April 29; (1)(ee) added, p. 2502, § 3, effective June 5; (1)(bb), (1)(cc), and (1)(dd) added, p. 962, § 2, effective July 1. L. 2007: (1)(k.5) amended, p. 868, § 2, effective May 14. L. 2009: (1)(cc), (1)(dd), and (1)(ee) amended, (SB 09-292), ch. 369, p. 1967, § 75, effective August 5; (5)(c) added, (SB 09-290), ch. 374, p. 2040, § 4, effective August 5. L. 2010: (5)(d) added, (HB 10-1181), ch. 351, p. 1622, § 7, effective June 7. L. 2014: (1)(a), (1)(b), (1)(d), (1)(i), (1)(k), (1)(l), (1)(n)(II), (1)(p), (1)(q), (1)(s)(II), (1)(s)(IV), (1)(t)(I), (1)(w), (1)(z), (3)(a), and (5) amended and (3)(c) and (6) added, (HB 14-1387), ch. 378, p. 1805, § 4, effective June 6. L. 2015: IP(1), (1)(s)(II), (1)(t)(I), (1)(w), (1)(z), (3)(a), (4), and (5) amended, (1)(l) repealed, and (1)(s.5) added, (SB 15-270), ch. 296, p. 1207, § 3, effective June 5. L. 2016: (5)(c) amended, (SB 16-204), ch. 222, p. 852, § 4, effective June 6. L. 2017: (3)(b)(II) amended, (HB 17-1257), ch. 254, p. 1063, § 1, effective August 9.

            Editor's note: Subsection (1)(aa) provided for the repeal of subsection (1)(aa), effective January 1, 1996. (See L. 93, p. 917.)

            Cross references: For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.

24-30-1303.1.  Code appeals board - creation - duties. (Repealed)

            Source: L. 90: Entire section added, p. 1188, § 4, effective April 18. L. 2014: Entire section repealed, (HB 14-1387), ch. 378, p. 1855, § 71, effective June 6.

            Cross references: For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.

24-30-1303.5.  Office of the state architect to prepare and maintain inventory of state property - vacant facilities. (1)  The office shall obtain and maintain a correct and current inventory of all real property owned by or held in trust for the state or any state agency or state institution of higher education, and, in cooperation with the attorney general, correct any defects in title to said real property necessary to vest marketable title in the state.

            (2)  Such inventory must include sufficient information to identify such real property with respect to which unit of the state has control thereof, where such real property is located, and when and from what source the real property was acquired, including subsequent improvements. The office shall establish and maintain an accurate index system which will assure that inquiries as to the location and control of all such real property will be promptly answered.

            (3)  The office shall establish procedures whereby each state agency and state institution of higher education is required to report all acquisitions of real property, including improvements, and all dispositions thereof to the office to enable the inventory to be promptly and accurately maintained with respect to such changes. The report must include a copy of each purchase or sale agreement pertaining to the acquisition or disposition of real property, including improvements, or, if such agreements are not available, such other documents describing the terms and conditions of the transaction as the office finds to be appropriate in order to maintain the information required by subsection (2) of this section. For each transaction involving the acquisition or disposition of real property, the state agency or the state institution of higher education shall also provide to the department a copy of the deed pertaining to the real property after the deed has been recorded.

            (3.5) (a)  With respect to all real property owned by or held in trust for the state or any state agency or state institution of higher education, each state agency or state institution of higher education shall identify any vacant facility under its control. As used in this section, "vacant" means:

            (I)  Unoccupied;

            (II)  Unused in whole or in part for the purposes for which the improvement was designed, intended, or remodeled; or

            (III)  Without current defined plans by the state agency or state institution of higher education for the next fiscal year.

            (b)  A state agency or state institution of higher education must submit for the approval of the office a facility management plan for any vacant facility consistent with the procedures established by the office. The state agency or state institution of higher education must submit the facility management plan to the office within thirty days after the facility becomes vacant. In addition to any other information required by the office, the facility management plan must include the following:

            (I)  A financial analysis of the possible uses of the facility;

            (II)  Any plans for the disposal of the facility through sale, lease, demolition, or otherwise;

            (III)  If the state agency or state institution of higher education does not intend to dispose of the facility during the next fiscal year, a plan for the proposed controlled maintenance, if any, necessary to avoid the deterioration of the vacant facility; and

            (IV)  Whether the facility has or is eligible to receive a national, state, or local historic designation or listing.

            (c) (I)  For each year after the office approves a facility management plan, the state agency or state institution of higher education shall submit an annual facility management plan update consistent with the procedures established by the office. The update must be submitted on or before November 1 of the year following the approval of a facility management plan and each November 1 thereafter until such time that the facility is no longer vacant. In addition to any other information required by the office, the update must identify all actions taken by the state agency or state institution of higher education within the last year consistent with the facility management plan. If based on the update or on any other information known by the office, the office determines that the state agency or state institution of higher education has failed to comply with the provisions of an approved facility management plan, the office may revoke the approval of the facility management plan. If the office revokes approval of the facility management plan, a state agency or state institution of higher education is required to submit a new facility management plan for the vacant facility subject to the provisions of this subsection (3.5).

            (II)  In addition to any other requirements of subparagraph (I) of this paragraph (c), the facility management plan update must describe any changes proposed by the state agency or state institution of higher education to the facility management plan. Any proposed changes to the facility management plan are subject to the approval of the office, and any approved changes become part of the facility management plan for purposes of future updates.

            (d)  Any facility management plan or update required to be submitted by a state institution of higher education pursuant to this subsection (3.5) must be submitted to the Colorado commission on higher education instead of the office. The commission shall submit a copy of the facility management plan or update and the commission's recommendations regarding it to the office.

            (e)  Repealed.

            (f)  No state agency or state institution of higher education is eligible for any capital construction appropriations until the office approves a facility management plan for all vacant facilities controlled by the state agency or state institution of higher education; except that the capital development committee may exempt a state agency or state institution of higher education from the provisions of this paragraph (f).

            (4)  For purposes of maintaining a current inventory, no acquisition or disposition of real property may be made and no funds or other valuable consideration may be given by a state agency or state institution of higher education for such acquisition, nor may any final document of conveyance of real property be transmitted to a purchaser, until a complete report on such transaction as required pursuant to subsection (3) of this section has been filed with the office and the office has issued a written acknowledgment of the receipt of such report to the state agency or state institution of higher education. Such written acknowledgment must be issued without delay, and nothing in this section should be construed to give the office any power to approve or disapprove any acquisition or disposition of real property, improvements thereon, or other capital assets.

            (5)  (Deleted by amendment, L. 2014.)

            (5.5)  The office shall cause to be developed performance criteria for real property. An analysis must be made upon selected real property against the performance criteria to assess whether the selected real property should be considered for sale or other disposition if such real property is not performing and is determined not to be of sound investment value, or should be held for an identified future state need. The office may contract to maintain such inventories, develop such performance criteria, and perform such analysis and may enter exclusive brokerage agreements on behalf of state agencies and state institutions of higher education to the extent necessary to accomplish the maintenance of such inventory and such analysis. The office shall make recommendations to the capital development committee regarding various real property management strategies resulting from such analysis. This subsection (5.5) does not apply to property that is subject to the provisions of section 43-1-106 (8)(n), C.R.S.

            (6)  Notwithstanding section 24-1-136 (11)(a)(I), the office shall prepare an annual report of the acquisitions and dispositions of real property subject to this section and make the report available to the members of the capital development committee. Such report must include a description of the real property and its present use and value.

            Source: L. 83: Entire section added, p. 894, § 1, effective June 6. L. 90: (6) amended, p. 1284, § 2, effective April 3; (5.5) added, p. 1190, § 5, effective April 18. L. 91: (1) and (5.5) amended, p. 1059, § 17, effective July 1. L. 99: (6) amended, p. 690, § 11, effective August 4. L. 2003: (3.5) added, p. 963, § 3, effective July 1. L. 2007: (3.5)(e) repealed, p. 757, § 6, effective May 10. L. 2014: Entire section amended, (HB 14-1387), ch. 378, p. 1808, § 5, effective June 6. L. 2015: (1), (2), (3), (3.5), (4), (5.5), and (6) amended, (SB 15-270), ch. 296, p. 1209, § 4, effective June 5. L. 2017: (6) amended, (HB 17-1058), ch. 18, p. 59, § 5, effective March 8.

            Cross references: For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.

24-30-1303.7.  Controlled maintenance projects - flexibility in administering appropriations. (1)  When the actual cost of a controlled maintenance project exceeds the amount specifically appropriated for such project in the annual general appropriation act or when an emergency need arises for a new controlled maintenance project, the executive director may eliminate one or more projects authorized by appropriation in the general appropriation act and utilize the savings to cover such additional cost or the cost of the emergency project. When the actual cost of a controlled maintenance project is less than the amount specifically appropriated for such project in the annual general appropriation act, the executive director may apply such savings to other appropriated controlled maintenance projects.

            (2) and (3)  Repealed.

            Source: L. 86, 2nd Ex. Sess.: Entire section added, p. 62, § 1, effective August 25. L. 87: (3) repealed, p. 978, § 1, effective May 6. L. 99: (2) repealed, p. 690, § 12, effective August 4.

24-30-1303.8.  Governor's mansion maintenance fund - creation - report. (1) (a)  The governor's mansion maintenance fund, referred to in this section as the "fund", is hereby created in the state treasury. The fund consists of money earned from the operation of the governor's mansion, such as rental fees, which money is credited to the fund by the state treasurer, and any other money that the general assembly may appropriate or transfer to the fund; except that the fund balance may not exceed five hundred thousand dollars at the close of any fiscal year. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Subject to annual appropriation by the general assembly, the governor's office may expend money from the fund for any operating costs for any governor's mansion activities and the department may expend money from the fund for controlled maintenance of the governor's mansion; except that the capital development committee shall review any appropriation requests for controlled maintenance and shall forward its recommendations to the joint budget committee.

            (b)  No later than December 1, 2018, and each December 1 thereafter, the department shall provide a report to the capital development committee regarding the fund balance and information regarding the controlled maintenance needs of the governor's mansion.

            (2)  If the money in the fund is insufficient to cover the cost of a controlled maintenance project, the department may submit a controlled maintenance budget request for the governor's mansion with the office of state planning and budgeting to be included with the office of state planning and budgeting's submission to the capital development committee made pursuant to section 24-37-304 (1)(c.3)(I)(D).

            Source: L. 2018: Entire section added, (SB 18-208), ch. 292, p. 1796, § 1, effective August 8.

24-30-1303.9.  Eligibility for state controlled maintenance funding - legislative declaration. (1)  The office of the state architect shall develop guidelines in order to establish when real property is eligible for controlled maintenance funding, subject to the limitations set forth in this section. The guidelines must address the timing of such eligibility with respect to the dates on which acquisition, construction, additions, renovations, or corrective repairs of real property occurred.

            (2)  The guidelines shall be annually reviewed and approved by the capital development committee.

            (3)  The guidelines shall provide for a waiver of eligibility requirements that a state agency or state institution of higher education may request in writing. If the state architect determines that special consideration is appropriate, he or she shall seek approval from the capital development committee.

            (4)  The guidelines shall be posted on the website of the office of the state architect.

            (5)  Notwithstanding the eligibility requirements specified in this section, if a need arises for emergency controlled maintenance funding, the state agency or state institution of higher education shall communicate such need to the state architect in writing, and the state architect, in his or her discretion, may use moneys in the emergency controlled maintenance account created in section 24-75-302 (3.2) to fund such emergency controlled maintenance need. The state architect shall annually provide an emergency controlled maintenance funding status report to the capital development committee that shows spending for emergency controlled maintenance projects from the emergency controlled maintenance account.

            (6)  Any corrective repairs or replacement as part of a controlled maintenance project must be suitable for retention or use for at least five years.

            (7) (a)  Controlled maintenance funds may not be used for:

            (I)  Corrective repairs or replacement of real property and replacement or repair of the fixed or movable equipment necessary for the operation of real property, when such work is funded in a state agency's or state institution of higher education's operating budget;

            (II)  Auxiliary facilities as defined in section 23-1-106 (10.3);

            (III)  Leasehold interests in real property;

            (IV)  Any work properly categorized as capital construction;

            (V)  Facilities described in section 23-1-106 (10.2)(a)(III); or

            (VI)  Any real property acquired by a state agency or a state institution of higher education through a lease-purchase agreement where the lease-purchase agreement requires authorization set forth in section 24-82-801.

            (b)  Minor maintenance items shall not be accumulated to create a controlled maintenance project, nor shall minor maintenance work be accomplished as a part of a controlled maintenance project unless the work is directly related to the project.

            (8)  Notwithstanding this section, controlled maintenance funds may be used for real property leased and operated by the department of human services or the department of corrections.

            (9)  Notwithstanding this section, controlled maintenance funds may be used for real property that is transferred from the San Juan basin area vocational school to Pueblo community college as part of a merger transaction between the San Juan basin area vocational school and Pueblo community college.

            (10)  Notwithstanding this section, controlled maintenance funds may be used for academic facility as defined in section 23-1-106 (10.3), C.R.S.

            Source: L. 2012: Entire section added, (HB 12-1318), ch. 129, p. 446, § 1, effective August 8. L. 2014: (1) amended and (6) to (10) added, (HB 14-1387), ch. 378, p. 1811, § 6, effective June 6. L. 2017: (7)(a)(II), (7)(a)(III), and (7)(a)(IV) amended and (7)(a)(V) added, (SB 17-267), ch. 267, p. 1441, § 8, effective May 30. L. 2018: (7)(a)(IV) and (7)(a)(V) amended and (7)(a)(VI) added, (HB 18-1374), ch. 249, p. 1535, § 1, effective August 8.

            Cross references: (1)  For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.

            (2)  For the legislative declaration in SB 17-267, see section 1 of chapter 267, Session Laws of Colorado 2017.

24-30-1304.  Life-cycle cost - legislative findings and declaration. (1)  The general assembly hereby finds:

            (a)  That state-owned real property has a significant impact on the state's consumption of energy;

            (b)  That energy conservation practices adopted for the design, construction, and utilization of this real property will have a beneficial effect on the state's overall supply of energy;

            (c)  That the cost of the energy consumed by this real property over the life of the real property must be considered, in addition to the initial cost of constructing such real property; and

            (d)  That the cost of energy is significant, and facility designs must take into consideration the total life-cycle cost, including the initial construction cost, the cost, over the economic life of the real property, of the energy consumed, replacement costs, and the cost of operation and maintenance of the real property, including energy consumption.

            (2)  The general assembly declares that it is the policy of this state to ensure that energy conservation practices are employed in the design of state-owned real property. To this end the general assembly requires all state agencies and state institutions of higher education to analyze the life-cycle cost of all real property constructed or renovated, over its economic life, in addition to the initial construction or renovation cost.

            Source: L. 79: Entire part added, p. 884, § 1, effective July 1. L. 2014: Entire section amended, (HB 14-1387), ch. 378, p. 1812, § 7, effective June 6.

            Cross references: For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.

24-30-1305.  Life-cycle cost - application - definitions. (1)  The general assembly authorizes and directs that state agencies and state institutions of higher education shall employ design and construction methods for real property under their jurisdiction, in such a manner as to further the policy declared in section 24-30-1304, insuring that life-cycle cost analyses and energy conservation practices are employed in new or renovated real property.

            (2)  The life-cycle cost analysis must include but not be limited to such elements as:

            (a)  The coordination, orientation, and positioning of the facility on its physical site;

            (b)  The amount and type of fenestration employed in the facility;

            (c)  Thermal performance and efficiency characteristics of materials incorporated into the facility design;

            (d)  The variable occupancy and operating conditions of the facility, including illumination levels; and

            (e)  Architectural features which affect energy consumption.

            (f)  (Deleted by amendment, L. 2014.)

            (3)  The life-cycle cost analysis performed for real property with a facility of twenty thousand or more gross square feet with significant energy demands must provide but not be limited to the following information:

            (a)  The initial estimated cost of each energy-consuming system being compared and evaluated;

            (b)  The estimated annual operating cost of all utility requirements, including consideration of possible escalating costs of energy. The office may rely on any national or locally appropriate fuel escalating methodology approved by the office of the state architect in performing life-cycle cost analyses.

            (c)  The estimated annual cost of maintaining each energy-consuming system;

            (d)  The average estimated replacement cost for each system expressed in annual terms for the economic life of the facility;

            (e)  The use of biofuel to provide supplemental or exclusive heating, power, or both for the facility. For a renovation of such a facility, the cost analysis regarding the use of biofuel must consider any stranded utility costs; and

            (f)  An energy consumption analysis of such real property's heating, ventilating, and air conditioning system, lighting system, and all other energy-consuming systems. The energy consumption analysis of the operation of energy-consuming systems in the real property should include but not be limited to:

            (I)  The comparison of two or more system alternatives;

            (II)  The simulation or engineering evaluation of each system over the entire range of operation of the real property for a year's operating period; and

            (III)  The engineering evaluation of the energy consumption of component equipment in each system considering the operation of such components at other than full or rated outputs.

            (4)  The life-cycle cost analysis shall be certified by a licensed architect or professional engineer, or by both architect and engineer, particularly qualified by training and experience for the type of work involved.

            (5)  In order to protect the integrity of historic buildings, no provision of section 24-30-1304 or this section should be interpreted to require such analysis with respect to any real property eligible for, nominated to, or entered in the national register of historic places, designated by statute, or included in an established list of places compiled by the state historical society.

            (6)  Selection of the optimum system or combination of systems to be incorporated into the design of real property must be based on the life-cycle cost analysis over the economic life of the real property, unless a request for an alternative system is made and approved by the office prior to beginning construction.

            (7)  The principal representatives of all state agencies and state institutions of higher education are responsible for implementing the provisions of this section and the policy established in section 24-30-1304.

            (8)  The provisions of section 24-30-1304 and this section shall not apply to municipalities or counties nor to any agency or department of any municipality or county.

            (9)  Repealed.

            (10)  As used in this section, unless the context otherwise requires:

            (a)  "Biofuel" means nontoxic plant matter consisting of agricultural or silvicultural crops or their byproducts, urban wood waste, mill residue, slash, or brush.

            (b)  "Energy consumption analysis" means the evaluation of all energy-consuming systems and components by demand and type of energy, including the internal energy load imposed on real property by its occupants, equipment, and components and the external energy load imposed on the real property by climatic conditions.

            Source: L. 79: Entire part added, p. 884, § 1, effective July 1. L. 2004: (4) amended, p. 1311, § 55, effective May 28. L. 2006: (3)(e) added, p. 158, § 1, effective March 31. L. 2007: (9) added, p. 485, § 2, effective September 1. L. 2008: (3)(b) amended, p. 1307, § 2, effective August 5. L. 2013: (9)(b) amended and (9)(c)(IV) repealed, (SB 13-028), ch. 66, p. 218, § 2, effective March 22. L. 2014: (1), (2), (3), (5), (6), and (7) amended, (9) repealed, and (10) added, (HB 14-1387), ch. 378, pp. 1813, 1855, §§ 8, 71, effective June 6. L. 2015: (3)(b) and (6) amended, (SB 15-270), ch. 296, p. 1211, § 5, effective June 5.

            Cross references: (1)  For the legislative declaration in the 2013 act amending subsection (9)(b) and repealing subsection (9)(c)(IV), see section 1 of chapter 66, Session Laws of Colorado 2013.

            (2)  For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.

24-30-1305.5.  High performance standards - report - legislative declaration - definition. (1)  The office shall, in consultation with the Colorado commission on higher education, adopt and update from time to time a high performance standard certification program.

            (2)  A state agency or state institution of higher education controlling the substantial renovation, design, or new construction of a building shall, pursuant to the program adopted in subsection (1) of this section, perform the substantial renovation, design, or new construction to achieve the highest performance certification attainable as certified by an independent third party pursuant to the high performance standard certification program. A certification is attainable if the increased initial costs of the substantial renovation, design, or new construction, including the time value of money, to achieve the highest performance certification attainable can be recouped from decreased operational costs within fifteen years.

            (3) (a)  For all buildings that started the design process on or after January 1, 2010, each state agency or state institution of higher education shall monitor, track, and verify utility vendor bill data pertaining to the building and must annually report to the office. The annual report must also include information related to building performance based on the building's utility consumption.

            (b)  The general assembly hereby finds, determines, and declares that buildings that have achieved the highest performance certification attainable and started the design process prior to January 1, 2010, are strongly encouraged to monitor, track, and verify utility vendor bill data pertaining to such building in order to ensure that the increased initial costs to achieve the highest performance certification attainable are in fact recouped. If such data is monitored, tracked, and verified, then the state agency or state institution of higher education must annually report to the office. If such data is not monitored, tracked, and verified, then the state agency or state institution of higher education must provide the office, in writing, a reasonable explanation and also must work with the office to find a way to start monitoring, tracking, verifying, and reporting such data.

            (c)  The state agency or state institution of higher education, not a utility company, shall compile the utility vendor bill data.

            (4)  If the state agency or state institution of higher education estimates that the increased initial costs of the substantial renovation, design, or new construction, including the time value of money, to achieve the highest performance certification attainable will exceed five percent of the total cost of the substantial renovation, design, or new construction, the capital development committee shall specifically examine such estimate before approving any appropriation for the substantial renovation, design, or new construction.

            (5)  If a building undergoing substantial renovation cannot achieve high performance due to either the historical nature of the building or because the increased costs of renovating the building cannot be recouped from decreased operational costs within fifteen years, an accredited professional shall assert in writing that, as much as possible, the substantial renovation has been consistent with the high performance standard certification program.

            (6)  Any design or new construction of a building of less than five thousand square feet that is, but for its size, otherwise subject to this section and any minor renovation and controlled maintenance of a building that is subject to this section must be executed to the high performance standards adopted in the high performance standard certification program even if high performance certification is not sought at that time.

            (7)  Notwithstanding section 24-1-136 (11)(a)(I), the office shall report annually to the capital development committee regarding contracting documents, project guidelines, and reporting and tracking procedures related to the implementation of this section.

            (8)  As used in this section, unless the context otherwise requires:

            (a) (I)  "Building" means a facility that:

            (A)  Is substantially renovated, designed, or constructed with state moneys or with moneys guaranteed or insured by a state agency or state institution of higher education and such moneys constitute at least twenty-five percent of the project cost;

            (B)  Contains five thousand or more gross square feet;

            (C)  Includes a heating, ventilation, or air conditioning system; and

            (D)  Did not enter the design phase prior to January 1, 2008.

            (II)  "Building" includes an academic facility as defined in section 23-1-106 (10.3)(a), C.R.S., including an academic facility as defined in the guidelines described in section 23-1-106 (10.2)(b)(I), C.R.S.

            (III)  "Building" does not include:

            (A)  An auxiliary facility as defined in section 23-1-106 (10.3)(b), C.R.S., including an auxiliary facility as defined in the guidelines described in section 23-1-106 (10.2)(b)(I), C.R.S.; or

            (B)  A publicly assisted housing project as defined in section 24-32-718.

