C.R.S. Section 24-103-1102
Legislative declaration


(1)

The general assembly hereby finds, determines, and declares that:

(a)

When it enacted Senate Bill 19-135 in 2019, it found, determined and declared, in section 24-103-1001, the importance of ensuring an equitable state procurement process;

(b)

As required by Senate Bill 19-135, the department contracted with an entity independent of the department to conduct a state disparity study regarding the participation of historically underutilized businesses, which included a review of minority-owned businesses, women-owned businesses, businesses owned by persons with disabilities, and businesses owned by members of the lesbian, gay, bisexual, and transgender community, in state contracts entered into by any department, agency, or institution of the executive branch of state government;

(c)

The state disparity study examined whether a disparity exists between the percentage of state contract dollars going to historically underutilized businesses and the percentage that might be expected to go to those businesses based on the relative number of those businesses that are ready, willing, and able to perform different types, sizes, and locations of state contracts;

(d)

The independent entity completed the required state disparity study and issued the “2020 state of Colorado disparity study final report” in November 2020, which found that:

(I)

Minority-owned and women-owned businesses received about eight percent of state contract dollars, below the twenty-eight percent expected from the availability analysis;

(II)

Utilization of firms owned by persons with disabilities was less than one percent of contract dollars, below the twelve percent expected from the availability analysis;

(III)

A very small percentage of contract dollars went to businesses certified as being owned by members of the lesbian, gay, bisexual, and transgender community (LGBT-certified businesses), but because a very small number of businesses in the availability analysis were LGBT-certified businesses, that utilization is comparable to the availability benchmark for LGBT-certified businesses;

(IV)

There was a substantial disparity between utilization and availability for firms owned by African American persons, Hispanic American persons, Native American persons, white women, and persons with disabilities for state construction, construction-related professional services, other professional services, goods and other services contracts;

(V)

There