            (b)  "High performance standard certification program" means a real property renovation, design, and construction standard that:

            (I)  Is quantifiable, measurable, and verifiable as certified by an independent third party;

            (II)  Reduces the operating costs of real property by reducing the consumption of energy, water, and other resources;

            (III)  Results in the recovery of the increased initial capital costs attributable to compliance with the program over time by reducing long-term energy, maintenance, and operating costs;

            (IV)  Improves the indoor environmental quality of real property for a healthier work environment;

            (V)  Encourages the use of products harvested, created, or mined within Colorado, regardless of product certification status;

            (VI)  Protects Colorado's environment; and

            (VII)  Complies with the federal secretary of the interior's standards for the treatment of historic real property when such work will affect real property fifty years of age or older, unless the state historical society, designated in section 24-80-201, determines that such real property is not of historical significance as defined in section 24-80.1-102 (6).

            (c)  "Substantial renovation" means any renovation with a cost that exceeds twenty-five percent of the value of the building.

            (d)  "Utility vendor bill data" means information or data limited to the usage data measured by the state agency or state institution of higher education or the information or data required to meet minimum program standards by an independent third party pursuant to the high performance standard certification program.

            Source: L. 2014: Entire section added, (HB 14-1387), ch. 378, p. 1815, § 9, effective June 6. L. 2015: (1), (3)(a), (3)(b), (7), and (8)(d) amended, (SB 15-270), ch. 296, p. 1212, § 6, effective June 5. L. 2017: (7) amended, (HB 17-1058), ch. 18, p. 59, § 6, effective March 8.

            Cross references: For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.

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TITLE 24 — STATE PROPERTY/ARTICLE 82/PART 1 — CAPITOL BUILDINGS/ACQUISITION OF PROPERTY

TITLE 24 — STATE PROPERTY/ARTICLE 82/PART 1 — CAPITOL BUILDINGS/ACQUISITION OF PROPERTY

24-82-101.  Control of legislative space in the capitol, the legislative services building, and the state office building at 1525 Sherman street - responsibility of department of personnel for supervision of maintenance in capitol buildings group - exception - capitol complex master plan. (1)  In accordance with the provisions of section 2-2-321, C.R.S., concerning space for the legislative department, subject to appropriations made by the general assembly and subject to the provisions of section 24-82-108, concerning preservation of the state capitol building, the legislative department, acting through the executive committee of the legislative council:

            (a)  Shall have control of legislative spaces in the capitol, the legislative services building, and the state office building at 1525 Sherman street, and the grounds adjacent to the capitol within the area bounded on the north by east Colfax avenue, on the west by Lincoln street, on the south by Fourteenth avenue, and on the east by Grant street, as shown on the official maps of the city and county of Denver, the state-owned grounds adjacent to the legislative services building at Fourteenth avenue and Sherman street, and the tunnels connecting the subbasements of the capitol, the legislative services building, and the state office building at 1525 Sherman street, together with all furniture, fixtures, furnishings, and equipment and all exhibits placed in and about said buildings; and

            (b)  Shall be responsible for the supervision of the provision of maintenance for legislative spaces in the capitol, the legislative services building, and the state office building at 1525 Sherman street, and the grounds and tunnels specified in paragraph (a) of this subsection (1) if the executive committee of the legislative council adopts a resolution assuming such responsibility. The executive committee shall deliver a copy of any resolution it adopts pursuant to this paragraph (b) to the executive director of the department of personnel.

            (2)  Except as otherwise provided in section 2-2-321, C.R.S., the department of personnel shall have control of executive space in the capitol and the grounds and any other property the state may acquire adjacent to the capitol other than the grounds and tunnels specified in paragraph (a) of subsection (1) of this section, together with all furniture, fixtures, furnishings, and equipment and all exhibits placed in and about such space or property, subject to appropriations made by the general assembly and subject to the provisions of section 24-82-108, concerning preservation of the state capitol building. Except as otherwise provided in paragraph (b) of subsection (1) of this section, the department of personnel shall be responsible for the supervision of the provision of maintenance for the state capitol buildings group, including assignment of all executive space owned and rented in the capitol buildings group, subject to appropriations made by the general assembly and subject to the provisions of section 2-2-321, C.R.S., concerning space for the legislative department, and subject to the provisions of section 24-82-108, concerning preservation of the state capitol building.

            (3) (a)  The department of personnel shall enter into competitive negotiations for the acquisition of professional services, as specified in part 14 of article 30 of this title, to develop a master plan for the capitol complex.

            (b)  The master plan is subject to final approval from the office of state planning and budgeting and the capital development committee. The master plan must be completed no later than December 1, 2014, and shall:

            (I)  Determine space utilization needs for state agencies located in and near the capitol complex;

            (II)  Prioritize the location of various state agencies based on their service functions;

            (III)  Consider the symbolic importance of certain capitol complex buildings and grounds;

            (IV)  Identify opportunities for co-locating state agencies;

            (V)  Identify the most appropriate use of state-owned and leased space for state agencies;

            (VI)  Identify opportunities for energy cost savings and improved sustainability within state-owned facilities;

            (VII)  Assess and improve security for state-owned facilities, especially for those state agencies performing sensitive government functions;

            (VIII)  Establish guidelines regarding the appropriate use and maintenance of grounds within the capitol complex;

            (IX)  Assess existing parking capacity and identify the current and future need for capitol complex tenants, including the location of parking facilities;

            (X)  Establish guidelines for future development within the capitol complex, including a multi-year plan for:

            (A)  New and renovated capital construction projects;

            (B)  Controlled maintenance projects; and

            (C)  Real estate acquisition or disposition transactions as applicable;

            (XI)  Review the pedestrian circulation around the capitol complex;

            (XII)  Suggest financing options for future improvements and development;

            (XIII)  Make recommendations on buying, selling, constructing, financing, or leasing properties in the capitol complex based on factors such as land use and centralization versus decentralization of state functions; and

            (XIV)  Address any other issues that the office of the state architect deems important in relation to the goals of the master plan.

            (c)  Notwithstanding any law to the contrary, all real estate-related capital requests by executive branch departments or the legislative branch for the capitol complex shall be evaluated by the office of the state architect, the office of state planning and budgeting, and the capital development committee against the capitol complex master plan developed pursuant to paragraph (a) of this subsection (3).

            (d)  The capitol complex master plan shall be kept and maintained by the office of the state architect.

            (e) (I)  The capitol complex master plan may be modified by the office of the state architect on an as-needed basis, subject to approval by the office of state planning and budgeting and the capital development committee.

            (II)  At a minimum, an updated capitol complex master plan must be completed by the office of the state architect every ten years. Prior to completion of the updated master plan, the office of the state architect shall seek approval from the office of state planning and budgeting and the capital development committee of all amendments to the master plan.

            (f)  For purposes of this subsection (3), the "capitol complex" includes the following buildings, facilities, and surface parking lots:

            (I)  1570 Grant street, Denver;

            (II)  1575 Sherman street, Denver;

            (III)  1525 Sherman street, Denver, and the surface parking lots located west and north of the building;

            (IV)  201 East Colfax avenue, Denver, and the surface parking lot located north of the building;

            (V)  The state capitol building and grounds, 200 East Colfax avenue, Denver;

            (VI)  200 East 14th avenue, Denver;

            (VII)  1375 Sherman street, Denver;

            (VIII)  1341 Sherman street, Denver;

            (IX)  1313 Sherman street, Denver, and the surface parking lot located north of the building;

            (X)  1350 Lincoln street, Denver;

            (XI)  251 East 12th avenue, Denver;

            (XII)  690 Kipling street, Lakewood;

            (XIII)  700 Kipling street, Lakewood;

            (XIV)  Executive residence, 400 East 8th avenue, Denver;

            (XV)  1881 Pierce street, Denver;

            (XVI)  North campus buildings (north, east, and west), 1001 East 62nd avenue, Denver; and

            (XVII)  Any other buildings, facilities, and surface parking lots belonging to the capitol complex acquired after May 28, 2013.

            Source: L. 17: p. 115, § 2. C.L. § 391. CSA: C. 158, § 3. CRS 53: § 130-8-1. C.R.S. 1963: § 134-1-1. L. 75: Entire section amended, p. 819, § 10, effective July 18. L. 79: Entire section amended, p. 887, § 8, effective July 1. L. 91: Entire section amended, p. 861, § 3, effective May 16. L. 95: Entire section amended, p. 656, § 78, effective July 1. L. 2012: Entire section amended, (HB 12-1348), ch. 163, p. 572, § 2, effective August 8. L. 2013: (3) added, (SB 13-263), ch. 344, p. 2002, § 1, effective May 28. L. 2014: (3)(f)(XVII) amended, (HB 14-1387), ch. 378, p. 1850, § 55, effective June 6. L. 2015: (3)(c) and (3)(e) amended, (SB 15-270), ch. 296, p. 1220, § 20, effective June 5.

            Cross references: (1)  For the legislative declaration contained in the 1995 act amending this section, see section 112 of chapter 167, Session Laws of Colorado 1995.

            (2)  For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.

24-82-102.  State authorized to acquire property - disposition. (1) (a)  On behalf of the state of Colorado and with the approval of the governor, the executive director of the department of personnel is authorized to acquire fee simple title, or any lesser interest therein, to any real property for present or future use by the state. Title to such property may be acquired by purchase, donation, or lease-purchase agreements or by the exercise of the power of eminent domain through condemnation proceedings in accordance with law from funds appropriated by the general assembly or from funds donated to the state for the purpose. In the event that the executive director plans to acquire any real property by any of the means authorized by this paragraph (a), except for easements or rights-of-way, or to sell or otherwise dispose of such property, the executive director shall first submit a report to the capital development committee which outlines the anticipated use of the real property, the maintenance costs related to the property, the current value of the property, any conditions or limitations which may restrict the use of the property, and, in the event real property is acquired, the potential liability to the state which will result from such acquisition. The capital development committee shall review the reports submitted by the executive director and make recommendations to the executive director concerning the disposition of the real property. The executive director shall not acquire, sell, or otherwise dispose of any real property without considering the recommendations of the capital development committee.

            (b)  Any lease-purchase agreement that is entered into pursuant to paragraph (a) of this subsection (1) shall comply with the requirements of section 24-82-801.

            (c) to (e)  (Deleted by amendment, L. 2009, (HB 09-1218), ch. 132, p. 570, § 3, effective July 1, 2009.)

            (f)  As used in this section, "lease-purchase agreement" means a capital lease as defined in the generally accepted accounting principles issued by the governmental accounting standards board that the controller prescribes for the state as specified in section 24-30-202 (12).

            (2) (a)  The executive director of the department of personnel, with the approval of the governor, may rent or lease any real property not presently needed for state use and, under any such lease, with specific legislative authorization, may authorize the construction by the lessee on such property of any improvement which may be suitable for state use upon the termination of the lease, which improvement becomes the property of the state upon such termination at no additional cost to the state unless such costs are paid from funds appropriated by the general assembly or donated to the state for the purpose.

            (b)  Repealed.

            Source: L. 69: p. 1111, § 1. C.R.S. 1963: § 134-3-2. L. 72: p. 543, § 1. L. 77: (1) amended, p. 284, § 46, effective June 29. L. 79: (2)(b) repealed, p. 889, § 14, effective July 1. L. 80: (1) amended, p. 795, § 54, effective June 5. L. 81: (1) amended, p. 1243, § 1, effective June 12. L. 90: (1)(a) amended, p. 1283, § 1, effective April 3. L. 95: (1)(a) amended, p. 657, § 79, effective July 1. L. 2003: (1)(b) amended, p. 1377, § 4, effective April 28; (1)(b) amended, p. 2504, § 5, effective June 5. L. 2009: (1)(b), (1)(c), (1)(d), and (1)(e) amended and (1)(f) added, (HB 09-1218), ch. 132, p. 570, § 3, effective July 1. L. 2014: (2)(a) amended, (HB 14-1387), ch. 378, p. 1851, § 56, effective June 6.

            Cross references: (1)  For the legislative declaration contained in the 1995 act amending subsection (1)(a), see section 112 of chapter 167, Session Laws of Colorado 1995.

            (2)  For the legislative declaration contained in the 2003 act amending subsection (1)(b), see section 1 of chapter 190, Session Laws of Colorado 2003.

            (3)  For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.

24-82-103.  Off-street parking - financing. (1)  The department of personnel shall have the authority to acquire land for off-street parking and to construct related facilities, subject to specific appropriation for land acquisition and construction.

            (2)  The department of personnel shall develop and execute priorities for assignment of off-street parking. Rentals and charges for state-owned parking in the capitol buildings group shall not be less than those charges applicable to comparable parking offered privately and shall be reviewed annually prior to July 1.

            (2.5)  Notwithstanding the provisions of subsection (2) of this section, preferential rates shall be granted for parking spaces assigned to vehicles which are used by more than one person in going to and returning from work. Such rate shall be determined based upon the number of persons regularly going to and returning from work in the vehicle which is to be charged a preferential rate and shall decrease as the number of persons regularly going to and from work in such vehicle increases; except that no parking charge shall be made for any vehicle which regularly carries four or more persons, including the driver, in going to or returning from work. The office of state planning and budgeting shall provide that not less than ten percent of the available off-street parking shall be reserved for vanpool and carpool parking.

            (3)  All existing balance in the capitol parking account and the farmers' union amortization account shall be transferred to the capital construction fund.

            (4) (a)  Moneys received pursuant to this section in excess of those necessary to pay current capital and operating costs, which moneys to pay such costs are hereby appropriated, shall be deposited to the credit of a special account within the state treasury, and such moneys shall be expended only for incentives and programs to increase state employee participation in ridesharing arrangements, as defined in section 39-22-509 (1)(a)(II), C.R.S., and state employee use of bicycles or mass transit.

            (b)  Notwithstanding the provisions of paragraph (a) of this subsection (4), the department of personnel is authorized, subject to appropriation by the general assembly, to expend moneys in the special account described in paragraph (a) of this subsection (4) for the purpose of demolishing the state-owned buildings in the capitol complex at 1550 Lincoln street and making payments on a lease-purchase agreement for a parking structure on the southeast corner of fourteenth avenue and Lincoln street in the capitol complex.

            (5) (a)  There is hereby created in the department of personnel the capitol parking authority, referred to in this subsection (5) as the "authority", which shall be under the direction of the executive director of the department of personnel. The authority shall constitute an enterprise for the purposes of section 20 of article X of the state constitution so long as the authority retains the authority to issue revenue bonds pursuant to subsection (5)(b) of this section, and the authority receives less than ten percent of its total annual revenues from grants, as defined in section 24-77-102 (7), from all Colorado state and local governments combined. So long as the authority constitutes an enterprise pursuant to this section, the authority shall not be subject to any of the provisions of section 20 of article X of the state constitution.

            (b)  Subject to approval by the general assembly, either by bill or by joint resolution, and after approval by the governor pursuant to section 39 of article V of the state constitution, the authority is hereby authorized to issue revenue bonds to finance the acquisition of land for off-street parking or the construction of related facilities.

            Source: L. 58: p. 265, § 1. CRS 53: § 130-8-3. C.R.S. 1963: § 134-1-3. L. 75: Entire section R&RE, p. 818, § 4, effective July 18. L. 79: (1) and (2) amended, pp. 887, 1559, §§ 9, 23, effective July 1. L. 87: (4) repealed, p. 349, § 4, effective April 6. L. 89: (4) RC&RE, p. 1140, § 1, effective July 1. L. 95: (1), (2), and (4)(b) amended, p. 657, § 80, effective July 1. L. 2004: (4)(a) amended, p. 904, § 29, effective May 21; (4)(b) amended and (5) added, p. 1903, § 2, effective June 4. L. 2018: (5)(a) amended, (HB 18-1375), ch. 274, p. 1713, § 58, effective May 29.

            Cross references: For the legislative declaration contained in the 1995 act amending subsections (1), (2), and (4)(b), see section 112 of chapter 167, Session Laws of Colorado 1995.

24-82-104.  Capitol thoroughfares - city and county of Denver regulation. (1)  The driveways now existing upon the state capitol grounds at Denver, Colorado, extending from Colfax avenue to Fourteenth avenue and connecting with Sherman street at said intersections, are hereby declared to be reserved principally for the usage of employees and members of the executive department and the legislative department in the performance of their duties and for the usage of members of the public while attending functions at the state capitol.

            (2)  The city and county of Denver is hereby granted jurisdiction to make such regulations as are deemed necessary to accomplish the purposes of subsection (1) of this section and shall have authority to enforce such regulations by means of any police powers established by ordinance of the city and county of Denver or other provisions of law for the management and control of other streets, highways, and public thoroughfares within said city and county.

            (3)  The jurisdiction hereby granted shall not be deemed to convey any right, title, or interest in said driveways other than expressly provided and shall only extend to the purposes specified in this section, and the state of Colorado reserves the right at all times to revoke the powers hereby granted by act of the general assembly.

            Source: L. 39: p. 234, §§ 1, 3. CSA: C. 158, § 19(1). CRS 53: § 130-8-2. C.R.S. 1963: § 134-1-2. L. 91: (1) and (2) amended, p. 857, § 1, effective May 16.

24-82-105.  Security for state capitol buildings group - jurisdiction of law enforcement personnel on state property. (1) (a)  The city and county of Denver is granted jurisdiction to enforce the laws of the state of Colorado for the security of persons and property in the state capitol buildings group. In addition, the city and county of Denver is granted jurisdiction to enforce the ordinances of the city and county of Denver for the security of such persons and property. For the purposes of this subsection (1) and such enforcement, the ordinances of the city and county of Denver relating to access to and conduct on properties of the city and county of Denver referred to as parks shall likewise apply to the grounds of the state capitol buildings group, as to persons not having business thereon; except that the powers of the manager of parks and recreation enumerated in such ordinance shall not apply to such grounds. As used in this subsection (1), "state capitol buildings group" means those state-owned buildings, together with the state-owned grounds adjacent thereto, in the city and county of Denver within the area bounded on the north by Sixteenth avenue, on the west by Broadway, on the south by Eleventh avenue, and on the east by Grant street, as shown on the official maps of the city and county of Denver.

            (b)  Repealed.

            (2)  In addition to any other provision of law concerning jurisdiction of law enforcement personnel on state property, there is hereby vested in city police, town marshals, and county sheriffs, their undersheriffs and deputy sheriffs, jurisdiction to enforce the laws of this state on any state-owned or state-operated properties within their respective jurisdictions and to cooperate with members of the Colorado state patrol and other state law enforcement officers in such enforcement.

            Source: L. 72: p. 542, § 1. C.R.S. 1963: § 134-1-4. L. 79: Entire section amended, p. 981, § 1, effective May 18. L. 81: (1)(b) repealed, p. 1245, § 1, effective March 25. L. 89: (1)(a) amended, p. 846, § 117, effective July 1.

            Cross references: For designation and assignment of space in the capitol buildings group, see § 2-2-321.

24-82-106.  Acceptance - governor's approval. The department of personnel is authorized in the name and on behalf of the state to accept any devise or gifts inter vivos of property that may be donated to the state for the purpose of an executive mansion; but such acceptance shall be made only upon the approval of such donation by the governor.

            Source: L. 53: p. 578, § 1. CRS 53: § 130-11-1. C.R.S. 1963: § 134-3-1. L. 75: Entire section amended, p. 820, § 11, effective July 18. L. 79: Entire section amended, p. 888, § 10, effective July 1. L. 95: Entire section amended, p. 658, § 81, effective July 1.

            Cross references: For the legislative declaration contained in the 1995 act amending this section, see section 112 of chapter 167, Session Laws of Colorado 1995.

24-82-107.  Transfer of employees and property. Effective July 1, 1979, the officers and employees of the office of state planning and budgeting engaged prior to such date in the performance of the powers, duties, and functions vested by this part 1 in the department of personnel shall become employees of the department and shall retain all rights to state personnel system and retirement benefits under the laws of this state, and their services shall be deemed to have been continuous. Effective July 1, 1979, all of the books, records, reports, equipment, property, accounts, liabilities, and funds of the office of state planning and budgeting which pertain to the powers, duties, and functions vested by this part 1 in the department of personnel shall be transferred thereto.

            Source: L. 79: Entire section added, p. 888, § 11, effective July 1. L. 95: Entire section amended, p. 658, § 82, effective July 1.

            Cross references: For the legislative declaration contained in the 1995 act amending this section, see section 112 of chapter 167, Session Laws of Colorado 1995.

24-82-108.  State capitol building advisory committee - creation - repeal. (1)  It is the intent of the general assembly to ensure that the historic character and architectural integrity of the capitol building and grounds be preserved and promoted. Because the rose onyx, marble, granite, gold, oak woodwork, and brass fixtures and trim are deemed to be historic, it is the intent of the general assembly to provide for special procedures to be followed in any project affecting such items. In order to ensure that structural changes and innovations do not injure or dramatically change the state capitol building or the historic items contained within the building or other areas set forth in paragraph (a) of subsection (3) of this section, there is hereby created the state capitol building advisory committee, which shall review plans to restore, redecorate, or reconstruct space within the state capitol building and make recommendations to the capital development committee based on such plans.

            (2) (a) (I)  The state capitol building advisory committee shall be composed of the following twelve members: Three members appointed by the speaker of the house of representatives, at least one of whom shall be a member of the house of representatives who has served at least one year in the house of representatives; three members appointed by the president of the senate, at least one of whom shall be a member of the senate who has served at least one year in the senate; three members appointed by the governor; an architect, appointed by the governor, who is a person knowledgeable about the historic and architectural integrity of the state capitol building; and the following ex officio members: The president of the state historical society or a designee of the president; and the executive director of the department of personnel or a designee of the executive director. Of the members scheduled to be appointed by the speaker of the house of representatives on July 1, 2001, one shall serve a term of one year and two shall serve terms of two years. Except as provided in subparagraph (II) of this paragraph (a), all members appointed by the speaker of the house of representatives thereafter shall serve two-year terms. Of the members scheduled to be appointed by the president of the senate on July 1, 2001, one shall serve a term of one year and two shall serve terms of two years. Except as provided in subparagraph (II) of this paragraph (a), all members appointed by the president of the senate thereafter shall serve two-year terms. Of the members scheduled to be appointed by the governor on July 1, 2000, one member shall serve a term of one year, one member shall serve a term of two years, and two members shall serve terms of three years. All members appointed by the governor thereafter shall serve two-year terms.

            (II)  The terms of the members appointed by the speaker of the house of representatives and the president of the senate and who are serving on March 22, 2007, shall be extended to and expire on or shall terminate on the convening date of the first regular session of the sixty-seventh general assembly. As soon as practicable after such convening date, the speaker and the president shall appoint or reappoint members in the same manner as provided in subparagraph (I) of this paragraph (a). Thereafter, the terms of members appointed or reappointed by the speaker and the president shall expire on the convening date of the first regular session of each general assembly, and all subsequent appointments and reappointments by the speaker and the president shall be made as soon as practicable after such convening date. The person making the original appointment or reappointment shall fill any vacancy by appointment for the remainder of an unexpired term. Members appointed or reappointed by the president and the speaker shall serve at the pleasure of the appointing authority and shall continue in office until the member's successor is appointed.

            (b)  Ex officio members of the advisory committee shall serve as long as their office is held.

            (c)  The advisory committee shall meet at the state capitol no less than three times per year at the call of the chairman. One meeting shall be designated as the annual meeting.

            (d)  At the annual meeting, the advisory committee members shall elect a chairman from among its members to serve as chairman for one year of such member's term.

            (e)  All members of the advisory committee shall be volunteers and shall serve without per diem except as otherwise provided in section 2-2-326, C.R.S.; except that members of the advisory committee shall be reimbursed for necessary and actual expenses incurred in the performance of their duties.

            (3)  The advisory committee shall have the following duties:

            (a)  The advisory committee shall review, advise, and make recommendations to the capital development committee with respect to plans to restore, redecorate, and reconstruct space within the public and ceremonial areas of the state capitol buildings group, the legislative services building and the surrounding grounds of such building, and the surrounding grounds of the state capitol building bounded by Colfax avenue on the north, Grant street on the east, Fourteenth avenue on the south, and Broadway on the west, in the city and county of Denver. This shall include but not be limited to the corridors, rotundas, lobbies, entrance ways, stairways, restrooms, porticos, steps, and elevators. The committee shall not have responsibility for reviewing, advising, or making recommendations concerning the outer office of the executive suite and the areas used for office space, legislative chambers, and legislative committee meeting rooms, except as to structural modifications affecting the rose onyx, marble, granite, gold, oak woodwork, or brass fixtures and trim as provided for in paragraph (b) of this subsection (3).

            (b)  The advisory committee shall review all planned construction projects affecting the rose onyx, marble, granite, gold, oak woodwork, and brass fixtures and trim of the state capitol building, and shall submit a written report to the capital development committee containing the advisory committee's findings. No such project affecting the rose onyx, marble, granite, gold, oak woodwork, and brass fixtures and trim shall be made without review by said advisory committee and the consent of the capital development committee. No alteration to the above listed items shall be permitted in any area of the state capitol building until such project is reviewed by the advisory committee and approved by the capital development committee. Notwithstanding the provisions of this paragraph (b), the department of personnel shall have the authority to perform emergency repairs where the safety of persons or the well-being of the building would be jeopardized by delay. Such emergency repairs shall be undertaken in a manner to prevent or minimize any damage to the rose onyx, marble, granite, gold, oak woodwork, or brass fixtures and trim of the state capitol building.

            (b.5)  Repealed.

            (c)  The advisory committee, in cooperation with the department of personnel and with the approval of the capital development committee, may engage in long-range planning for modifications and improvements to the state capitol building and its surrounding grounds.

            (d)  The advisory committee shall identify all furniture original to the state capitol building and create an inventory of such furniture. Any costs associated with identifying and inventorying furniture original to the state capitol building shall be paid with moneys raised through private sources and shall not be paid from the general fund. The department of personnel is hereby granted the authority to collect and use such moneys raised by private sources for the purpose of identifying and inventorying all furniture original to the state capitol building. The possession of all furniture original to the state capitol building shall be retained by the department of administration and shall be made available for use in the state capitol building. The furniture original to the state capitol building shall remain in the state capitol building at all times.

            (e)  The advisory committee shall determine which damaged pieces of furniture original to the state capitol building should be restored or renovated and shall make recommendations to the capital development committee regarding such furniture.

            (f) (I)  For the purpose of promoting historic interest in the state capitol building and for producing moneys to enhance preservation of original and historic elements of the state capitol building, the advisory committee shall formulate a plan for publishing publications on the history of the state capitol building and for developing other state capitol building memorabilia for sale to the public. This plan shall be presented to the capital development committee no later than October 1, 1991. All moneys received from the sale of such items shall be credited to a special account within the public buildings trust fund established by section 8 of the "Enabling Act of Colorado", which account is hereby established.

            (II)  The committee is authorized to accept gifts, grants, or donations of any kind from any private or public source to carry out the purposes of this paragraph (f). All such gifts, grants, or donations shall be transmitted to the state treasurer who shall credit the same to the special account created by this paragraph (f) within the public buildings trust fund.

            (III)  Moneys in the special account are hereby continuously appropriated to the advisory committee for republishing and reissuing publications on the history of the state capitol building and other state capitol building memorabilia, for restoring, repairing, and enhancing the state capitol building, the legislative services building, and the grounds of said buildings, and for such other purposes as are necessary or incidental to accomplish the purposes of this paragraph (f).

            (g)  The advisory committee shall evaluate proposals for uses of the state capitol driveways in addition to those authorized in section 24-82-104. The advisory committee shall evaluate any proposals which are received from the general assembly, the governor, or the city and county of Denver. Such evaluation shall consider any potential threat to the safety of individuals who are in or around the state capitol building, any potential interference with the operations of the executive department which are posed by any proposed additional use, and the relevant provisions of any current master plan for the state capitol building and surrounding area. Notwithstanding the provisions of section 24-82-104 (2), if the advisory committee determines the proposed use to be reasonable, the proposal shall be directed to the capital development committee and the governor for approval. No additional use of the state capitol driveways shall be effective without the approval of the capital development committee and the governor.

            (h) (I)  Except as provided in subparagraph (II) of this paragraph (h), all proposals involving the gift or loan of objects of art and memorials to be placed on a permanent or temporary basis in the state capitol building or on its surrounding grounds and proposals for fund-raising efforts to place objects of art or memorials in the state capitol building or on its surrounding grounds shall be submitted to the advisory committee for evaluation. The advisory committee shall develop criteria and a procedure for such evaluations, which procedure shall include consulting with knowledgeable advisors to assist in evaluating each object of art or memorial individually. The advisory committee shall evaluate all such proposals and present recommendations resulting from such evaluations as follows:

            (A)  Proposals pertaining to all public areas of the state capitol building, including but not limited to the corridors, rotunda, lobbies, entrance ways, stairways, restrooms, porticos, steps, and elevators shall be submitted to the capital development committee for approval. No such proposal shall be permitted to proceed without the prior approval of the capital development committee.

            (B)  Proposals pertaining to the surrounding grounds of the capitol building bounded by Colfax avenue on the north, Grant street on the east, Fourteenth avenue on the south, and Broadway on the west, in the city and county of Denver, shall be submitted to the capital development committee and the governor for approval. No such proposal shall be permitted to proceed without the prior approval of the capital development committee and the governor.

            (II)  The provisions of this paragraph (h), shall not apply to proposals pertaining to the outer office of the executive suite and those areas of the first floor used as office space by the executive department.

            (III)  The advisory committee is authorized to direct the removal of any objects of art or memorials that are placed in the state capitol building or on its surrounding grounds that have not been submitted to the advisory committee for evaluation and approval pursuant to the criteria and procedure developed by the advisory committee pursuant to subparagraph (I) of this paragraph (h). This subparagraph (III) shall not apply to objects of art or memorials placed prior to the formation of the advisory committee.

            (i) (I)  The advisory committee shall be responsible for any remaining duties of the former fallen heroes memorial commission as it existed in section 24-80-1402 prior to its repeal. The advisory committee shall perform any remaining duties with the assistance of the department of personnel and a Colorado 501(c)(3) organization created for the purpose of raising funds for the construction of the fallen heroes memorial.

            (II)  This subsection (3)(i) is repealed, effective July 1 of the year following the receipt by the revisor of statutes of certification from the executive director of the department of personnel that the appropriate memorials have been constructed.

            (4)  The advisory committee may call upon the staff of the legislative council and the department of personnel to provide any necessary assistance in carrying out the committee's duties. Proposed plans to restore, redecorate, or reconstruct the building, or make alterations affecting the rose onyx, marble, granite, gold, oak woodwork, and brass fixtures or trim in the building shall be submitted in writing to the staff of the legislative council and the department of personnel at least thirty days before such work is scheduled to begin.

            (5)  Repealed.

             Source: L. 91: Entire section added, p. 858, § 2, effective May 16. L. 92: (3)(f) amended and (3)(h) added, p. 1058, § 1, effective June 1. L. 93: (3)(f) amended, p. 288, § 1, effective April 7. L. 95: (2)(a), (3)(b) to (3)(d), and (4) amended, p. 658, § 83, effective July 1. L. 97: (5) repealed, p. 103, § 3, effective March 24. L. 2000: (3)(h) amended, p. 434, § 1, effective April 17; (2) amended, p. 1001, § 1, effective May 26. L. 2007: (2)(a) amended, p. 187, § 22, effective March 22. L. 2010: (3)(b.5) added, (HB 10-1402), ch. 255, p. 1136, § 2, effective May 25. L. 2014: (2)(e) amended, (SB 14-153), ch. 390, p. 1964, § 20, effective June 6. L. 2017: (3)(i) added, (SB 17-122), ch. 86, p. 267, § 3, effective August 9.

             Editor's note: Subsection (3)(b.5)(II) provided for the repeal of subsection (3)(b.5), effective July 1, 2012. (See L. 2010, p. 1136.)

             Cross references: (1)  For the legislative declaration contained in the 1995 act amending subsections (2)(a), (3)(b) to (3)(d), and (4), see section 112 of chapter 167, Session Laws of Colorado 1995.

             (2)  For the legislative declaration in SB 17-122, see section 1 of chapter 86, Session Laws of Colorado 2017.

24-82-109.  State capitol building renovation fund. The department of personnel shall have the authority to accept any bequests, gifts, and grants of any kind from any private source or from any governmental unit to be used for the renovation of the Colorado state capitol building. For the purposes of this section, "renovation" means the repair, remodeling, restoration, and preservation of the Colorado state capitol building and any fixtures or improvements associated therewith. The use of such bequests, gifts, and grants shall be subject to the conditions upon which the bequests, gifts, and grants are made; except that no bequest, gift, or grant shall be accepted if the conditions attached thereto require the use or expenditure thereof in a manner contrary to law or require expenditures from the general fund or any other fund in the state treasury unless such expenditures are approved by the general assembly. Such bequests, gifts, and grants, together with any other moneys appropriated or transferred by the general assembly, shall be credited to the Colorado state capitol building renovation fund, which fund is hereby created in the state treasury. The moneys in said fund shall be continuously appropriated to the department for expenditures recommended by the state capitol building advisory committee, created in section 24-82-108, and approved by the capital development committee and the joint budget committee for the purpose of renovating the Colorado state capitol building. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. All unencumbered moneys in the fund at the end of any fiscal year not appropriated shall remain in the fund and shall not be transferred or revert to the general fund of the state.

             Source: L. 97: Entire section added, p. 1101, § 1, effective May 27. L. 2005: Entire section amended, p. 635, § 1, effective May 27.

             Cross references: For capitol dome financing options, see §§ 2-3-1304.3 and 12-47.1-1201.

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TITLE 24 —​ PART 6 —​ STATE-OWNED FACILITIES/ENERGY CONSERVATION

TITLE 24 —​ PART 6 —​ STATE-OWNED FACILITIES/ENERGY CONSERVATION


24-82-601.  Definitions. As used in this part 6, unless the context otherwise requires:

             (1)  "Description" means a nontechnical explanation of all passive solar design and energy conservation features.

             (2)  "Fifty-five thousand Btu/square foot/year energy performance goal" means the goal for the amount of energy to be consumed or used on-site for the purposes of heating, cooling, lighting, and ventilation, but the term does not include energy losses associated with energy transmission, generation, or distribution.

             (3)  "Renewable energy systems" means passive and active solar systems, wind energy systems, biomass energy source systems, geothermal energy systems, hydroelectric energy systems, cogeneration systems, waste heat recovery systems, and other innovative energy recovery systems which meet the energy performance goal as provided in this part 6.

             (4)  "Unconditioned space" means buildings and structures or portions thereof which are neither heated nor cooled by fuel or electrical energy, including buildings or portions of buildings used primarily for the storage of materials and are uninhabited, except for the handling of those materials, and are not heated to fifty degrees Fahrenheit.

             Source: L. 81: Entire part added, p. 1251, § 1, effective July 1.

 24-82-602.  Required energy performance goal. (1)  All state buildings, and improvements thereto, with design commencing on or after July 1, 1981, shall be designed:

             (a)  To achieve a fifty-five thousand Btu/square foot/year energy performance goal for heating, cooling, lighting, and ventilation energy;

             (b)  To make maximum use of passive solar concepts such as energy conservation, natural lighting, and orientation and incorporation of thermal-mass;

             (c)  To make maximum use of economically feasible renewable energy systems;

             (d)  To achieve the ease of retrofit with renewable energy systems.

             (2)  A description of said system shall be posted or filed at the construction site, and copies thereof shall be made available to any interested party upon request.

             (3)  State buildings which are not office buildings shall be designed for maximum use of passive solar concepts, economically feasible renewable energy systems, and ease of renewable energy system retrofit but may exceed the fifty-five thousand Btu/square foot/year energy performance goal if approved by the department of personnel for each building on a case-by-case basis. Said goal may also be adjusted by the department of personnel to accommodate different climate zones in the state.

             (4)  This section shall not apply to space or buildings which are unconditioned or which are listed in the historical registry.

              Source: L. 81: Entire part added, p. 1252, § 1, effective July 1. L. 95: (3) amended, p. 660, § 86, effective July 1. L. 96: (3) amended, p. 1471, § 17, effective June 1.

              Cross references: For the legislative declaration contained in the 1995 act amending subsection (3), see section 112 of chapter 167, Session Laws of Colorado 1995.

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TITLE 24 — PART 7 — MASTER LEASING

TITLE 24 — PART 7 — MASTER LEASING

Cross references: Section 24-82-1207 states that the provisions of this part 7 shall not apply to leases entered into pursuant to part 12 of this article.

24-82-701.  Definitions. As used in this part 7, unless the context otherwise requires:

            (1)  "Additional lease-purchase agreement" means any transaction entered into on or after July 1, 1987, in which the state, acting by and through the department of personnel as provided by this part 7, is the lessee of real or personal property which shall be used by the state and in which the state has an option to purchase such real or personal property.

            (2)  "Director" means the executive director of the department of personnel.

            (3)  "Existing lease-purchase agreement" means any lease-purchase agreement entered into prior to July 1, 1987, in which the state is the lessee of real or personal property which shall be used by the state and in which the state has an option to purchase such real or personal property.

            (3.5)  "Lease purchase" means a capital lease as defined in the generally accepted accounting principles issued by the governmental accounting standards board that the controller prescribes for the state as specified in section 24-30-202 (12).

            (4)  "Master lease program" means the refinancing, revising, replacement, or consolidation of any existing or additional lease-purchase agreement or agreements.

            (5)  "State" means the state of Colorado or any department, agency, or commission thereof, including any state institution of higher education and the board of directors of the Auraria higher education center, but does not include the legislative department when acting pursuant to section 2-2-320 (2)(b), C.R.S.

            Source: L. 87: Entire part added, p. 1116, § 1, effective June 20. L. 95: (1) and (2) amended, p. 660, § 87, effective July 1. L. 2009: (3.5) added, (HB 09-1218), ch. 132, p. 571, § 4, effective July 1. L. 2010: (5) amended, (HB 10-1020), ch. 111, p. 370, § 2, effective April 15.

            Cross references: For the legislative declaration contained in the 1995 act amending subsections (1) and (2), see section 112 of chapter 167, Session Laws of Colorado 1995.

24-82-702.  Lease-purchase agreements. (1)  If the director determines that the state will realize economic or other benefits by revising or replacing existing lease-purchase agreements, or by entering into additional lease-purchase agreements, or by combining all or any portion of existing or additional lease-purchase agreements authorized by appropriations made by the general assembly, the director may develop a master lease program and execute such agreements. Any additional lease-purchase agreement executed by the director pursuant to this part 7 may include personal property which is the subject of an existing lease-purchase agreement or personal property for which an appropriation has been made by the general assembly for the fiscal year commencing July 1, 1987, and any fiscal year thereafter. An additional lease-purchase agreement executed by the director pursuant to this part 7 may include real property only if the initial acquisition of such property by means of a lease-purchase agreement was specifically authorized by a separate bill enacted by the general assembly pursuant to section 24-82-801. For the purposes of this subsection (1), appropriations made by the general assembly do not include continuing appropriations made by permanent statute.

            (2)  Repealed.

            Source: L. 87: Entire part added, p. 1117, § 1, effective June 20. L. 91: (1) amended, p. 800, § 1, effective July 1. L. 2000: (2) repealed, p. 1513, § 4, effective August 2. L. 2009: (1) amended, (HB 09-1218), ch. 132, p. 571, § 5, effective July 1.

24-82-703.  Lessor. (1)  The lessor under any additional lease-purchase agreement entered into by the director pursuant to the provisions of this part 7 shall be any for-profit or nonprofit corporation, trust, or commercial bank as trustee.

            (2)  On and after August 11, 2010:

            (a)  The director is authorized to execute on behalf of the nonprofit corporation abolished by Senate Bill 10-122, enacted in 2010, any documents related to any additional lease-purchase agreement for which said nonprofit corporation was the lessor pursuant to the provisions of this part 7;

            (b)  The director is authorized to expend moneys of the nonprofit corporation abolished by Senate Bill 10-122, enacted in 2010, as is necessary and appropriate to wind up the affairs of the nonprofit corporation. After receiving written notification from the director that the affairs of the nonprofit corporation have been concluded, the state treasurer shall transfer the remaining balance of any account in the state treasury containing moneys of the nonprofit corporation to the general fund.

            (c)  The state treasurer is authorized to accept on behalf of the nonprofit corporation abolished by Senate Bill 10-122, enacted in 2010, any revenues to which the nonprofit corporation would otherwise be legally entitled. Any revenues so received by the state treasurer shall be credited to the general fund.

            Source: L. 87: Entire part added, p. 1117, § 1, effective June 20. L. 93: Entire section amended, p. 2032, § 2, effective June 9. L. 2010: Entire section amended, (SB 10-122), ch. 64, p. 225, § 1, effective August 11.

24-82-704.  Payment obligations subject to annual appropriation by the general assembly. Every additional lease-purchase agreement authorized by the director pursuant to the provisions of this part 7 shall provide that all payment obligations of the state under such additional lease-purchase agreement are subject to annual appropriation by the general assembly and that such obligations shall not be deemed or construed as creating an indebtedness of the state within the meaning of any provision of the Colorado constitution or the laws of the state of Colorado concerning or limiting the creation of indebtedness by the state of Colorado.

            Source: L. 87: Entire part added, p. 1117, § 1, effective June 20.

24-82-705.  Terms and conditions of lease-purchase agreements. Any additional lease-purchase agreement entered into by the director pursuant to the provisions of this part 7 may contain such terms, provisions, and conditions as the director may deem appropriate. Such provisions may allow the state to receive fee title to the real and personal property which is the subject of such additional lease-purchase agreement on or prior to the expiration of the entire term of the agreement, including all optional renewal terms. Any additional lease-purchase agreement entered into pursuant to the provisions of this part 7 may further provide for the issuance, distribution, and sale of instruments evidencing rights to receive rentals and other payments made and to be made under such additional lease-purchase agreement, but only if and after a court of competent jurisdiction renders a final decision as to the constitutionality of the issuance of certificates of participation or other instruments evidencing the commitment of a district to make payments in subsequent fiscal years of moneys due under an installment purchase agreement for the purchase of real or personal property which requires payments during more than one fiscal year, or any agreement for the lease or rental of real or personal property which requires payments during more than one fiscal year and under which such district is entitled to receive title to the property at the end of the term for nominal or no additional consideration. Such instruments shall not be notes, bonds, or any other evidence of indebtedness of the state of Colorado within the meaning of any provision of the Colorado constitution or the laws of the state of Colorado concerning or limiting the creation of indebtedness by the state of Colorado. Interest paid under any additional lease-purchase agreement entered into pursuant to this part 7, including interest represented by such instruments, shall be exempt from Colorado income tax. Any such additional lease-purchase agreements shall provide an option for the state to purchase the property which is the subject of the lease prior to the termination of such additional lease-purchase agreement. In no event shall any individual representing a firm which was the successful bidder for a proposed financial services contract, which contract related to a master leasing program, prior to June 20, 1987, be allowed to become the underwriter or financial advisor for any master leasing agreement entered into by the director prior to June 30, 1988, pursuant to the provisions of this part 7.

            Source: L. 87: Entire part added, p. 1117, § 1, effective June 20. L. 93: Entire section amended, p. 2033, § 3, effective June 9.

24-82-706.  Subsequent payments. Rentals and other payments made by the state under any additional lease-purchase agreement entered into pursuant to the provisions of this part 7 may be made from moneys appropriated by the general assembly without the necessity of a separate bill.

            Source: L. 87: Entire part added, p. 1118, § 1, effective June 20.

24-82-707.  Ancillary agreements. The director may enter into or execute or may negotiate with any officer of the state to enter into or execute any deed, conveyance, escrow agreement, or other agreement or instrument which he deems necessary or appropriate in connection with any additional lease-purchase agreement entered into pursuant to this part 7.

             Source: L. 87: Entire part added, p. 1118, § 1, effective June 20.

24-82-708.  Fiscal rules inapplicable - independent powers. (1)  The provisions of section 24-30-202 (5)(b) shall not apply to any additional lease-purchase agreement or ancillary agreement entered into pursuant to this part 7. Any provision of the fiscal rules promulgated pursuant to section 24-30-202 (1) and (13) which the controller deems to be incompatible or inapplicable with respect to any such lease-purchase agreement or ancillary agreement may be waived by the controller or his designee.

             (2)  The powers conferred by this part 7 are in addition to any other law, and the limitations imposed by any other law do not affect the powers conferred by this part 7 and do not apply to the financing and refinancing contemplated by this part 7.

              Source: L. 87: Entire part added, p. 1118, § 1, effective June 20.

24-82-709.  Participation by institutions of postsecondary education. Institutions of postsecondary education, including the board of directors of the Auraria higher education center, may utilize the provisions of this part 7 so long as the criteria established by this part 7 for inclusion in a master lease are satisfied and so long as such institutions act in a manner which is consistent with the provisions of section 23-1-104, C.R.S.

              Source: L. 87: Entire part added, p. 1118, § 1, effective June 20. L. 91: Entire section amended, p. 800, § 2, effective July 1.

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TITLE 24 — PART 8 — LEASE-PURCHASE AGREEMENTS FOR ACQUISITION OF REAL OR PERSONAL PROPERTY

TITLE 24 — PART 8 — LEASE-PURCHASE AGREEMENTS FOR ACQUISITION OF REAL OR PERSONAL PROPERTY

24-82-801.  Lease-purchase agreements for acquisition of real or personal property - definition. (1) (a) (I)  Except as provided in subsection (6) of this section, and subject to the requirement set forth in subsection (1)(a)(II) of this section, no lease-purchase agreement for real property that requires total payments exceeding five hundred thousand dollars over the term of the agreement shall be entered into unless such agreement is specifically authorized, prior to its execution, by a bill enacted by the general assembly, other than the annual general appropriation act or a supplemental appropriation act.

             (II) (A)  Each bill enacted by the general assembly on or after August 8, 2018, as required in subsection (1)(a)(I) of this section, must include a requirement that the state agency or state institution of higher education entering into the lease-purchase agreement present a plan to the capital development committee, no later than the December of the fourteenth calendar year or the January of the fifteenth calendar year after either the date of the substantial completion of the construction or after the date of acquisition, that details how the state agency or state institution of higher education is prepared to fund the controlled maintenance needs of the real property so that at least an amount equal to an estimation of the sum of one percent of the insured value of the real property for each year starting with the sixteenth year after either the date of the substantial completion of the construction or after the date of acquisition is available for a total period of twenty-five years for the real property's controlled maintenance needs. The plan presented by the state agency or state institution of higher education may include a request for an additional lease-purchase agreement for such controlled maintenance needs or may include a request for partial or complete state funding of such controlled maintenance needs. The capital development committee shall review the plan presented by the state agency or state institution of higher education. Any approved plan shall be authorized by bill enacted by the general assembly, other than the annual general appropriation act or a supplemental appropriation act; except that if the approved plan is for a state institution of higher education to fund such controlled maintenance needs from cash funds then the plan may be approved by majority vote of the capital development committee.

            (B)  For purposes of this section, "controlled maintenance" has the same meaning as set forth in section 24-30-1301 (4); except that it may include any maintenance needs that would ordinarily be funded in a state agency's or state institution of higher education's operating budget. Also for purposes of this section, "insured value" means the insured value of the real property as determined through the risk management program established in part 15 of article 30 of this title 24.

            (b)  Except as provided in subsection (6) of this section, no lease-purchase agreement for personal property that requires total payments exceeding five hundred thousand dollars over the term of the agreement shall be entered into unless such agreement is specifically authorized, prior to its execution, by a bill enacted by the general assembly, other than the annual general appropriation act or a supplemental appropriation act, or specifically authorized by appropriation in the annual general appropriation act or a supplemental appropriation act.

            (c)  Subsequent to the general assembly's authorization of a lease-purchase agreement as specified in paragraphs (a) and (b) of this subsection (1), rentals and other payments by the state under any such lease-purchase agreement may be made from moneys appropriated by the general assembly as a separate line item in the capital construction or operating section of an annual general appropriation act or a supplemental appropriation act.

            (2)  Except as provided in subsection (6) of this section, lease-purchase agreements that require total payments of five hundred thousand dollars or less over the term of the agreement shall require an appropriation by the general assembly in an annual general appropriation act or a supplemental appropriation act.

            (3)  A lease-purchase agreement that requires total payments in excess of five hundred thousand dollars over the term of the agreement shall require, prior to its execution, approval by the state controller as authorized by section 24-30-202.

            (4)  As used in this section, "lease-purchase agreement" means a capital lease as defined in the generally accepted accounting principles issued by the governmental accounting standards board that the controller prescribes for the state as specified in section 24-30-202 (12).

            (5)  A lease-purchase agreement may further provide for the issuance, distribution, and sale of instruments evidencing rights to receive rentals and other payments made by the state, but only if the lease-purchase agreement includes a provision that payments made by the state are subject to annual appropriation. A lease-purchase agreement shall not include notes, bonds, or any other evidence of indebtedness of the state within the meaning of any provision of the constitution or laws of the state of Colorado concerning or limiting the creation of indebtedness by the state.

            (6) (a)  Notwithstanding any provision of this section to the contrary, the department of transportation, institutions of higher education, the Auraria higher education center established in article 70 of title 23, C.R.S., and the state treasurer may enter into lease-purchase agreements if the state controller as authorized by section 24-30-202 approves each lease-purchase agreement that requires total payments in excess of five hundred thousand dollars over the term of the agreement or as otherwise provided by law.

            (b)  Notwithstanding any provision of this section to the contrary, the legislative department may enter into lease-purchase agreements pursuant to section 2-2-320, C.R.S.

            (7)  Nothing in this section shall be construed to impair any contract or instrument in existence on July 1, 2009, if the contract was validly entered into or the instrument was validly issued under the law in effect at the time of entering into said contract or issuing said instrument.

            (8)  All lease-purchase agreements described in section 24-48.5-312 (3)(a)(II) shall include the terms specified in said section.

            Source: L. 90: Entire part added, p. 1286, § 1, effective April 9. L. 91: (4) amended, p. 1068, § 37, effective July 1. L. 93: Entire section amended, p. 2033, § 4, effective June 9. L. 2000: (4) amended, p. 1514, § 5, effective August 2. L. 2003: (2) amended, p. 1377, § 5, effective April 28. L. 2008: (4) amended, p. 1063, § 6, effective May 22. L. 2009: Entire section R&RE, (HB 09-1218), ch. 132, p. 572, § 6, effective July 1. L. 2010: (6) amended, (HB 10-1020), ch. 111, p. 370, § 3, effective April 15; (8) added, (SB 10-094), ch. 230, p. 993, § 3, effective August 11. L. 2012: (6)(a) amended, (HB 12-1081), ch. 210, p. 906, § 13, effective August 8. L. 2018: (1)(a) amended, (HB 18-1374), ch. 249, p. 1535, § 2, effective August 8.

            Cross references: (1)  For the legislative declaration contained in the 2003 act amending subsection (2), see section 1 of chapter 190, Session Laws of Colorado 2003.

            (2)  For the legislative declaration in the 2010 act adding subsection (8), see section 1 of chapter 230, Session Laws of Colorado 2010.

24-82-802.  Lease-purchase agreements for real property - definitions - lease-purchase rental cash fund. (1)  As used in this section, unless the context otherwise requires:

            (a) (I)  "Annual lease-purchase payment" means the total amount due from the state on property subject to a lease-purchase agreement and includes:

            (A)  The annual base rent scheduled to be paid and the additional rent estimated to be paid on or pursuant to the lease-purchase agreement and any ancillary agreements that may include, but need not be limited to, any of the following that are paid on a current basis and not paid by a lessor or other third party as part of a lease-purchase agreement: All acquisition costs, such as due diligence costs associated with evaluation of an existing building; land acquisition; penalties for breaking lease agreements; a capital reserve for space planning and capital improvements needed in the building for demolition and construction of tenant space for state agencies or the release to existing tenants; relocation costs; office furniture and equipment; insurance; and the costs associated with any lease-purchase financing; plus

            (B)  Operating and maintenance costs and a reserve for controlled maintenance costs.

            (II)  For the construction of a new building on land owned or leased by the state, the acquisition costs may also include the architectural and engineering design and engineering costs, site preparation, provisions for utilities and tap fees, and materials and construction costs.

            (b)  "Annual rent costs" means base rent typically found in the leased space line item in the annual general appropriation bill plus all operation, maintenance, and related costs paid to a lessor or other third party.

            (c)  "Department" means the department of personnel, created in section 24-1-128.

            (d)  "Executive director" means the executive director of the department of personnel.

            (e)  "Lease-purchase agreement" shall have the same definition as provided in section 24-82-801 (4).

            (2) (a)  Subject to the provisions of this section, the state treasurer, on behalf of the state of Colorado for the use of the department, is authorized to enter into one or more lease-purchase agreements for real and associated personal property existing or to be constructed pursuant to requirements of the state to be exclusively used, possessed, and managed by the department for state agencies and nonstate lessees of the department as the executive director may solely determine according to the plan approved pursuant to subsection (4) of this section and subject to the terms of the lease-purchase agreement.

            (b)  Subject to the provisions of section 2 of article XI of the state constitution, the state treasurer, for the use and benefit of the department, may enter into such lease-purchase agreements in conjunction with the state board of land commissioners, created pursuant to section 9 of article IX of the state constitution, or with a private person. The state treasurer shall transfer all benefits and responsibilities under the lease-purchase agreement to the department. The department shall manage the property for the state as the executive director may solely determine, subject to the terms of the lease-purchase agreement.

            (3)  The state treasurer shall enter into a lease-purchase agreement authorized pursuant to subsection (2) of this section on behalf of the state for the use and benefit of the department only if, at the time that the lease-purchase agreement is executed:

            (a)  The state agencies that will be located in the property that is the subject of the lease-purchase agreement are funded, in whole or in part, by appropriations and a portion of the appropriations are being expended to pay rent to a lessor;

            (b)  The projected annual rent costs of the state agencies that will be located in the property plus any current rental payments or rental payments projected to be received from nonstate lessees for each fiscal year during the maximum term of the lease-purchase agreement exceed the annual lease-purchase payment for the property, adjusted as appropriate to account for any differences in services provided to, or costs paid for the benefit of, the state under the related leases and lease-purchase agreements;

            (c)  The property or proposed construction plan for the property has been reviewed by the state architect who shall make written recommendations to the executive director for controlled maintenance needs during the term of the lease-purchase agreement;

            (d)  The plan for the lease-purchase transaction has been approved first by the office of state planning and budgeting and the capital development committee of the general assembly pursuant to subsection (4) of this section;

            (e)  The executive director acknowledges his or her approval of the terms of the lease-purchase agreements and any ancillary agreements;

            (f)  The agreements for the lease-purchase transaction accurately reflect the plan approved by the office of state planning and budgeting and the capital development committee; and

            (g)  The state controller has approved all agreements pursuant to section 24-30-202.

            (4)  Prior to the state treasurer entering into any lease-purchase agreement pursuant to this section, the executive director shall submit the report required by section 24-82-102 (1) and the plan for the lease-purchase transaction to the office of state planning and budgeting. If the office of state planning and budgeting approves the report and the plan, it shall submit the report and the plan to the capital development committee of the general assembly. The capital development committee shall approve the plan or refer its recommendations regarding the plan, with written comments, to the executive director and the office of state planning and budgeting.

            (5)  Approval of the plan by the office of state planning and budgeting shall not authorize the department to expend any moneys on the annual lease-purchase payment in any fiscal year in an amount greater than the projected annual rent costs of the state agencies plus any rental payments projected to be received from nonstate lessees for such fiscal year, adjusted as appropriate to account for any differences in services provided to, or costs paid for the benefit of, the state under the related leases and lease-purchase agreements.

            (6)  The state of Colorado, acting by and through the state treasurer, for the use and benefit of the department may, at the state treasurer's sole discretion, enter into one or more lease-purchase agreements authorized by subsection (2) of this section with any for-profit or nonprofit corporation, trust, or commercial bank as a trustee, as lessor.

            (7) (a)  A lease-purchase agreement authorized in subsection (2) of this section shall provide that all of the obligations of the state under the lease-purchase agreement shall be subject to the action of the general assembly in annually making moneys available for all payments thereunder. The lease-purchase agreement shall also provide that the obligations shall not be deemed or construed as creating an indebtedness of the state within the meaning of any provision of the state constitution or the laws of the state of Colorado concerning or limiting the creation of indebtedness by the state of Colorado and shall not constitute a multiple fiscal-year direct or indirect debt or other financial obligation of the state within the meaning of section 20 (4) of article X of the state constitution. In the event the state of Colorado does not renew a lease-purchase agreement authorized in subsection (2) of this section, the sole security available to the lessor shall be the property encumbered to secure the nonrenewed lease-purchase agreement or equivalent substitute collateral provided by the state.

            (b)  A lease-purchase agreement authorized in subsection (2) of this section may contain such terms, provisions, and conditions as the state treasurer, acting on behalf of the state of Colorado and for the use and benefit of the department, may deem appropriate, including all optional terms; except that a lease-purchase agreement:

            (I)  Shall not exceed in its term the shorter of the remaining useful life of the building or twenty-five years; and

            (II)  Shall specifically authorize the state of Colorado:

            (A)  To receive title to all real and personal property that is the subject of the lease-purchase agreement on or prior to the expiration of the terms of the lease-purchase agreement; and

            (B)  To reduce the term of the lease through prepayment of rental and other payments subject to the terms of the lease-purchase agreement and any ancillary agreement.

            (c)  A lease-purchase agreement authorized in subsection (2) of this section may provide for the issuance, distribution, and sale of instruments evidencing rights to receive rentals and other payments made and to be made under the lease-purchase agreement. The instruments shall not be notes, bonds, or any other evidence of indebtedness of the state within the meaning of any provision of the state constitution or the law of the state concerning or limiting the creation of indebtedness of the state and shall not constitute a multiple fiscal-year direct or indirect debt or other financial obligation of the state within the meaning of section 20 (4) of article X of the state constitution.

            (d)  Interest paid under a lease-purchase agreement authorized in subsection (2) of this section, including interest represented by the instruments, shall be exempt from Colorado income tax.

            (e)  The state of Colorado, acting through the state treasurer, for the use and benefit of the department, is authorized, if the executive director concurs, to enter into ancillary agreements and instruments as are deemed necessary or appropriate in connection with a lease-purchase agreement, including but not limited to ground leases, site leases, easements, or other instruments relating to the real property on which the facilities are located; except that no ancillary agreement is authorized that would cause the annual lease-purchase payment to exceed the annual rent costs appropriated to the state agencies prior to the lease-purchase agreement plus any rent projected to be received from nonstate lessees.

            (f)  A lease-purchase agreement authorized in subsection (2) of this section may require the state to provide insurance; except that no insurance is authorized that would cause the annual lease-purchase payment to exceed the annual rent costs of the state agencies prior to the lease-purchase agreement plus any rent projected to be received from nonstate lessees, adjusted as described in paragraph (b) of subsection (3) of this section. The insurance may be provided through the self-insured property fund created pursuant to section 24-30-1510.5.

            (8)  Any provision of the fiscal rules promulgated pursuant to section 24-30-202 (1) and (13) that the state controller deems to be incompatible or inapplicable with respect to said lease-purchase agreements or any such ancillary agreement may be waived by the controller or his or her designee.

            (9)  If a lease-purchase agreement authorized pursuant to subsection (2) of this section is executed, during the term of the lease-purchase agreement, moneys that at the time of the execution are appropriated to a state agency for rental payments in an amount equal to the annual lease-purchase payment, less any payments projected to be received from nonstate lessees pursuant to subsection (10) of this section, shall be transferred to the lease-purchase servicing account of the capital construction fund, created in section 24-75-302 (3.5), and, subject to annual appropriation, shall be used to pay the annual lease-purchase payments for the property that is the subject of the lease-purchase agreement or for operating, maintenance, and controlled maintenance costs for the property subject to the lease-purchase agreement. Moneys held in the lease-purchase servicing account shall be for the benefit of the department.

            (10) (a)  If the executive director determines that, in a property subject to a lease-purchase agreement authorized pursuant to subsection (2) of this section, there is space that is not needed by a state agency, the executive director, separately or in conjunction with the state board of land commissioners or another person, may:

            (I)  Hire a building manager to manage the space; or

            (II)  Subject to the approval of the office of state planning and budgeting, lease the space to any person on commercially reasonable terms.

            (b) (I)  Any moneys received by the executive director on behalf of nonstate lessees pursuant to paragraph (a) of this subsection (10) shall be transmitted to the state treasurer, who shall credit the same to the lease-purchase rental cash fund for the benefit of the department, which fund is hereby created and referred to in this section as the "fund". The moneys in the fund shall be subject to annual appropriation by the general assembly to the department of personnel and shall only be used for the annual lease-purchase payments for lease-purchase agreements authorized pursuant to subsection (2) of this section or for operating, maintenance, and controlled maintenance costs for the buildings subject to the lease-purchase agreements.

            (II)  Any moneys in the fund not expended for the purpose of this subsection (10) may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund.

             Source: L. 2010: Entire section added, (SB 10-166), ch. 185, p. 664, § 1, effective April 29.

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TITLE 24 — PART 9 — OUTDOOR LIGHTING FIXTURES

TITLE 24 — PART 9 — OUTDOOR LIGHTING FIXTURES

Cross references: For the legislative declaration contained in the 2001 act enacting this part 9, see section 1 of chapter 203, Session Laws of Colorado 2001.

24-82-901.  Definitions. As used in this part 9, unless the context otherwise requires:

             (1)  "Energy conservation" means reducing energy costs and resources used and includes using a light with lower wattage or a timer switch.

             (2)  "Full cutoff luminaire" means a luminaire that allows no direct light emissions above a horizontal plane through the luminaire's lowest light-emitting part.

             (3)  "Glare" means direct light emitting from a luminaire that causes reduced vision or momentary blindness.

             (4)  "Light pollution" means the night sky glow caused by the scattering of artificial light in the atmosphere.

             (5)  "Light trespass" means light emitted by a luminaire that shines beyond the boundaries of the property on which the luminaire is located.

             (6)  "Luminaire" means the complete lighting system, including the lamp and the fixture.

             (7) (a)  "Outdoor lighting fixture" means any type of fixed or movable lighting equipment that is designed or used for illumination outdoors and includes:

             (I)  Area lighting; and

             (II)  Billboard lighting, street lights, searchlights, and other lighting used for advertising purposes.

             (b)  "Outdoor lighting fixture" does not include lighting equipment that is required by law to be installed on motor vehicles or lighting required for the safe operation of aircraft or watercraft.

             (8)  "Special event or situation" includes, but is not limited to, sporting events and the illumination of monuments, historic structures, or flags.

             Source: L. 2001: Entire part added, p. 668, § 2, effective August 8.

24-82-902.  Outdoor lighting fixtures funded by the state - standards. (1)  On or after July 1, 2002, any new outdoor lighting fixture installed by or on behalf of the state using state funds shall meet at least the following requirements:

             (a)  For outdoor lighting fixtures with a rated output greater than three thousand two hundred lumens, the fixture is a full cutoff luminaire;

             (b)  The minimum illuminance adequate for the intended purpose is used with consideration given to recognized standards, including, but not limited to, recommended practices adopted by the illuminating engineering society of North America (IESNA);

             (c)  Full consideration has been given to costs, energy conservation, glare reduction, the minimization of light pollution, and the preservation of the natural night environment; and

             (d)  For purposes of lighting a designated highway in the state highway system, the department of transportation determines that the purpose of the outdoor lighting fixture cannot be achieved by the installation of reflective road markers, lines, warning or informational signs, or other effective methods that do not require the use of artificial light.

             (2)  The provisions of subsection (1) of this section shall not apply if:

             (a)  A federal law or regulation preempts state law;

             (b)  The outdoor lighting fixture is used on a temporary basis to provide illumination for emergency personnel in an emergency situation;

             (c)  The outdoor lighting fixture is used on a temporary basis for nighttime work;

             (d)  Additional illumination is required for a special event or situation; except that any additional illumination required for a special event or situation shall be installed so as to shield the outdoor lighting fixtures from direct view and to minimize upward lighting and light pollution;

             (e)  The outdoor lighting fixture is used solely to enhance the aesthetic beauty of an object; or

             (f)  A compelling safety interest exists that cannot be addressed by another method.

             (3)  The provisions of subsection (1) of this section shall serve only as guidelines for and shall not be binding on any state prison facility or any private contract prison in the state.

             Source: L. 2001: Entire part added, p. 668, § 2, effective August 8.

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TITLE 24 — PART 10 - 13 — LEASING

TITLE 24 — PART 10 — LEVERAGED LEASING

24-82-1001.  Legislative declaration - exclusion of proceeds of leveraged leasing agreements from fiscal year spending - voter approval not required. (1)  The general assembly hereby finds and declares that:

            (a)  Section 20 of article X of the state constitution limits state fiscal year spending.

            (b)  Section 20 (2)(e) of article X defines "fiscal year spending" to include all revenues and expenditures except those for refunds and those from certain sources, such as property sales.

            (c)  Monetary consideration paid to the state by a private person in connection with a leveraged leasing agreement constitutes revenues to the state from a property sale because the consideration is paid in exchange for a property interest in a qualified state asset and constitutes revenues from a property sale, and such revenues are therefore excluded from state fiscal year spending.

            (2)  The general assembly further finds and declares that:

            (a)  Section 20 of article X of the state constitution requires voter approval in advance for creation of any multiple-fiscal year financial obligation whatsoever without adequate present cash reserves pledged irrevocably and held for payments in all future fiscal years.

            (b)  The sublease of a qualified state capital asset from a private person to the state under a leveraged leasing agreement is a multiple-fiscal year financial obligation of the state under section 20 of article X of the state constitution, but the state may enter into a leveraged leasing agreement without voter approval in advance because a leveraged leasing agreement requires the state to deposit into a specified account adequate cash reserves pledged irrevocably for sublease payments in all future fiscal years.

            Source: L. 2003: Entire part added, p. 1717, § 1, effective May 14.

24-82-1002.  Definitions. As used in this part 10, unless the context otherwise requires:

            (1)  "Leveraged leasing agreement" means an agreement or a series of agreements between the state and a private person under which:

            (a)  In exchange for monetary consideration paid in a lump sum when the lease closes, the state leases a qualified state capital asset to a private person for a term of sufficient length to allow the private person to depreciate the asset for federal income tax purposes under the federal "Internal Revenue Code of 1986", as amended, or any successor provision thereto, and retains a right to cancel the lease in exchange for specified consideration;

            (b)  The private person subleases the qualified state capital asset back to the state pursuant to a sublease contract that:

            (I)  Is for a term shorter than the term of the lease;

            (II)  Gives the private person leasehold rights in the asset; and

            (III)  Requires an amount of the monetary consideration paid in a lump sum to the state when the lease closes that is adequate to meet all lease payments to be made by the state under the terms of the sublease contract to be deposited into a specified account established pursuant to the sublease contract as adequate cash reserves pledged irrevocably for sublease payments in all future fiscal years; and

            (c)  The state retains the right to the use of the qualified state capital asset for the duration of the term of the sublease.

            (2)  "Qualified state capital asset" or "asset" means qualified technological equipment as defined by section 168 (i)(2)(A) of the federal "Internal Revenue Code of 1986", as amended, or any successor provision thereto.

            Source: L. 2003: Entire part added, p. 1718, § 1, effective May 14. L. 2004: (2) amended, p. 1056, § 3, effective May 21.

24-82-1003.  Leveraged leasing. (1)  On and after May 14, 2003, the executive director of the department of personnel, with the approval of the director of the office of state planning and budgeting, may enter into leveraged leasing agreements on behalf of the state.

           (2)  The executive director of the department of personnel may retain attorneys, consultants, or financial professionals to the extent necessary to protect the interests of the state and to ensure the proper execution of a leveraged leasing agreement. The executive director shall use a competitive selection process approved by the director of the office of state planning and budgeting to select any attorneys, consultants, or financial professionals to be retained, but execution of such retention agreements shall not be governed by the "Procurement Code", articles 101 to 112 of this title. Any fees charged by any persons retained shall be paid only from the lump sum paid to the state in connection with the leveraged leasing agreement and shall not be paid from any other source.

            (3)  The state treasurer shall credit all monetary consideration paid in a lump sum to the state under the terms of a leveraged leasing agreement when the agreement closes that is not required to be deposited into a specified account established pursuant to a sublease contract as adequate cash reserves pledged irrevocably for sublease payments in all future fiscal years to the controlled maintenance trust fund created in section 24-75-302.5.

             Source: L. 2003: Entire part added, p. 1719, § 1, effective May 14. L. 2004: (1) amended, p. 1057, § 4, effective May 21.

24-82-1004.  Leased assets not subject to taxation. A qualified state capital asset that is the subject of a leveraged leasing agreement shall be treated for tax purposes as tax-exempt property owned by the state.

             Source: L. 2003: Entire part added, p. 1719, § 1, effective May 14.

24-82-1005.  Liability not created by leveraged leasing agreement - indemnification agreements. (1)  The lease of a qualified state capital asset by the state to a private person and the sublease of the asset back to the state by the private person pursuant to a leveraged leasing agreement shall not cause the private person to whom the qualified state capital asset is being leased to incur any liability in any type of action by virtue of the private person's status as a lessor under the leveraged leasing agreement.

            (2)  As part of a leveraged leasing agreement, the executive director of the department of personnel, with the approval of the director of the office of state planning and budgeting, may enter into an indemnity agreement with the private person to whom the qualified state capital asset is being leased.

             Source: L. 2003: Entire part added, p. 1719, § 1, effective May 14. L. 2004: Entire section amended, p. 1057, § 5, effective May 21.



TITLE 24 — PART 11 — SALES OF STATE PROPERTY AND LEASE-PURCHASE AGREEMENTS

24-82-1101 to 24-82-1103. (Repealed)

            Editor's note: (1)  Section 24-82-1103 provided for the repeal of this part 11, effective July 1, 2006, unless the executive director of the department of personnel entered into at least one property sale agreement pursuant to this part 11. No such contract had been entered into as of July 1, 2006. (See L. 2005, p. 1337.)

            (2)  This part 11 was added in 2003, repealed in 2004, recreated and reenacted in 2005, and repealed in 2006. This part 11 was not amended prior to its repeal in 2006. For the text of this part 11 prior to 2006, consult the 2005 Colorado Revised Statutes.



TITLE 24 — PART 12 — LEASES OF BUILDING PROJECTS

24-82-1201.  Definitions. As used in this part 12, unless the context otherwise requires:

            (1)  "Approved building project" means a capital construction project involving a lease that receives approval from the capital development committee and the joint budget committee pursuant to section 24-82-1202 (2).

            (2)  "Commission" means the Colorado commission on higher education established pursuant to section 23-1-102, C.R.S.

            (3)  "State department" means a department or agency of the state, but does not include the legislative department when acting pursuant to section 2-2-320 (2)(b), C.R.S.

            Source: L. 2005: Entire part added, p. 1333, § 1, effective June 3. L. 2010: (3) amended, (HB 10-1020), ch. 111, p. 370, § 4, effective April 15.

24-82-1202.  Leases of buildings. (1)  Subject to the provisions of this part 12, the executive director of a state department, or the governing board of an institution of higher education, is authorized to execute a lease agreement for up to thirty years for the rental of an approved building project.

            (2) (a)  Prior to executing a lease agreement authorized pursuant to this part 12, the executive director of the leasing state department shall submit a report to the office of state planning and budgeting on the proposed approved building project, including the proposed terms of the lease agreement, through the budgeting process established pursuant to section 24-37-304. If the office of state planning and budgeting approves the proposed approved building project and the lease, it shall make recommendations concerning the proposed approved building project and the lease to the capital development committee. If the capital development committee approves the proposed approved building project and the lease for the proposed approved building project, it shall make recommendations concerning the proposed approved building project and the lease to the joint budget committee. Following receipt of the recommendations, if the joint budget committee approves the proposed approved building project and the lease, it shall include any necessary moneys for the approved building project in its recommendations for the next long appropriations bill.

            (b)  Prior to executing a lease agreement authorized pursuant to this part 12, the governing board of a leasing institution of higher education shall submit a report to the Colorado commission on higher education on the proposed approved building project, including the proposed terms of the lease agreement, pursuant to the provisions of section 23-1-106, C.R.S. If the proposed approved building project does not require the approval of the capital development committee pursuant to section 23-1-106, C.R.S., the commission may approve the proposed approved building project and the lease. If the proposed approved building project is subject to the approval of the capital development committee pursuant to section 23-1-106, C.R.S., and if the commission approves the proposed approved building project and the lease, the commission shall make recommendations concerning the proposed approved building project and the lease to the capital development committee. If the capital development committee approves the proposed approved building project and the lease for the proposed approved building project, it shall make recommendations concerning the proposed approved building project and the lease to the joint budget committee. Following receipt of the recommendations, if the joint budget committee approves the proposed approved building project and the lease, it shall include any necessary moneys for the approved building project in its recommendations for the next general appropriation bill.

            Source: L. 2005: Entire part added, p. 1333, § 1, effective June 3.

24-82-1203.  Payment obligations subject to annual appropriation by the general assembly. Each lease agreement entered into pursuant to the provisions of this part 12 shall provide that all payment obligations of the state under the lease agreement are subject to annual appropriation by the general assembly and that the obligations shall not be deemed or construed as creating an indebtedness of the state within the meaning of any provision of the Colorado constitution or the laws of the state of Colorado concerning or limiting the creation of indebtedness by the state of Colorado.

            Source: L. 2005: Entire part added, p. 1334, § 1, effective June 3.

24-82-1204.  Terms and conditions of lease agreements. (1)  A lease agreement entered into pursuant to the provisions of this part 12 may contain such terms, provisions, and conditions as the executive director of the leasing state department or the governing board of the leasing institution may deem appropriate. Any lease agreement entered into pursuant to this part 12 shall comply with the requirements of section 24-82-801.

            (2)  As used in this section, "lease agreement" means a capital lease as defined in the generally accepted accounting principles issued by the governmental accounting standards board that the controller prescribes for the state as specified in section 24-30-202 (12).

            Source: L. 2005: Entire part added, p. 1335, § 1, effective June 3. L. 2009: Entire section amended, (HB 09-1218), ch. 132, p. 573, § 7, effective July 1.

24-82-1205.  Ancillary agreements. The executive director of a leasing state department or the governing board of the leasing institution may enter into or execute, or may negotiate with an officer of the state to enter into or execute, a deed, conveyance, escrow agreement, or other agreement or instrument that he or she or the board deems necessary or appropriate in connection with a lease agreement entered into pursuant to this part 12.

            Source: L. 2005: Entire part added, p. 1335, § 1, effective June 3.

24-82-1206.  Fiscal rules inapplicable - independent powers. (1)  The provisions of section 24-30-202 (5)(b) shall not apply to a lease agreement or ancillary agreement entered into pursuant to this part 12. Any provision of the fiscal rules promulgated pursuant to section 24-30-202 (1) or (13) which the controller deems to be incompatible with or inapplicable to a lease agreement entered into pursuant to this part 12 or ancillary agreement may be waived by the controller or his or her designee.

            (2)  The powers conferred by this part 12 are in addition to any other law, and the limitations imposed by any other law shall not affect the powers conferred by this part 12.

            Source: L. 2005: Entire part added, p. 1335, § 1, effective June 3.

24-82-1207.  Inapplicability of part 7. The provisions of part 7 of this article shall not apply to leases entered into pursuant to this part 12.

            Source: L. 2005: Entire part added, p. 1335, § 1, effective June 3.



TITLE 24 —​ PART 13 —​ LEASE-PURCHASE AGREEMENTS FOR STATE PROPERTY

Cross references:  For the legislative declaration in SB 17-267, see section 1 of chapter 267, Session Laws of Colorado 2017.

24-82-1301.  Legislative declaration. (1)  The general assembly hereby finds and declares that:

            (a)  Due to insufficient funding, necessary high-priority state highway projects and state capital construction projects, including projects at state institutions of higher education, in all areas of the state have been delayed, and the state has also delayed critical controlled maintenance and upkeep of state capital assets;

            (b)  By issuing lease-purchase agreements using state buildings as collateral as authorized by this part 13, the state can generate sufficient funds to accelerate the completion of many of the necessary high-priority state highway projects and capital construction projects that have been delayed and better maintain and preserve existing state capital assets;

            (c)  It is the intent of the general assembly that a majority of the additional funding for state capital construction projects realized from issuing lease-purchase agreements be used for controlled maintenance and upkeep of state capital assets.

            Source: L. 2017: Entire part added, (SB 17-267), ch. 267, p. 1442, § 12, effective May 30.

24-82-1302.  Definitions. As used in this part 13, unless the context otherwise requires:

            (1)  "Capital construction" has the same meaning as set forth in section 24-30-1301 (2).

            (2)  "Controlled maintenance" has the same meaning as set forth in section 24-30-1301 (4).

            (3)  "Eligible state facility" means any financially unencumbered building, structure, or facility that is owned by the state, including a building, structure, or facility determined to be eligible by a governing board of a state institution of higher education, and does not include any building, structure, or facility that is part of the state emergency reserve for any state fiscal year as designated in the annual general appropriation act.

            (4)  "State institution of higher education" means a state institution of higher education, as defined in section 23-18-102 (10), and the Auraria higher education center created in article 70 of title 23.

            Source: L. 2017: Entire part added, (SB 17-267), ch. 267, p. 1443, § 12, effective May 30.

24-82-1303.  Lease-purchase agreements for capital construction and transportation projects. (1) (a)  On or before December 31, 2017, the state architect, the director of the office of state planning and budgeting or his or her designee, and the state institutions of higher education shall identify and prepare a collaborative list of eligible state facilities that can be collateralized as part of the lease-purchase agreements for capital construction and transportation projects authorized in this part 13. The total current replacement value of the identified buildings must equal at least two billion dollars.

            (b)  This subsection (1) is repealed, effective upon proclamation by the governor. (See the editor's note following this section.)

            (2) (a)  [Editor's note:  This version of paragraph (a) is effective until a ballot issue is proclaimed by the governor. See the editor's note following this section.] Notwithstanding the provisions of sections 24-82-102 (1)(b) and 24-82-801, and pursuant to section 24-36-121, no sooner than July 1, 2018, the state, acting by and through the state treasurer, shall execute lease-purchase agreements, each for no more than twenty years of annual payments, for the projects described in subsection (4) of this section. The state shall execute the lease-purchase agreements only in accordance with the following schedule:

            (I)  During the 2018-19 state fiscal year, the state shall execute lease-purchase agreements in an amount up to five hundred million dollars;

            (II)  During the 2019-20 state fiscal year, the state shall execute lease-purchase agreements in an amount up to five hundred million dollars;

            (III)  During the 2020-21 state fiscal year, the state shall execute lease-purchase agreements in an amount up to five hundred million dollars; and

            (IV)  During the 2021-22 fiscal year, the state shall execute lease-purchase agreements in an amount up to five hundred million dollars.

            (2) (a)  [Editor's note:  This version of paragraph (a) takes effect only if a ballot issue is proclaimed by the governor. See the editor's note following this section.] Notwithstanding the provisions of sections 24-82-102 (1)(b) and 24-82-801, and pursuant to section 24-36-121, no sooner than July 1, 2018, the state, acting by and through the state treasurer, shall execute lease-purchase agreements, each for no more than twenty years of annual payments, for the projects described in subsection (4) of this section. The state shall execute the lease-purchase agreements during the 2018-19 state fiscal year in an amount up to five hundred million dollars.

            (b)  [Editor's note:  This version of paragraph (b) is effective until a ballot issue is proclaimed by the governor. See the editor's note following this section.] The anticipated annual state-funded payments for the principal and interest components of the amount payable under all lease-purchase agreements entered into pursuant to subsection (2)(a) of this section shall not exceed one hundred fifty million dollars.

            (b)  [Editor's note:  This version of paragraph (b) takes effect only if a ballot issue is proclaimed by the governor. See the editor's note following this section.] The anticipated annual state-funded payments for the principal and interest components of the amount payable under all lease-purchase agreements entered into pursuant to subsection (2)(a) of this section shall not exceed thirty-seven million five hundred thousand dollars.

            (c)  The state, acting by and through the state treasurer, at the state treasurer's sole discretion, may enter into one or more lease-purchase agreements authorized by subsection (2)(a) of this section with any for-profit or nonprofit corporation, trust, or commercial bank as a trustee as the lessor.

            (d)  Any lease-purchase agreement executed as required by subsection (2)(a) of this section shall provide that all of the obligations of the state under the agreement are subject to the action of the general assembly in annually making money available for all payments thereunder. Payments under any lease-purchase agreement must be made, subject to annual allocation pursuant to section 43-1-113 by the transportation commission created in section 43-1-106 (1) or subject to annual appropriation by the general assembly, as applicable, from the following sources of money:

            (I)  First, nine million dollars annually, or any lesser amount that is sufficient to make each full payment due, shall be paid from the general fund or any other legally available source of money for the purpose of fully funding the controlled maintenance and capital construction projects in the state to be funded with the proceeds of lease-purchase agreements as specified in subsection (4)(a) of this section;

            (II)  [Editor's note:  This version of subparagraph (II) is effective until a ballot issue is proclaimed by the governor. See the editor's note following this section.] Next, fifty million dollars annually, or any lesser amount that is sufficient to make each full payment due, shall be paid from any legally available money under the control of the transportation commission solely for the purpose of allowing the construction, supervision, and maintenance of state highways to be funded with the proceeds of lease-purchase agreements as specified in subsection (4)(b) of this section and section 43-4-206 (1)(b)(V); and

            (II) (A)  [Editor's note:  This version of subparagraph (II) takes effect only if a ballot issue is proclaimed by the governor. See the editor's note following this section.] Next, for state fiscal year 2018-19 only, twenty-eight million five hundred thousand dollars, or any lesser amount that is sufficient to make each full payment due, shall be paid from any legally available money under the control of the transportation commission solely for the purpose of allowing the construction, supervision, and maintenance of state highways to be funded with the proceeds of lease-purchase agreements as specified in subsection (4)(b) of this section and section 43-4-206 (1)(b)(V); or

            (B)  Next, for each succeeding state fiscal year for which a payment under any lease-purchase agreement must be made, ten million one hundred thousand dollars annually, or any lesser amount that is sufficient to make each full payment due, shall be paid from any legally available money under the control of the transportation commission solely for the purpose of allowing the construction, supervision, and maintenance of state highways to be funded with the proceeds of lease-purchase agreements as specified in subsection (4)(b) of this section and section 43-4-206 (1)(b)(V); and

            (III)  The remainder of the amount needed, in addition to the amounts specified in subsections (2)(d)(I) and (2)(d)(II) of this section, to make each full payment due shall be paid from the general fund or any other legally available source of money.

            (e)  Each agreement must also provide that the obligations of the state do not create state debt within the meaning of any provision of the state constitution or state law concerning or limiting the creation of state debt and are not a multiple fiscal-year direct or indirect debt or other financial obligation of the state within the meaning of section 20 (4) of article X of the state constitution. If the state does not renew a lease-purchase agreement executed as required by subsection (2)(a) of this section, the sole security available to the lessor is the property that is the subject of the nonrenewed lease-purchase agreement.

            (f)  A lease-purchase agreement executed as required by subsection (2)(a) of this section may contain such terms, provisions, and conditions as the state treasurer, acting on behalf of the state, deems appropriate, including all optional terms; except that each lease-purchase agreement must specifically authorize the state or the governing board of the applicable state institution of higher education to receive fee title to all real and personal property that is the subject of the lease-purchase agreement on or before the expiration of the terms of the agreement.

            (g)  Any lease-purchase agreement executed as required by subsection (2)(a) of this section may provide for the issuance, distribution, and sale of instruments evidencing rights to receive rentals and other payments made and to be made under the lease-purchase agreement. The instruments may be issued, distributed, or sold only by the lessor or any person designated by the lessor and not by the state. The instruments do not create a relationship between the purchasers of the instruments and the state or create any obligation on the part of the state to the purchasers. The instruments are not notes, bonds, or any other evidence of state debt within the meaning of any provision of the state constitution or state law concerning or limiting the creation of state debt and are not a multiple fiscal-year direct or indirect debt or other financial obligation of the state within the meaning of section 20 (4) of article X of the state constitution.

            (h)  Interest paid under a lease-purchase agreement authorized pursuant to subsection (2)(a) of this section, including interest represented by the instruments, is exempt from Colorado income tax.

            (i)  The state, acting by and through the state treasurer and the governing boards of the institutions of higher education, is authorized to enter into ancillary agreements and instruments that are necessary or appropriate in connection with a lease-purchase agreement, including but not limited to deeds, ground leases, sub-leases, easements, or other instruments relating to the real property on which the facilities are located.

            (j)  The provisions of section 24-30-202 (5)(b) do not apply to a lease-purchase agreement executed as required by or to any ancillary agreement or instrument entered into pursuant to this subsection (2). The state controller or his or her designee shall waive any provision of the fiscal rules promulgated pursuant to section 24-30-202 (1) and (13) that the state controller finds incompatible or inapplicable with respect to a lease-purchase agreement or an ancillary agreement or instrument.

            (3) (a)  Before executing a lease-purchase agreement required by subsection (2)(a) of this section, in order to protect against future interest rate increases, the state, acting by and through the state treasurer and at the discretion of the state treasurer, may enter into an interest rate exchange agreement pursuant to article 59.3 of title 11. A lease-purchase agreement executed as required by subsection (2)(a) of this section is a proposed public security for the purposes of article 59.3 of title 11. Any payments made by the state under an agreement entered into pursuant to this subsection (3) must be made solely from money made available to the state treasurer from the execution of a lease-purchase agreement or from money described in subsections (2)(d)(I) and (2)(d)(II) of this section.

            (b)  Any agreement entered into pursuant to this subsection (3) must also provide that the obligations of the state do not create state debt within the meaning of any provision of the state constitution or state law concerning or limiting the creation of state debt and are not a multiple fiscal-year direct or indirect debt or other financial obligation of the state within the meaning of section 20 (4) of article X of the state constitution.

            (c)  Any money received by the state under an agreement entered into pursuant to this subsection (3) shall be used to make payments on lease-purchase agreements entered into pursuant to subsection (2) of this section or to pay the costs of the project for which a lease-purchase agreement was executed.

            (4)  Proceeds of lease-purchase agreements executed as required by subsection (2)(a) of this section shall be used as follows:

            (a) (I)  The first one hundred twenty million dollars of the proceeds of lease-purchase agreements issued during the 2018-19 state fiscal year shall be used for controlled maintenance and capital construction projects in the state as follows:

            (A)  Thirteen million six thousand eighty-one dollars for level I controlled maintenance;

            (B)  Sixty million six hundred thirty-seven thousand three hundred five dollars for level II controlled maintenance;

            (C)  Forty million two hundred nine thousand five hundred thirty-five dollars for level III controlled maintenance; and

            (D)  The remainder for capital construction projects as prioritized by the capital development committee.

            (II)  The capital development committee shall post the list of specific controlled maintenance projects and the cost of each project funded pursuant to subsection (4)(a)(I)(A), (4)(a)(I)(B), or (4)(a)(I)(C) of this section on its official website no later than May 11, 2017.

            (b)  The remainder of the proceeds shall be credited to the state highway fund created in section 43-1-219 and used by the department of transportation in accordance with section 43-4-206 (1)(b)(V).

             Source: L. 2017: Entire part added, (SB 17-267), ch. 267, p. 1443, § 12, effective May 30. L. 2018: (1) repealed and (2)(a), (2)(b), and (2)(d)(II) amended, (SB 18-001), ch. 353, p. 2097, § 3, effective (see editor's note); (1)(b) added by revision, (SB 18-001), ch. 353, pp. 2097, 2109, §§ 3, 13.

             Editor's note: (1)  Section 13 of chapter 353 (SB 18-001), Session Laws of Colorado 2018, provides that the act changing this section takes effect only if either:

             (a)  A citizen-initiated ballot issue that authorizes the state to issue transportation revenue anticipation notes but does not authorize the state to collect additional tax revenue for the purpose of providing a revenue source for repayment of the notes is submitted to the registered electors of the state for their approval or rejection at the November 2018 general election and a majority of the electors voting on the ballot issue vote "Yes/For", and, in such case, takes effect on the date of the official declaration of the vote thereon by the governor; or

             (b)  A ballot issue that authorizes the state to issue transportation revenue anticipation notes is submitted to the registered electors of the state for their approval or rejection at the November 2019 statewide election pursuant to section 43-4-705 (13)(b) and a majority of the electors voting on the ballot issue vote "Yes/For", and, in such case, takes effect on the date of the official declaration of the vote thereon by the governor.

              Cross references: For the legislative declaration in SB 18-001, see section 1 of chapter 353, Session Laws of Colorado 2018.

TITLE 24 — ARTICLE 83 — STATE ASSISTANCE — DENVER CONVENTION CENTER

TITLE 24 — ARTICLE 83 — ASSISTANCE — DENVER CONVENTION CENTER

24-83-101.  Legislative declaration. (1)  The general assembly hereby finds, determines, and declares that:

             (a)  The location, construction, operation, and maintenance of a convention center within the boundaries of the city and county of Denver affects and impacts the people of all areas of this state;

             (b)  The location, construction, operation, and maintenance of a convention center within the boundaries of the city and county of Denver will promote diversified economic development across this state;

             (c)  The location, construction, operation, and maintenance of a convention center within the boundaries of the city and county of Denver with statewide impact is a matter of statewide concern;

             (d)  Cooperation by the state and the city and county of Denver in the location, construction, operation, and maintenance of such convention center with statewide impact will serve a public use and will promote the health, safety, security, and general welfare of the people of the state of Colorado;

             (e)  In consideration of the statewide impact, the convention center should be named "the Colorado convention center".

              Source: L. 87: Entire article added, p. 1120, § 1, effective June 25.

24-83-102.  State assistance for payment of obligations. (1)  In 1987, the general assembly authorized state assistance to the city and county of Denver in connection with land acquisition for the proposed Denver convention center, in accordance with the provisions of this article.

             (2)  A contract, referred to in this article as the "contract", to accomplish the provisions of this article was required to be and was negotiated between the city and county of Denver and the state of Colorado, acting through the department of personnel. The contract was required to contain as a minimum the requirements of this article which relate to the mutual obligations of the city and county of Denver and of the state, and the provisions of this article which relate to the obligations that continue after the completion of the state's payment obligations shall continue to be contained in a contract between the city and county of Denver and the state.

             (3)  The contract provides that the state was obligated to pay six million dollars to the city and county of Denver on July 1, 1988, and on July 1 of each year thereafter through July 1, 1993. The total of such payments was thirty-six million dollars.

             (4)  The contract provides that amounts paid to the city and county of Denver pursuant to subsection (3) of this section were required to be applied for the payment of the obligations of the city and county in connection with its acquisition of land as the site for the proposed Denver convention center.

             (5) and (6)  (Deleted by amendment, L. 94, p. 497, § 1, effective March 31, 1994.)

             Source: L. 87: Entire article added, p. 1121, § 1, effective June 25. L. 94: Entire section amended, p. 497, § 1, effective March 31. L. 95: (2) amended, p. 660, § 88, effective July 1.

             Cross references: For the legislative declaration contained in the 1995 act amending subsection (2), see section 112 of chapter 167, Session Laws of Colorado 1995.

24-83-103.  Proposal selection - criteria - committee created - timetable. (Repealed)

             Source: L. 87: Entire article added, p. 1121, § 1, effective June 25. L. 94: Entire section repealed, p. 498, § 2, effective March 31.

24-83-104.  Source of state payments - state executive committee. (Repealed)

             Source: L. 87: Entire article added, p. 1123, § 1, effective June 25. L. 93: (1) amended, p. 2030, § 5, effective June 9. L. 94: Entire section repealed, p. 499, § 3, effective March 31.

24-83-105.  Other contractual provisions. (1)  The contract shall include the following provisions:

             (a)  Since the question of residency requirements as a condition of employment at a convention center facility constructed on land acquired with state assistance is a matter of statewide concern, a provision that no charter provision to require residency in the city and county of Denver shall be imposed or enforced at the convention center;

             (b)  Provisions by which the city and county of Denver agrees to make suitable display space, as defined by rules and regulations promulgated by the executive director of the department of personnel, available in the convention center on a time-share basis to counties, municipalities, and state agencies and private nonprofit or commercial organizations whose purpose is the promotion of tourism and of Colorado businesses and products, in order that the entire state may share in the advertising opportunities provided by the convention center. The contract shall also include provisions which assure that appropriate space will be made available for the promotion of tourism, education, business, and agricultural efforts and activities outside the metropolitan area. Entities using the display space shall make their own determination as to whether union or nonunion labor or volunteers shall setup, service, or dismantle any displays; except that entities using the display space shall conform to any contracts executed before June 1, 1991.

             Source: L. 87: Entire article added, p. 1123, § 1, effective June 25. L. 91: (1)(b) amended, p. 915, § 1, effective June 1. L. 95: (1)(b) amended, p. 661, § 89, effective July 1.

             Cross references: For the legislative declaration contained in the 1995 act amending subsection (1)(b), see section 112 of chapter 167, Session Laws of Colorado 1995.

24-83-106.  Department of personnel - authority to manage space. (1)  The department shall establish a graduated fee schedule for the use of the display space in the convention center in a manner which will enable a wide variety of organizations to use the display space and which takes into account the different types, sizes, and financial ability of such organizations; except that no fees shall be assessed against any counties, municipalities, or state agencies for the use of such display space. The department shall collect only such fees as are necessary to pay for the expenses of the department which are not covered by other moneys available to the department. The revenue from such fees shall be credited to the convention center fund, which fund is hereby created. In addition to fees, the department is authorized to accept any other moneys available to the department for the purpose of utilizing the display space, which other moneys shall include, but shall not be limited to, donations by public or private entities, loans from the state treasury, or other gifts, grants, or loans. Such moneys shall be credited to the convention center fund. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund.

             (2)  All moneys in the convention center fund shall be subject to annual appropriation by the general assembly to the department and shall only be used for the purchase of equipment, the production of programs, the costs of managing, scheduling, and promoting the display space, and any other reasonable and necessary expenses related to the utilization of such display space or any other duties of the department pursuant to this section.

             (3)  The executive director of the department may contract with any public or private entity to manage, schedule, or promote the display space.

             Source: L. 91: Entire section added, p. 915, § 2, effective June 1. L. 2000: (1) amended, p. 1514, § 6, effective August 2.

TITLE 24 — ARTICLE 91 - 93 — CONSTRUCTION

TITLE 24 — ARTICLE 91 — CONSTRUCTION CONTRACTS WITH PUBLIC ENTITIES

 24-91-101.  Legislative declaration. (1)  The general assembly hereby declares that retentions in and delays in the completion of construction contracts with public entities are a matter of statewide concern and are affected with the public interest and that the provisions of this article are enacted in the exercise of the police power of this state for the purpose of protecting the health, peace, safety, and welfare of the people of this state.

            (2)  The general assembly hereby further finds and declares that the construction industry is a significant component of the state's economy; that there is a substantial statewide interest in fostering the growth and stability of the construction industry and ensuring that it remains economically viable; that the ability of construction and design enterprises to obtain and satisfactorily perform projects at all levels of government affects the construction industry as a whole; that clauses in public construction contracts which provide that public entities shall not be required to compensate contractors for delays in the completion of the work caused by the public entity are adhesive in nature and, if enforced, can have ruinous financial consequences on affected contractors due to risks over which the contractor may have no control; that public construction projects are subject to public appropriation laws which may be in direct conflict with commonly used construction contract clauses such as clauses which authorize additional payment to the contractor based on changed conditions; and that there is a substantial statewide interest in ensuring that the policy underlying the efficient expenditure of public moneys is balanced with the policy of fostering a healthy and viable construction industry.

            Source: L. 79: Entire article added, p. 995, § 1, effective July 1. L. 89: Entire section amended, p. 1142, § 1, effective April 10. L. 92: Entire section amended, p. 1086, § 1, effective July 1.

24-91-102.  Definitions. As used in this article, unless the context otherwise requires:

            (1)  "Acceptable securities" means:

            (a)  United States bonds, United States treasury notes, or United States treasury bills;

            (b)  General obligation or revenue bonds of this state;

            (c)  General obligation or revenue bonds of any political subdivision of this state;

            (d)  Certificates of deposit from a state or national bank or a savings and loan association insured by the federal deposit insurance corporation or its successor and having its principal office in this state.

            (1.5)  "Construction" includes the terms capital construction, capital renewal, and controlled maintenance as defined in section 24-30-1301.

            (2)  "Contractor" means any person, company, firm, or corporation which is a party to a contract with a public entity to construct, erect, alter, install, or repair any highway, public building, public work, or public improvement, structure, or system.

            (3)  "Public entity" means this state or a county, city, city and county, town, or district, including any political subdivision thereof.

            (4)  "Subcontractor" means and includes any person, company, firm, or corporation which is a party to a contract with a contractor to construct, erect, alter, install, or repair any highway, public building, public work, or public improvement, structure, or system and which, in connection therewith, furnishes and performs on-site labor with or without furnishing materials.

            (5)  "Substantial completion" means the date when the construction is sufficiently complete, in accordance with the contract documents, as modified by any change orders agreed to by the parties, so that the work or designated portion thereof is available for use by the owner.

            Source: L. 79: Entire article added, p. 995, § 1, effective July 1. L. 84: (1)(d) amended, p. 741, § 1, effective February 23. L. 86: (1)(d) amended, p. 971, § 1, effective July 1. L. 2004: (1)(d) amended, p. 155, § 70, effective July 1. L. 2014: (1.5) added, (HB 14-1387), ch. 378, p. 1851, § 57, effective June 6.

            Cross references: For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.

24-91-103.  Public entity - contracts - partial payments. (1) (a)  A public entity awarding a contract exceeding one hundred fifty thousand dollars for the construction, alteration, or repair of any highway, public building, public work, or public improvement, structure, or system, including real property as defined in section 24-30-1301 (15), shall authorize partial payments of the amount due under such contract at the end of each calendar month, or as soon thereafter as practicable, to the contractor, if the contractor is satisfactorily performing the contract. The public entity shall pay at least ninety-five percent of the calculated value of completed work. The withheld percentage of the contract price of any contracted work, improvement, or construction may be retained until the contract is completed satisfactorily and finally accepted by the public entity.

            (b)  The public entity shall make a final settlement in accordance with section 38-26-107, C.R.S., within sixty days after the contract is completed satisfactorily and finally accepted by the public entity.

            (c)  If the public entity finds that satisfactory progress is being made in any phase of the contract, it may, upon written request by the contractor, authorize final payment from the withheld percentage to the contractor or subcontractors who have completed their work in a manner finally acceptable to the public entity. Before the payment is made, the public entity shall determine that satisfactory and substantial reasons exist for the payment and shall require written approval from any surety furnishing bonds for the contract work.

            (2)  Whenever a contractor receives payment pursuant to this section, the contractor shall make payments to each of his subcontractors of any amounts actually received which were included in the contractor's request for payment to the public entity for such subcontracts. The contractor shall make such payments within seven calendar days of receipt of payment from the public entity in the same manner as the public entity is required to pay the contractor under this section if the subcontractor is satisfactorily performing under his contract with the contractor. The subcontractor shall pay all suppliers, sub-subcontractors, laborers, and any other persons who provide goods, materials, labor, or equipment to the subcontractor any amounts actually received which were included in the subcontractor's request for payment to the contractor for such persons, in the same manner set forth in this subsection (2) regarding payments by the contractor to the subcontractor. If the subcontractor fails to make such payments in the required manner, the subcontractor shall pay said suppliers, sub-subcontractors, and laborers interest in the same manner set forth in this subsection (2) regarding payments by the contractor to the subcontractor. At the time the subcontractor submits a request for payment to the contractor, the subcontractor shall also submit to the contractor a list of the subcontractor's suppliers, sub-subcontractors, and laborers. The contractor shall be relieved of the requirements of this subsection (2) regarding payment in seven days and interest payment until the subcontractor submits such list. If the contractor fails to make timely payments to the subcontractor as required by this section, the contractor shall pay the subcontractor interest as specified by contract or at the rate of fifteen percent per annum whichever is higher, on the amount of the payment which was not made in a timely manner. The interest shall accrue for the period from the required payment date to the date on which payment is made. Nothing in this subsection (2) shall be construed to affect the retention provisions of any contract.

            (3)  (Deleted by amendment, L. 2011, (HB 11-1115), ch. 211, p. 912, § 2, effective August 10, 2011.)

            Source: L. 79: Entire article added, p. 996, § 1, effective July 1. L. 91: Entire section amended, p. 904, § 1, effective July 1. L. 2004: (1) amended, p. 227, § 1, effective August 4. L. 2011: (1) and (3) amended, (HB 11-1115), ch. 211, p. 912, § 2, effective August 10. L. 2014: (1)(a) amended, (HB 14-1387), ch. 378, p. 1851, § 58, effective June 6.

            Cross references: (1)  For the legislative declaration in the 2011 act amending subsections (1) and (3), see section 1 of chapter 211, Session Laws of Colorado 2011.

            (2)  For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.

24-91-103.5.  Public entity - contracts - delay clauses - definition. (1) (a)  Any clause in a public works contract that purports to waive, release, or extinguish the rights of a contractor to recover costs or damages, or obtain an equitable adjustment, for delays in performing such contract, if such delay is caused in whole, or in part, by acts or omissions within the control of the contracting public entity or persons acting on behalf thereof, is against public policy and is void and unenforceable.

            (b)  As used in this subsection (1), "public works contract" means a contract of the state, county, city and county, city, town, school district, special district, or any other political subdivision of the state for the construction, alteration, repair, or maintenance of any building, structure, highway, bridge, viaduct, pipeline, public works, real property as defined in section 24-30-1301 (15), or any other work dealing with construction, which includes, but need not be limited to, moving, demolition, or excavation performed in conjunction with such work.

            (2)  Subsection (1) of this section is not intended to render void any contract provision of a public works contract that:

            (a)  Precludes a contractor from recovering that portion of delay costs caused by the acts or omissions of the contractor or its agents;

            (b)  Requires notice of any delay by the party responsible for such delay;

            (c)  Provides for reasonable liquidated damages;

            (d)  Provides for arbitration or any other procedure designed to settle contract disputes.

            Source: L. 89: Entire section added, p. 1142, § 2, effective April 10. L. 2014: (1)(b) amended, (HB 14-1387), ch. 378, p. 1851, § 59, effective June 6.

            Cross references: For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.

24-91-103.6.  Public entity - contracts - appropriations - contract modifications - severability - definition. (1)  No public entity shall contract with a designer, a contractor, or a designer and contractor for the construction, the design, or both the construction and design of a public works project unless a full and lawful appropriation when required by statute, charter, ordinance, resolution, or rule or regulation has been made for such project.

            (2)  Every public works contract, as defined in section 24-91-103.5 (1)(b), shall contain the following:

            (a)  A statement that the amount of money appropriated is equal to or in excess of the contract amount;

            (b)  A clause that prohibits the issuance of any contract modification, as defined in section 24-101-301 (10), or other form of modification or directive by the public entity requiring additional compensable work to be performed, which work causes the aggregate amount payable under the contract to exceed the amount appropriated for the original contract, unless the contractor is given written assurance by the public entity that lawful appropriations to cover the costs of the additional work have been made and the appropriations are available prior to performance of the additional work or unless such work is covered under a remedy-granting provision in the contract; and

            (c)  For any form of modification or directive by the public entity requiring additional compensable work to be performed, a clause that requires the public entity to reimburse the contractor for the contractor's costs on a periodic basis, as those terms are defined in the contract, for all additional directed work performed until a contract modification is finalized. In no instance shall the periodic reimbursement be required before the contractor has submitted an estimate of cost to the public entity for the additional compensable work to be performed. Notwithstanding the provisions of this subsection (2)(c), state public works contracts shall be subject to the provisions of section 24-30-202.

            (3)  If the requirements of subsection (1) or (2) of this section are not met, a civil action may be maintained against the public entity which has contracted for the public works project to recover sums due under the contract notwithstanding any appropriation statute, ordinance, resolution, or law to the contrary.

            (4)  In the event that a good faith dispute arises between a public entity and a contractor concerning the contractor's right to receive additional compensation under a remedy-granting provision of the public works contract, it shall not be a defense to a civil action for payment for such claim that no moneys have been appropriated for such claimed amounts, so long as the contractor has complied with all provisions of the contract applicable to the dispute, including but not limited to contract modification and additional work clauses, and has submitted to the public entity a statement sworn to under penalty of perjury which sets forth: The amount of additional compensation to which the contractor contends that it is entitled; that claim-supporting data which is accurate and complete to the best of the contractor's knowledge and belief have been submitted; and that the amount requested accurately reflects what is owed by the public entity. As used in this subsection (4), "remedy-granting provision" means any contract clause which permits additional compensation in the event that a specific contingency or event occurs. Such term shall include, but shall not be limited to, change clauses, differing site conditions clauses, variation in quantities clauses, and termination for convenience clauses.

            (5)  If a final judgment is entered pursuant to a civil action brought by a contractor for which adequate appropriations have not been made, the judgment debtor public entity shall promptly make payment pursuant to section 13-60-101, 24-10-113, 24-10-113.5, or 30-25-104, C.R.S., and any other statutory requirement on payment of judgments.

            (6)  Any provision of this section which is in conflict with the terms of any federal grant shall be inapplicable to a contract between a contractor and a public entity which is funded in whole or in part by that grant.

            (7)  Nothing in this section shall prohibit:

            (a)  The use of phased construction over a period of years where, if applicable, the public entity has informed the contractor of initial annual appropriations at the time the contract is signed, and subsequent annual appropriations as they occur, in statements issued pursuant to subsection (2) of this section; or

            (b)  The use of bond-financed construction where appropriations to service bond debt may occur subsequent to the commencement of construction, where this fact is clearly stated in disclosure statements made pursuant to subsection (2) of this section.

            (8)  The provisions of this section shall apply to any contract executed on or after July 1, 1992.

            (9)  If any provision of this section or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this section that can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.

            Source: L. 92: Entire section added, p. 1087, § 2, effective July 1. L. 2010: (2) amended, (SB 10-116), ch. 53, p. 198, § 1, effective August 11. L. 2011: (2)(b) amended, (HB 11-1202), ch. 37, p. 101, § 2, effective August 10. L. 2017: (2)(b), (2)(c), and (4) amended, (HB 17-1051), ch. 99, p. 351, § 67, effective August 9.

            Cross references: For the legislative declaration in the 2011 act amending subsection (2)(b), see section 1 of chapter 37, Session Laws of Colorado 2011.

24-91-104.  Contract - completion by public entity - partial payments. If it becomes necessary for a public entity to take over the completion of any contract, all of the amounts owing the contractor, including the withheld percentage, shall be applied: First, toward the cost of completion of the contract; second, toward performance of the public entity's withholding requirement set forth in section 38-26-107, C.R.S.; third, to the surety furnishing bonds for the contract work, to the extent such surety has incurred liability or expense in completing the contract work or made payments pursuant to section 38-26-106, C.R.S.; then, to the contractor. Such retained percentage as may be due any contractor shall be due and payable at the expiration of thirty days from the date of final acceptance by the public entity of the contract work.

            Source: L. 79: Entire article added, p. 996, § 1, effective July 1. L. 86: Entire section amended, p. 971, § 2, effective July 1.

24-91-105.  Withdrawal by contractor of sums withheld - security deposit required. The contractor under any contract exceeding one hundred fifty thousand dollars made or awarded by any public entity, pursuant to which sums are withheld to assure satisfactory performance of the contract, may withdraw the whole or any portion of the said sums withheld if the contractor deposits acceptable securities with the public entity. The contractor shall take such actions as the public entity may require to transfer the securities or a limited interest in the securities, including a security interest, and to authorize the public entity to negotiate the acceptable securities and to receive the payments due the public entity pursuant to law or the terms of the contract, and, to the extent there are excess funds resulting from said negotiation, the balance shall be returned to the contractor. Such acceptable securities so deposited at all times shall have a market value at least equal in value to the amount so withdrawn. If at any time a public entity determines that the market value of the acceptable securities theretofore deposited has fallen below the amount so withdrawn, the public entity shall give notice thereof to the contractor, who forthwith shall deposit additional acceptable securities in an amount sufficient to reestablish a total deposit of securities equal in value to the amount so withdrawn.

            Source: L. 79: Entire article added, p. 996, § 1, effective July 1. L. 86: Entire section amended, p. 972, § 3, effective July 1. L. 2004: Entire section amended, p. 227, § 2, effective August 4.

24-91-106.  Escrow agreement - authority to enter into - effect on acceptable securities. (1)  A public entity and the contractor may enter into an escrow contract or escrow contract and security agreement with any national bank, state bank, trust company, or savings and loan association located in this state and designated by mutual agreement of the public entity and the contractor, after notice to the surety, to provide as escrow agent for the custodial care and servicing of any acceptable securities deposited with him pursuant to this section. Such services shall include the safekeeping of the acceptable securities and the rendering of all services required to effectuate the purposes of this section and section 38-26-107, C.R.S.

            (2)  Any acceptable securities deposited with an escrow agent pursuant to this section shall be deemed to be in the possession of the public entity, and the public entity shall be deemed to have a perfected security interest in the acceptable securities for purposes of article 8 or 9 of title 4, C.R.S.

            (3)  The deposit of acceptable securities with a state or national bank, or a state or federal savings and loan association, shall not be deemed a holding of public deposits for purposes of article 10.5 or 47 of title 11, C.R.S.

            Source: L. 79: Entire article added, p. 997, § 1, effective July 1. L. 86: Entire section amended, p. 972, § 4, effective July 1. L. 96: (2) amended, p. 246, § 24, effective July 1.

24-91-107.  Custodian for acceptable securities - collection of interest income - payable to contractor. The public entity or any national bank, state bank, trust company, or savings and loan association located in this state and designated by mutual agreement of the public entity and the contractor to serve as custodian for the acceptable securities pursuant to section 24-91-106 shall collect all interest and income when due on the acceptable securities so deposited and shall pay them, when and as collected, to the contractor who deposited the acceptable securities. If the deposit is in the form of coupon bonds, the escrow agent shall deliver each coupon, as it matures, to the contractor. Any expense incurred for this service shall not be charged to the public entity.

            Source: L. 79: Entire article added, p. 997, § 1, effective July 1. L. 86: Entire section amended, p. 972, § 5, effective July 1.

24-91-108.  Retained payments - amount deducted by a public entity. Any amount deducted by a public entity, pursuant to law or the terms of a contract, from the retained payments otherwise due to the contractor thereunder shall be deducted first from that portion of the retained payments for which no acceptable securities have been substituted and then from the proceeds of any deposited acceptable securities, in which case, the contractor shall be entitled to receive the interest, coupons, or income only from those acceptable securities which remain on deposit after such amount has been deducted.

             Source: L. 79: Entire article added, p. 997, § 1, effective July 1. L. 86: Entire section amended, p. 973, § 6, effective July 1.

24-91-109.  Retained payments - disbursement. All retained payments and interest thereon disbursed to any contractor under any contract with a public entity covered under this article shall be disbursed to each subcontractor by the contractor. The disbursement of such retained payments and interest shall be in proportion to the respective amounts of retained payments, if any, which the contractor theretofore has withheld from his subcontractors if the subcontractor has performed under his contract with the contractor.

             Source: L. 79: Entire article added, p. 997, § 1, effective July 1.

24-91-110.  Contracts excepted from article. The provisions of this article shall not apply in the case of a contract made or awarded by any public entity if a part of the contract price is to be paid with funds from the federal government or from some other source and if the federal government or such other source has requirements concerning retention or payment of funds which are applicable to the contract and which are inconsistent with this article.

             Source: L. 79: Entire article added, p. 998, § 1, effective July 1.



TITLE 24 — ARTICLE 92 — CONSTRUCTION BIDDING FOR PUBLIC PROJECTS

24-92-101.  Short title. 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.


24-92-102.  Definitions. As used in this article, 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 discretion.

            (2)  "Construction contract" or "contract" means any agreement for building, altering, repairing, improving, or demolishing any public project of any kind. For the purposes of this article, the terms include capital construction, capital renewal, and controlled maintenance, as defined in section 24-30-1301.

            (3)  "Cost" means the total cost of labor, materials, provisions, supplies, equipment rentals, equipment purchases, insurance, supervision, engineering, clerical, and accounting services, the value of the use of equipment, including its replacement value, owned by a state agency, and reasonable estimates of other administrative costs not otherwise directly attributable to the public project which may be reasonably apportioned to such project in accordance with generally accepted cost accounting principles and standards.

            (4)  "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 article.

            (5)  "Invitation for bids" means all documents, whether attached or incorporated by reference, utilized for soliciting bids.

            (6)  "Low responsible bidder" means any contractor who has bid in compliance with the invitation to bid and within the requirements of the plans and specifications for a public project, who is the low bidder, and who has furnished bonds or their equivalent as required by law.

            (7)  "Project description" means the words used in a solicitation to describe the construction to be performed, and includes specifications attached to, or made a part of, the solicitation.

            (8) (a)  "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 maintenance programs for the upkeep of such projects.

            (b)  Except as provided in paragraph (c) of this subsection (8), "public project" does not include any project for which appropriation or expenditure of moneys may be reasonably expected not to exceed five hundred thousand dollars in the aggregate for any fiscal year. Nothing in this paragraph (b) shall affect the requirements for the delivery of bonds or security pursuant to sections 24-105-202, 38-26-105, and 38-26-106, C.R.S.

            (c)  "Public project" does not include any project under the supervision of the department of transportation for which appropriation or expenditure of funds may be reasonably expected not to exceed one hundred fifty thousand dollars in the aggregate of any fiscal year.

            (9)  "Responsible officer" means the person having overall contract administration responsibility for an agency of government.

            Source: L. 81: Entire article added, p. 1254, § 1, effective July 1. L. 98: (8) amended, p. 1042, § 1, effective August 5. L. 2001: (8)(b) amended, p. 214, § 1, effective August 8. L. 2010: (8)(b) amended, (HB 10-1181), ch. 351, p. 1628, § 22, effective June 7. L. 2014: (2) amended, (HB 14-1387), ch. 378, p. 1852, § 60, effective June 6.

            Cross references: For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.

24-92-103.  Construction of public projects - invitation for bids. (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 approved by the United States department of labor, 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.

            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.

24-92-103.7.  Disclosure - invitation for bids - invitation for best value bids. 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 agency of government's rationale or the institution's rationale for selecting the invitation for bids process pursuant to section 24-92-103 or the invitation for best value bids process pursuant to section 24-92-103.5 for the public project. The agency or institution shall post the disclosure on its website.

            Source: L. 2013: Entire section added, (HB 13-1292), ch. 266, p. 1402, § 9, effective May 24. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 352, § 70, effective August 9.

            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.

24-92-104.  Exemptions - applicability. (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 emergency procurements or contracts because there exists a threat to public health, welfare, or safety under emergency conditions, but such emergency procurements or contracts shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file.

            (c)  Contracts for architectural, engineering, land surveying, and landscape architectural services as provided for in part 14 of article 30 of this title.

            (2)  Nothing in this article shall be construed to affect or limit any additional requirements imposed upon an agency of government for awarding contracts for public projects.

            (3)  This article shall not apply to any county, municipality, school district, special district, or political subdivision of the state and shall not be construed to affect any requirements which may otherwise apply to such entities for awarding contracts for public projects, except as provided in section 24-92-109.

            Source: L. 81: Entire article added, p. 1256, § 1, effective July 1. L. 2014: IP(1) amended, (HB 14-1387), ch. 378, p. 1852, § 61, effective June 6.

            Cross references: For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.

24-92-104.5.  Solicitation of bids by electronic online access - department of transportation. 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.

            Source: L. 98: Entire section added, p. 1097, § 12, effective June 1.

24-92-105.  Cancellation of invitations for bids. An invitation for bids or any other solicitation may be cancelled 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 shall be made part of the contract file.

            Source: L. 81: Entire article added, p. 1256, § 1, effective July 1.

24-92-106.  Responsibility of bidders and offerors. (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 of nonresponsibility with respect to such bidder or offeror.

            (2)  Information furnished by a bidder or offeror pursuant to this section shall not be disclosed without prior written consent by the bidder or offeror.

            Source: L. 81: Entire article added, p. 1256, § 1, effective July 1.

24-92-107.  Prequalification of contractors. 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.

24-92-108.  Types of contracts. 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 determination is made in writing that such contract is likely to be less costly to the agency of government than any other type of contract or that it is impracticable to obtain the construction required unless the cost-reimbursement contract is used.

            Source: L. 81: Entire article added, p. 1257, § 1, effective July 1.

24-92-109.  Agency of government to submit cost estimate. (1)  Whenever an agency of government 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 bid, it shall prepare and submit a cost estimate in the same manner as other bidders; except that, for projects under the supervision of the department of transportation undertaken by such means or method, the department shall prepare and submit a cost estimate if the project is reasonably expected to exceed one hundred fifty thousand dollars. Cost estimates in excess of fifty thousand dollars but less than or equal to one hundred fifty thousand dollars shall be submitted to the transportation commission on at least a quarterly basis for its review and approval. Such agency of government itself may not undertake the proposed project unless it shows the lowest cost estimate.

            (2)  In preparing such cost estimate, the agency of government shall preserve a full, true, and accurate record of the cost of such project. Such records shall be kept and maintained by the responsible officer on behalf of the agency of government. To the extent the agency of government contracts with any other state or local government agency in connection with a public project, such other agency shall provide all necessary data or information to enable the agency of government to document a full, true, and accurate record of the cost of such project, which data or information shall be kept in an orderly manner by the agency of government for a period of at least six years after completion of the project. All such records shall be considered public records and shall be made available for public inspection.

            (3)  State agencies shall not be required to be bonded when performing the work on a public project.

            Source: L. 81: Entire article added, p. 1257, § 1, effective July 1. L. 98: (1) amended, p. 1042, § 2, effective August 5.

24-92-110.  Rules and regulations. 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 to bridge and highway construction bidding practices including, notwithstanding any other provisions of this article 92, rules governing debarment of contractors. The rules must include provisions requiring agencies of government to keep certain public project records, even if duplicative, in accordance with generally accepted cost accounting principles and standards. In addition, the rules must include criteria to be used by a responsible procurement official in evaluating a response to an invitation for best value bids pursuant to section 24-92-103.5 (3).

            Source: L. 81: Entire article added, p. 1257, § 1, effective July 1. L. 83: Entire section amended, p. 1025, § 1, effective April 21. L. 84: Entire section amended, p. 293, § 3, effective April 30. L. 91: Entire section amended, p. 1068, § 38, effective July 1. L. 95: Entire section amended, p. 661, § 90, effective July 1. L. 2013: Entire section amended, (HB 13-1292), ch. 266, p. 1402, § 11, effective May 24. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 352, § 71, effective August 9.

            Cross references: (1)  For the legislative declaration contained in the 1995 act amending this section, see section 112 of chapter 167, Session Laws of Colorado 1995.

            (2)  In 2013, this section 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.

24-92-111.  Audit. 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 legislative audit committee shall give notice to the agency, which has ten days to respond to the allegation. If the committee thereafter determines that there is a reasonable probability of a violation or material noncompliance, the committee shall take appropriate action and may direct the state auditor to conduct an audit and review of the records being kept by the agency. If the state auditor determines that the agency has violated or has not complied or is not complying with this article 92 or the rules promulgated thereunder, a written report shall be issued to the agency detailing the areas of violation or noncompliance and curative recommendations. The agency shall implement the recommendations of the state auditor within a time period set by the state auditor not to exceed six months.

            Source: L. 81: Entire article added, p. 1257, § 1, effective July 1. L. 2017: Entire section amended, (SB 17-294), ch. 264, p. 1406, § 80, effective May 25.

24-92-112.  Finality of determinations. 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.

24-92-113.  Reporting of anticompetitive practices. 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.

24-92-114.  Prohibition of dividing work of public project. 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.



TITLE 24 — ARTICLE 93 — CONSTRUCTION CONTRACTS

24-93-101.  Short title. This article shall be known and may be cited as the "Integrated Delivery Method for Public Projects Act".

            Source: L. 2007: Entire article added, p. 1805, § 1, effective August 3.

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.

            Source: L. 2007: Entire article added, p. 1805, § 1, effective August 3.

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.

            Source: L. 2007: Entire article added, p. 1806, § 1, effective August 3. L. 2014: (2) amended, (HB 14-1387), ch. 378, p. 1852, § 62, effective June 6.

            Cross references: For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.

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.

            Source: L. 2007: Entire article added, p. 1806, § 1, effective August 3.

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 training program certified by the office of apprenticeship located 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.

            Source: L. 2007: Entire article added, p. 1807, § 1, effective August 3.

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.

            Source: L. 2007: Entire article added, p. 1808, § 1, effective August 3.

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.

            Source: L. 2007: Entire article added, p. 1809, § 1, effective August 3.

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.

            Source: L. 2007: Entire article added, p. 1810, § 1, effective August 3.

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.

            Source: L. 2013: Entire section added, (HB 13-1292), ch. 266, p. 1402, § 10, effective May 24.

            Cross references: In 2013 this section was added by the "Keep Jobs in Colorado Act of 2013". For the short title, see section 1 chapter 266, Session Laws of Colorado 2013.

TITLE 24 — ARTICLE 101 — CONSTRUCTION PROCUREMENT CODE & CONTRACTS

TITLE 24 — ARTICLE 101 — PROCUREMENT CODE — GENERAL PROVISIONS

PART 1 — PURPOSES, CONSTRUCTION, AND APPLICATION

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".

            Source: L. 81: Entire article added, p. 1259, § 1, effective January 1, 1982. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 299, § 1, effective August 9.

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.

            Source: L. 81: Entire article added, p. 1259, § 1, effective January 1, 1982.

24-101-103.  Supplementary general principles of law applicable. (Repealed)

            Source: L. 81: Entire article added, p. 1260, § 1, effective January 1, 1982. L. 2017: Entire section repealed, (HB 17-1051), ch. 99, p. 354, § 76, effective August 9.

            Editor's note: This section was relocated to § 24-106-102 in 2017.

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.

            Source: L. 81: Entire article added, p. 1260, § 1, effective January 1, 1982. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 299, § 2, effective August 9.    

24-101-105.  Application of this code. (1) (a)  This code shall apply to all publicly funded contracts entered into by all governmental bodies of the executive branch of this state; except that this code shall 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; and

            (XV)  Real property or interest in real property.

            (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.)

            Source: L. 81: Entire article added, p. 1260, § 1, effective January 1, 1982. L. 95: (1) amended, p. 261, § 4, effective April 17; (3) added, p. 26, § 2, effective July 1. L. 96: (1) amended, p. 1532, § 96, effective June 1. L. 97: (4) added, p. 1285, § 27, effective July 1. L. 99: (1) amended, p. 294, § 3, effective April 14. L. 2003: (1) amended, p. 1587, § 1, effective May 2. L. 2004: (1) amended, p. 604, § 7, effective July 1; (3) amended, p. 271, § 3, effective August 4. L. 2005: (1) amended, p. 538, § 3, effective May 24. L. 2009: (1) amended, (SB 09-089), ch. 440, p. 2433, § 1, effective June 4. L. 2010: (1)(a)(VII) added, (SB 10-032), ch. 98, p. 338, § 3, effective April 15; (1)(c) repealed, (SB 10-111), ch. 170, p. 603, § 11, effective August 11. L. 2012: (1)(a)(VII) amended, (SB 12-096), ch. 59, p. 215, § 2, effective March 24; (1)(b) amended, (HB12-1081), ch. 210, p. 906, § 14. effective August 8. L. 2013: (1)(a)(VI) amended, (HB 13-1274), ch. 376, p. 2217, § 9, effective June 5. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 299, § 3, effective August 9.

            Editor's note: Subsection (1)(a)(VII)(B) provided for the repeal of subsection (1)(a)(VII), effective July 1, 2014. (See L. 2012, p. 215.)

            Cross references: (1)  For the legislative declaration contained in the 1995 act amending subsection (1), see section 1 of chapter 90, Session Laws of Colorado 1995.

            (2)  For the legislative declaration in the 2010 act adding subsection (1)(a)(VII), see section 1 of chapter 98, Session Laws of Colorado 2010.

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.

            Source: L. 2017: Entire section added, (HB 17-1051), ch. 99, p. 301, § 4, effective August 9.

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.

            Source: Entire section added, (HB 17-1051), ch. 99, p. 301, § 4, effective August 9.

PART 2 —​ 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.

             Source: L. 81: Entire article added, p. 1260, § 1, effective January 1, 1982. L. 96: Entire section amended, p.1533, § 97, effective June 1. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 302, § 5, effective August 9.

PART 3 — DEFINITIONS

24-101-301.  Definitions. The terms defined in this section shall 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

            (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.

            (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 (2).

            (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 24-102-204 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)  "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 non-compensated 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:

            (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 bidding 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.

             Source: L. 81: Entire article added, p. 1261, § 1, effective January 1, 1982. L. 85: (1) R&RE and (1.5) added, p. 873, §§ 1, 2, effective June 6. L. 90: (1.5) amended, p. 449, § 23, effective April 18; (22) amended, p. 570, § 56, effective July 1. L. 93: (7) repealed, p. 1786, § 65, effective June 6. L. 95: (8), (9), and (21) amended, p. 661, § 91, effective July 1. L. 96: (17) and (21) amended, p. 1533, § 98, effective June 1. L. 2003: (10.5) added, p. 1588, § 2, effective May 2. L. 2004: (10) amended, p. 605, § 8, effective July 1. L. 2009: (10) amended, (SB 09-089), ch. 440, p. 2434, § 2, effective June 4. L. 2010: (10) amended, (SB 10-111), ch. 170, p. 603, § 12, effective August 11. L. 2012: (10)(a) amended, (HB 12-1081), ch. 210, p. 907, § 15, effective August 8. L. 2017: Entire section amended with relocated provisions, (HB 17-1051), ch. 99, p. 302, § 6, effective August 9.

             Editor's note: This section is similar to former §§ 24-103-101, 24-104-101, and 24-110-101 as they existed prior to 2017. For a detailed comparison of this section, see the comparative tables located in the back of the index.

             Cross references: For the legislative declaration contained in the 1995 act amending subsections (8), (9), and (21), see section 112 of chapter 167, Session Laws of Colorado 1995.

PART 4 —​ PROCUREMENT RECORDS AND INFORMATION

24-101-401.  Public access to procurement information - repeal. (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) (I)  Each agreement entered into by a governmental body with a certified employee organization for state employees under executive order D 028 07, or any similar successor executive order with respect to the existence of a certified employee organization for state employees, shall specify that the agreement is open to public inspection as provided in sections 24-72-203 and 24-72-204.

            (II)  If executive order D 028 07, or any similar successor executive order with respect to the existence of a certified employee organization for state employees, is rescinded or altered by the governor in any way to create a situation where a certified employee organization for state employees no longer represents state employees, the governor shall provide written notice of this fact to the revisor of statutes.

            (III)  This paragraph (b) is repealed, effective upon the receipt by the revisor of statutes of the written notice under subparagraph (II) of this paragraph (b).

            Source: L. 81: Entire article added, p. 1262, § 1, effective January 1, 1982. L. 2011: Entire section amended, (SB 11-025), ch. 103, p. 324, § 2, effective July 1. L. 2013: (1) amended, (HB 13-1300), ch. 316, p. 1686, § 67, effective August 7. L. 2017: (1) amended, (HB 17-1051), ch. 99, p. 307, § 7, effective August 9.

            Editor's note: Subsection (2)(b)(III) provides for the repeal of subsection (2)(b) effective upon receipt by the revisor of statutes of the written notice pursuant to said subsection (2)(b)(III). As of the publication date, the revisor of statutes had not received such notice.

            Cross references: In 2011, section 24-101-401 was amended by the "Colorado Taxpayer Empowerment Act of 2011". For the short title, see section 1 of chapter 103, Session Laws of Colorado 2011.

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: L. 81: Entire article added, p. 1262, § 1, effective January 1, 1982

PART 5 —​ PROCUREMENT CODE WORKING GROUP

24-101-501.  (Repealed)

             Editor's note: (1)  This part 5 was added in 2016 and was not amended prior to its repeal in 2017. For the text of this part 5, consult the 2016 Colorado Revised Statutes.

             (2)  Subsection (4) provided for the repeal of this part 5, effective July 1, 2017. (See L. 2016, p. 1273.)


ARTICLE 102 — PROCUREMENT ORGANIZATION

PART 1 — EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PERSONNEL

24-102-101.  Authority and duties of the executive director. Subject to the provisions of part 2 of this article 102, the executive director of the department of personnel has the authority and responsibility to promulgate rules, consistent with this code, governing the procurement and disposal of any and all supplies, services, and construction to be procured by the state, except for surplus state property as provided in section 17-24-106.6, and except as provided in part 4 of article 82 of this title 24. The executive director shall consider and decide matters of policy within the provisions of this code.

            Source: L. 81: Entire article added, p. 1263, § 1, effective January 1, 1982. L. 86: Entire section amended, p. 756, § 9, effective July 1, 1987. L. 87: Entire section amended, p. 984, § 6, effective July 11. L. 96: Entire section amended, pp. 1510, 1533, §§ 31, 99, effective June 1. L. 2000: Entire section amended, p. 1864, § 85, effective August 2. L. 2002: Entire section amended, p. 221, § 4, effective April 3. L. 2007: Entire section amended, p. 918, § 19, effective May 17. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 308, § 8, effective August 9.

            Editor's note: Amendments to this section by sections 31 and 99 of Senate Bill 96-228 were harmonized.

PART 2 — PURCHASING

24-102-201.  Purchasing.

            (1)  (Deleted by amendment, L. 96, p. 1510, § 32, effective June 1, 1996.)

            (2)  The powers, duties, and functions concerning purchasing shall be administered as if transferred to the department of personnel by a type 2 transfer, as such transfer is defined by the "Administrative Organization Act of 1968", article 1 of this title.

            Source: L. 81: Entire article added, p. 1263, § 1, effective January 1, 1982. L. 95: Entire section amended, p. 662, § 92, effective July 1. L. 96: Entire section amended, p. 1510, § 32, effective June 1.

            Cross references: For the legislative declaration contained in the 1995 act amending this section, see section 112 of chapter 167, Session Laws of Colorado 1995.

24-102-202.  Authority of the executive director and chief procurement officer - delegation of authority - rules. (1)  Consistent with the provisions of this code, the executive director may adopt operational procedures governing the internal functions of the department.

            (2) (a)  The executive director may promulgate rules in accordance with the "State Administrative Procedure Act", article 4 of this title 24, in furtherance of the administration of this code.

            (b)  The executive director may delegate his or her authority to promulgate rules.

            (c)  No rule promulgated pursuant to this section shall change any commitment, right, or obligation of the state or of a contractor under a contract in existence on the effective date of such rule.

            (3)  Subject to rules, the executive director may delegate his or her purchasing authority to designees or to any department, agency, or official.

            (4)  Except as otherwise specifically provided in this code, the chief procurement officer shall, pursuant to rules:

            (a)  Procure or supervise the procurement of all supplies and services needed by the state;

            (b)  Repealed.

            (c)  Establish and maintain programs for the inspection, testing, and acceptance of supplies and services;

            (d)  Retain the right to examine each requisition submitted by a using agency and approve, disapprove, or revise it as to quantity or quality;

            (e)  Develop and maintain programs and procedures to delegate purchasing authority in order to conserve resources for management of the statewide purchasing system; and

            (f)  Develop programs to evaluate and reduce the administrative costs of the statewide procurement function.

  Source: L. 81: Entire article added, p. 1263, § 1, effective January 1, 1982. L. 86: (2)(b) repealed, p. 757, § 13, effective July 1, 1987. L. 90: (2)(e) and (2)(f) added, p. 1307, § 2, effective July 1. L. 96: (1) and IP(2) amended, p. 1511, § 33, effective June 1. L. 2017:    Entire section amended with relocated provisions, (HB 17-1051), ch. 99, p. 308, § 9, effective August 9.

  Editor's note: This section is similar to former §§ 24-102-401 and 24-102-204 as they existed prior to 2017. For a detailed comparison of this section, see the comparative tables located in the back of the index.


24-102-202.5.  Supplier database - fees - cash fund - program account. (1)  The executive director shall develop a centralized database that includes a listing of all businesses which are interested in providing goods and services to the state. The businesses in the database shall be identified by a registration number, and the executive director shall develop a procedure for notifying the appropriate businesses whenever the state issues solicitations for goods or services which a particular business provides. The database shall be accessible through the department of personnel to all purchasing agencies designated pursuant to section 24-102-302 (2).

            (2) (a)  The executive director may require each business that wishes to be included in the database created pursuant to subsection (1) of this section to pay a registration fee as determined by the executive director. The executive director may set and collect such fees as are necessary to cover the direct and indirect costs that are incurred in implementing the provisions of this section. The revenue from such fees shall be transmitted to the state treasurer, who shall credit the same to the supplier database cash fund, which fund is hereby created. The general assembly shall make appropriations from such fund as necessary to implement the provisions of this section. All moneys not expended or encumbered and all interest earned on the investment or deposit of the moneys in the fund shall remain in the fund and shall not revert to the general fund or any other fund at the end of any fiscal year.

            (b)  (Deleted by amendment, L. 2009, (SB 09-099), ch. 420, p. 2336, § 1, effective June 4, 2009.)

            (2.5) (a)  The executive director shall develop and implement a statewide centralized electronic procurement system to allow the utilization of technology to create a more efficient delivery of state procurement services. The executive director may set and collect fees from vendors with cooperative purchasing agreements and from local public procurement units that are participating in the electronic procurement system, as necessary to cover the direct and indirect costs of implementing and maintaining the electronic procurement system. In addition, the executive director may collect moneys from cooperative purchasing organizations for procurement support.

            (b)  (Deleted by amendment, L. 2017.)

            (c)  The revenue from the fees and any moneys collected from cooperative purchasing organizations pursuant to subsection (2.5)(a) of this section shall be transmitted to the state treasurer, who shall credit the same to the supplier database cash fund created in subsection (2)(a) of this section.

            (3)  The provisions of this section shall not apply to contractors required to be approved pursuant to the provisions of section 24-30-1303 (1)(q).

            Source: L. 92: Entire section added, p. 1110, § 1, effective July 1. L. 95: (1) amended, p. 662, § 93, effective July 1. L. 96: (1) and (2) amended, p. 1511, § 34, effective June 1. L. 2003: (2) amended, p. 458, § 17, effective March 5. L. 2009: (1) and (2)(b) amended and (2.5) added, (SB 09-099), ch. 420, p. 2336, § 1, effective June 4. L. 2013: (2)(a) and (2.5) amended, (HB 13-1184), ch. 75, p. 242, § 1, effective March 22. L. 2017: (1), (2)(a), and (2.5) amended, (HB 17-1051), ch. 99, p. 309, § 10, effective August 9.

            Cross references: For the legislative declaration contained in the 1995 act amending subsection (1), see section 112 of chapter 167, Session Laws of Colorado 1995.

24-102-203.  Special duties regarding state-owned motor vehicles. (Repealed)

            Source: L. 81: Entire article added, p. 1263, § 1, effective January 1, 1982. L. 92: Entire section repealed, p. 1007, § 6, effective July 1.

24-102-204.  Delegation of purchasing authority by the executive director of the department of personnel. (Repealed)

            Source: L. 81: Entire article added, p. 1264, § 1, effective January 1, 1982. L. 96: Entire section amended, p. 1533, § 100, effective June 1. L. 2017: Entire section repealed, (HB 17-1051), ch. 99, p. 354, § 76, effective August 9.

            Editor's note: This section was relocated to § 24-102-202 in 2017.

24-102-205.  Centralized contract management system - personal services contracts - legislative declaration - definitions. (Repealed)

            Source: L. 2007: Entire section added, p. 1232, § 1, effective August 3. L. 2010: (1)(b), (1)(c), and (2) amended, (SB 10-003), ch. 391, p. 1852, § 31, effective June 9. L. 2017: (7) repealed, (HB 17-1058), ch. 18, p. 61, § 11, effective March 8; entire section repealed, (HB 17-1051), ch. 99, p. 354, § 76, effective August 9.

            Editor's note: (1)  This section was relocated to § 24-106-103 in 2017.

            (2)  Amendments to this section by HB 17-1051 and HB 17-1058 were harmonized.

24-102-206.  Contract performance outside the United States or Colorado - notice - penalty. (1) (a)  Prior to contracting or as a requirement for the solicitation of any contract from the state for services, as appropriate, any prospective vendor shall disclose in a written statement of work whether it anticipates subcontracting any services under the contract, where such subcontracted services will be performed under the contract, including any subcontracts, and whether any subcontracted services under the contract or any subcontracts are anticipated to be performed outside the United States or the state. If the prospective vendor anticipates services under the contract or any subcontracts will be performed outside the United States or the state, the vendor shall provide in its written statement of work a provision setting forth why it is necessary or advantageous to go outside the United States or the state to perform the contract or any subcontracts.

            (b)  Each contract entered into or renewed by a governmental body pursuant to this code must contain a clause that requires the vendor to provide written notice to the governmental body if the vendor decides, after the contract is awarded, to perform services under the contract outside the United States or the state or to subcontract services under the contract to a subcontractor that will perform such services outside the United States or the state. The contract must specify that the vendor is required to provide such written notice no later than twenty days from the time the vendor decides to perform services under the contract outside the United States or the state or subcontracts services under the contract to a subcontractor that will perform such services in a location outside the United States or the state.

            (2)  The written notification required by paragraphs (a) and (b) of subsection (1) of this section must include, but need not be limited to, a statement of the type of services that will be performed at a location outside the United States or the state and the reason why it is necessary or advantageous to go outside the United States or the state to perform such services.

            (3)  A governmental body shall provide written notice to the department of personnel if it awards a contract to a vendor that has provided written notice pursuant to paragraph (a) or (b) of subsection (1) of this section that the vendor or the vendor's subcontractor will perform services under the contract outside the United States or the state.

            (4)  If a vendor knowingly fails to notify the governmental body of any outsourced services as specified in this section, the governmental body may, in the governmental body's discretion, terminate the contract.

            (5)  The executive director shall post any notice that a vendor provides to a governmental body pursuant to this section on the official website of the department.

            (6)  Nothing in this section shall be construed to apply to any contract to which the state is a party under medicare, the "Colorado Medical Assistance Act", articles 4 to 6 of title 25.5, C.R.S., the "Children's Basic Health Plan Act", article 8 of title 25.5, C.R.S., or the "Colorado Indigent Care Program", part 1 of article 3 of title 25.5, C.R.S.

            (7)  Nothing in this section applies to any project that receives federal moneys. In addition, nothing in this section contravenes any existing treaty, law, agreement, or regulation of the United States. Contracts entered into in accordance with any treaty, law, agreement, or regulation of the United States do not violate this section to the extent of that accordance. The requirements of this section are suspended if such requirements would contravene any treaty, law, agreement, or regulation of the United States, or would cause denial of federal moneys or preclude the ability to access federal moneys that would otherwise be available.

            Source: L. 2007: Entire section added, p. 1237, § 1, effective August 3. L. 2013: Entire section amended, (HB 13-1292), ch. 266, p. 1402, § 12, effective May 24.

            Cross references: In 2013, this section 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.


ARTICLE 105 — CONSTRUCTION CONTRACTS

PART 1 — MANAGEMENT OF CONSTRUCTION CONTRACTING

24-105-101.  Responsibility for selection of methods of construction contracting management. The executive director may promulgate rules providing for as many alternative methods of construction contracting management as he or she may determine to be feasible. These rules may set forth criteria to be used in determining which method of construction contracting management is to be used for a particular project, grant to the head of a division within the department or the procurement official who is responsible for carrying out the construction project the discretion to select the appropriate method of construction contracting management for a particular project, and require the procurement agent to execute and include in the contract file a written statement setting forth the facts which led to the selection of a particular method of construction contracting management for each project.

             Source: L. 81: Entire article added, p. 1272, § 1, effective January 1, 1982. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 329, § 33, effective August 9.

24-105-102.  Performance evaluation reports - definitions. (Repealed)

             Source: L. 2007: Entire section added, p. 1240, § 4, effective August 3. L. 2010: (1)(a)(I) and (1)(b) amended, (SB 10-003), ch. 391, p. 1853, § 33, effective June 9. L. 2017: Entire section repealed, (HB 17-1051), ch. 99, p. 354, § 77, effective August 9.


PART 2 — BONDS

24-105-201.  Bid security. (1)  Bid security shall be required for all invitations for bids for construction contracts when the price is estimated by the procurement agent to exceed fifty thousand dollars. Bid security shall be a bond provided by a surety company authorized to do business in this state, the equivalent in cash, or otherwise supplied in a form satisfactory to the state. Nothing in this subsection (1) prevents the requirement of such bonds on construction contracts under fifty thousand dollars.

            (2)  Bid security shall be in an amount equal to at least five percent of the amount of the bid.

            (3)  When the invitation for bids requires security, noncompliance requires that the bid be rejected as nonresponsive.

            (4)  After the bids are opened, they shall be irrevocable for the period specified in the invitation for bids, except as provided in section 24-103-202 (6). If a bidder is permitted to withdraw his bid before award, no action shall be had against the bidder or the bid security.

            Source: L. 81: Entire article added, p. 1273, § 1, effective January 1, 1982. L. 2017: (1) amended, (HB 17-1051), ch. 99, p. 329, § 34, effective August 9.


24-105-202.  Contract performance and payment bonds. (1)  When a construction contract is awarded in excess of one hundred fifty thousand dollars, the following bonds or security shall be delivered to the state and shall become binding on the parties upon the execution of the contract:

            (a)  A performance bond satisfactory to the state, executed by a surety company authorized to do business in this state or otherwise secured in a manner satisfactory to the state, in an amount equal to fifty percent of the price specified in the contract; and

            (b)  A payment bond satisfactory to the state, executed by a surety company authorized to do business in this state or otherwise secured in a manner satisfactory to the state, for the protection of all persons supplying labor and material to the contractor or its subcontractors for the performance of the work provided for in the contract. The bond shall be in an amount equal to fifty percent of the price specified in the contract.

            (2)  Nothing in this section shall be construed to limit the authority of the state to require a performance bond or other security in addition to those bonds or in circumstances other than those specified in subsection (1) of this section.

            (3)  Suits on payment bonds and labor and payment bonds shall be brought in accordance with sections 38-26-105 to 38-26-107, C.R.S.

            Source: L. 81: Entire article added, p. 1273, § 1, effective January 1, 1982. L. 2004: IP(1) amended, p. 228, § 3, effective August 4. L. 2014: IP(1) amended, (HB 14-1387), ch. 378, p. 1852, § 64, effective June 6.

            Cross references: For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.

24-105-203.  Bond forms and copies. (1)  The form of bonds required by this part 2 shall be as provided in sections 38-26-105 to 38-26-107, C.R.S.

            (2)  Any person may request and obtain from the state a certified copy of a bond upon payment of the cost of reproduction of the bond and postage, if any. A certified copy of a bond shall be prima facie evidence of the contents, execution, and delivery of the original.

            Source: L. 81: Entire article added, p. 1273, § 1, effective January 1, 1982.


PART 3 — CONSTRUCTION CONTRACT CLAUSES AND FISCAL RESPONSIBILITY

24-105-301.  Contract clauses and their administration. (1)  The executive director may promulgate rules requiring the inclusion in state construction contracts of clauses providing for adjustments in prices, time of performance, and other appropriate contract provisions affected by and covering the following subjects:

            (a)  The unilateral right of the state to order in writing changes in the work within the scope of the contract and changes in the time of performance of the contract that do not alter the scope of the contract work;

            (b)  Variations occurring between estimated quantities of work on a contract and actual quantities;

            (c)  Suspension of work ordered by the state; and

            (d)  Site conditions differing from those indicated in the contract or ordinarily encountered; except that differing site condition clauses required by the rules need not be included in a contract when the contract is negotiated or when the contractor provides the site or design.

            (2) (a)  Adjustments in price shall be computed in one or more of the following ways:

            (I)  By agreement on a fixed price adjustment before commencement of the pertinent performance or as soon thereafter as practicable;

            (II)  By unit prices specified in the contract or subsequently agreed upon;

            (III)  By the costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as specified in the contract or subsequently agreed upon;

            (IV)  In such other manner as the contracting parties may mutually agree; or

            (V)  In the absence of agreement by the parties, by a unilateral determination by the state of the costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as computed by the state pursuant to the applicable sections of any rules issued under section 24-106-108, and subject to the provisions of article 109 of this title 24.

            (b)  A contractor shall be required to submit cost or pricing data if any adjustment in contract price is subject to the provisions of section 24-103-403.

            (3)  The executive director shall promulgate rules requiring the inclusion in state construction contracts of clauses providing for appropriate remedies and covering the following subjects:

            (a)  Liquidated damages as appropriate;

            (b)  Specified excuses for delay or nonperformance;

            (c)  Termination of the contract for default; and

            (d)  Termination of the contract in whole or in part for the convenience of the state.

            (4)  The contract clauses promulgated under this section may be set forth in rules; except that such rules shall be consistent with section 24-91-103.5 (1) and (2) and section 24-30-1303 (1)(s)(IV).

            Source: L. 81: Entire article added, p. 1274, § 1, effective January 1, 1982. L. 89: (4) amended, p. 1143, § 3, effective April 10. L. 2017: IP(1), (2)(a)(V), and (4) amended, (HB 17-1051), ch. 99, p. 330, § 35, effective August 9.

24-105-302.  Fiscal responsibility. Every contract modification or contract price adjustment under a construction contract with the state in excess of an amount specified in the contract shall be subject to prior written certification by the controller or other official responsible for monitoring and reporting upon the status of the costs of the total project or contract budget as to the effect of the contract modification or adjustment in contract price on the total project or contract budget. In the event that the certification of the controller or other responsible official discloses a resulting increase in the total project or contract budget, the procurement agent shall not execute or make such contract modification or adjustment in contract price unless sufficient funds are available therefor or the scope of the project or contract is adjusted so as to permit the degree of completion that is feasible within the total project or contract budget as it existed prior to the contract modification or adjustment in contract price under consideration; except that, with respect to the validity of any executed contract modification or adjustment in contract price which the contractor has reasonably relied upon, it shall be presumed that there has been compliance with the provisions of this section.

             Source: L. 81: Entire article added, p. 1275, § 1, effective January 1, 1982. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 330, § 36, effective August 9.



ARTICLE 106 — MODIFICATION AND TERMINATION OF CONTRACTS

24-106-101.  Contract clauses - price adjustments - additional clauses - modification. (1)  The executive director may promulgate rules permitting or requiring the inclusion of clauses providing for adjustments in prices, time of performance, or other appropriate clauses covering the following:

            (a)  The unilateral right of the state to order, in writing, changes in the work within the scope of the contract and temporary stopping of work or delaying of performance; and

            (b)  Variations occurring between estimated quantities of work in a contract and actual quantities.

            (2) (a)  Adjustments in price pursuant to clauses promulgated under subsection (1) of this section shall be computed in one or more of the following ways:

            (I)  By agreement on a fixed price adjustment before commencement of the pertinent performance or as soon thereafter as practicable;

            (II)  By unit prices specified in the contract or subsequently agreed upon;

            (III)  By the costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as specified in the contract or subsequently agreed upon;

            (IV)  In such other manner as the contracting parties may mutually agree; or

            (V)  In the absence of agreement by the parties, by a unilateral determination by the state of the costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as computed by the state in accordance with applicable sections of the rules promulgated under article 107 of this title and subject to the provisions of article 109 of this title.

            (b)  A contractor shall be required to submit cost or pricing data if any adjustment in contract price is subject to the provisions of section 24-103-403.

            (3)  The executive director may promulgate rules including, but not limited to, rules permitting or requiring the inclusion in state contracts of clauses providing for appropriate remedies and covering the following subjects:

            (a)  Liquidated damages as appropriate;

            (b)  Specified excuses for delay or nonperformance;

            (c)  Termination of the contract for default; and

            (d)  Termination of the contract in whole or in part for the public interest of the state.

            (4)  Any contract clauses promulgated under this section may be set forth in rules; except that such rules shall be consistent with section 24-91-103.5 (1) and (2). However, the executive director or the procurement official may vary the clauses for inclusion in any particular state contract so long as any variations are supported by a written determination that describes the circumstances justifying such variations and notice of any material variation is stated in the invitation for bids or request for proposals. No variation that is inconsistent with section 24-91-103.5 (1) and (2) shall be made pursuant to this subsection (4).

            Source: L. 81: Entire article added, p. 1275, § 1, effective January 1, 1982. L. 89: (4) amended, p. 1143, § 4, effective April 10. L. 96: (4) amended, p. 1537, § 113, effective June 1. L. 2017: (3)(d) and (4) amended, (HB 17-1051), ch. 99, p. 330, § 37, effective August 9.

24-106-102.  Supplementary general principles of law applicable. Unless displaced by the particular provisions of this code, the principles of law and equity, including the "Uniform Commercial Code", the law merchant, and any law relative to capacity to contract, agency, fraud, misrepresentation, duress, coercion, mistake, or bankruptcy shall supplement the provisions of this code.

            Source: L. 2017: Entire section added with relocated provisions, (HB 17-1051), ch. 99, p. 331, § 38, effective August 9.

            Editor's note: This section is similar to former § 24-101-103 as it existed prior to 2017.

 


Appreciations

Customer Testimonials

A number of our customers have shared great appreciation for their experiences with our units. DCA is proud of all our employees and we would like to share some of our customer's kind words.

2018

Capitol Complex Facilities Management

"Jack went above and beyond. He repaired one light fixture. He changed two bulbs in two other light fixtures, and I only advised Capitol Complex of the one at my desk. He is very thorough and helpful.

Patricia Grigson
AFS-Revenue | Colorado Department of Revenue


"We have recently had the pleasure of working with Ryan for our section needs. I want to tell you he has absolutely been a delight to work with. He is efficient, pleasant, and has done a fantastic job handling all of our needs. He provides a job well done. Yesterday, after fulfilling our work orders, Ryan addressed an emergency with another section while he was here. I helped him find the room number he was looking for, and although he was met with an employee that seemed very concerned and slightly terse, Ryan had a great attitude and handled it with high professionalism, very impressive. We look forward to working with Ryan in the future, and I wanted to make sure you knew what a great job he is doing here at Pierce Building."

Myrissa
Systems Support Coordinator | Driver Control | Colorado Department of Revenue



2017

Capitol Complex Facilities Management

"I just got finished with the waste audit. Sheila, Marty and Jessica ROCKED as usual!! They are so helpful, I can't thank you all enough. Marty, I had to leave one bag of recycle contamination (trash) in one of the gray carts. Thank you all again!!"

Amanda Timmons



2015

State Fleet Management

"I want to let you know about the excellent service that I received from Sean Murphy before, during, and after my first State Fleet rental. Sean walked me through every step of the process, from registration to returning the car and he was pleasant, thorough, and professional throughout. He really went the extra mile and saved me time and frustration. It was truly a pleasure to work with him and I congratulate you on having such a dedicated person representing you. Thanks so much!"

Linda Edwards
Budget Analyst | Financial Services Division | Colorado Judicial Department


Capitol Complex Facilities Management

"I want to bring to your attention that Devin Moynahan has proven to be a key essential addition to the Pierce location. Not only does the exterior in the back loading dock looked picked up, he is visible in the building fixing problems that have been long overdue. Please thank Devin for us. He sees the problems and fixes them."

Carol Gustafson Olds
Driver Testing and Education Manager | Colorado Department of Revenue



In reference to the AC Removal Schedule: The heat will kick on if the outside air temp drops below 50 degrees then the steam radiators kick in. Team will remove window from OSPB offices tomorrow.

"Thank you Rick and team...very well and quickly done."

Henry Sobanet
Office of State Planning &amp, Budgeting | Governor's Office | State Capitol


"Not sure who Laura Knopping's supervisor is, but just wanted to say what a pleasure she is to deal with. Every time I have had to call her, whether it is something routine or something that got missed, she is just so pleasant, apologetic when necessary and just flat out nice. They say you can tell if someone is smiling when you're talking to them and I really do feel like she is when I call over there."

Lori Legler
Customer Service Manager | Department of Human Services | Office of Administrative Solutions


"We all became acquainted with Devin Moynahan in that we work at the 1881 Pierce Street location in Lakewood. Jason was kind enough to bring Devin around to introduce him before Jason was apparently re-assigned to a different facility.

We speak for a good many of us here at our facility when we say that Devin, is an individual who consistently goes above and beyond in his efforts to maintain our aging facility, and always is a professional, approachable and friendly manner. From what we all have observed, Devin has a result-oriented attitude and is focused on achieving his tasks timely, efficiently and with a winning attitude. He is always willing to help anyone, anytime, anywhere at the drop of a hat. I guess the point we are attempting to make is that great employees possess certain characteristics that make them "great." Devin is one of those "great" employees.

We all know that fitting in to the State culture can at times be challenging. That being said it is apparent to all of us that Devin meets and exceeds those challenges on a daily basis. In closing, we are happy, actually delighted to have him here, and wanted to take this opportunity to acknowledge that."

Driver Testing and Education | Colorado Department of Revenue


"I need to let you know that Jason Clark did an outstanding job here at 1881 Pierce St. He will be greatly missed. He not only did an outstanding job, but was very prompt, knowledgeable and respectful. He did over and beyond what was asked of him. He is a model employee."

Esther Julia Sedillos
MV Administration | Colorado Department of Revenue



2014

Capitol Complex Facilities Management

"Last week we met with the Capitol Complex team to get an update on the 1575 elevator project. The project is well underway with final design to be complete in March. Once the final design is finished there is a 16 week lead time to ensure that all the materials are manufactured and delivered.

From outside landscape upgrades, fresh paint and new carpet we have had a good partnership with Capitol Complex as we work to improve the conditions for the employees and visitors of 1575."

Susan Beckman
Office of Administrative Solutions | Department of Human Services



2013

State Fleet Management

"I often use a state car for travels and wanted to report back how pleased I am with the service. In particular, I wanted to point out how fantastic it is to work with Sean Murphy. He is just always helpful and figures out even the most peculiar of problems. I always feel like nothing can go wrong because Sean is there to help out. Sometimes we get a little frantic and only provide feedback when it's negative or we're not so happy. I wanted to make sure that I recognized Sean for the support he provides me. My work is enhanced because Sean takes such good care of me."

Joe Wismann-Horther
Integration Program Supervisor | Colorado Refugee Services Program | Colorado Department of Human Services



Robert,

"I want to thank you for being so helpful this past Thursday as I attempted to use the state motor pool system for the first time.I hadn't planned on needing a state car and really didn't have much time to learn how to make arrangements so I was feeling pretty stressed when I began the process. You not only enabled me to figure out the system, but your cheerful attitude made a difference in my day. Thanks for doing your job so well!"

Melissa Colsman, PhD
Executive Director | Teaching and Learning Unit | Colorado Department of Education


"Thank you, Renee. You are so awesome! You are always able to supply me with the information I need, and you do it so quickly. I appreciate your fantastic customer service skills and everything you've taught me about commuting and fleet billing. The three and 1/2 years I've worked with you have been a pure pleasure."

Mary K. Ball
Accountant III | Accounting and Financial Services | Colorado Department of Revenue



"I am a new user of the state fleet or at least the centralized fleet. As I tried to find your lot and the kiosk and circled the block several times and found the alley blocked by semis, I became somewhat frustrated. When I finally figured out where I was going and how to get there, I used the kiosk only to have it tell me that the car keys were not there. By that time I was late, cold and frustrated. And then came Sean! Despite it being a holiday, he answered the phone, solved my key problem, patiently answered my ignorant questions and generally was so kind and helpful that I was able to both get the vehicle I needed and get over the frustration. Later in the day (still on the holiday) when I called again to report a problem with the car (burnt out right front blinker), he didn't answer right away but did call back within a few minutes."

"Thank you, Sean, for making a potentially terrible experience into a great one. I really appreciate all you did."

Grace Sandeno
Trauma Program Manager | Health Facilities and Emergency Medical Services Division | Colorado Department of Public Health and Environment


"Wow, thanks Dave. I feel like it's "A Miracle on 34th Street" for APCD. It's certainly a "Wonderful Life" when you get a new used vehicle that actually works." God Bless us - Everyone!"

Pat McGraw


"Ron: I don't know if everyone I am listing here works for you, but please accept my great thanks to you, Theresa Harris and Renee Covard. With both the cards issue and the title transfers of the vehicles from us to CDPS, all really came through for us and made this emergency situation and the transfer of the vehicles so much easier than I could have thought possible. It is our pleasure to work with such great folks!"

JoAnn Groff
Property Tax Administrator | Division of Property Taxation | Colorado Department of Local Affairs


2012

State Fleet Management

"Ron: Thank you so much for your inquiry. David Russell took good care of me while you were gone, I didn't even notice your absence! As a matter of fact that vehicle is back in our possession as of 7:00-ish this morning! I do need to ask, David, that you transfer the gas charge card back to us and any other charges that are applicable. Thank you so much for your assistance in this matter. Once again DPA has been a great partner!"

JoAnn Groff
Property Tax Administrator | Division of Property Taxation | Colorado Department of Local Affairs



"I just wanted to send a quick kudos and thank you for Sean Murphy! In September, I was downtown with one of our fleet vehicles that died. Sean came over to the parking garage and jumped the vehicle to get it started and directed me to the nearest fleet service area. When it died again, in the middle of Lincoln while I was trying to get to the service station, Sean once again came to my rescue. Rather than sending me on my way he had me pull the car into the parking lot behind 1525 Sherman and leave it with him. He took care of getting the battery replaced, some regular maintenance needs taken care of, and called me the following day when it was ready. Not only did Sean exhibit great customer service he went that extra mile."

Jenifer Gurr
Chief Administrative Officer | Colorado Department of Agriculture

 

 

Division of Capital Assets Contacts

Capital Complex Facilities Management
1525 Sherman St., B-15  |  Denver, CO 80203
Help Desk — 303-866-HELP (4357)
 

Richard Lee, Director of Capital Assets
Capitol Complex Property Manager

303-866-3838
 

Sheila Santistevan
Capitol Complex Assistant Property Manager

303-866-3420 

State Fleet Management
1001 E. 62nd Ave., A-18  |  Denver, CO 80216
303-866-5222  |  1-800-723-8023
FAX: 303-866-5511

Scott Edwards
State Fleet Manager

303-866-5416
 

René Ahl
State Fleet Assistant Manager
Accounts Payable

303-866-5490



Website Comments

If at any time you cannot find what you are looking for throughout the website, or if you have any questions or feedback, feel free to send us an email — DPA_DCS_DCA_Comments@state.co.us.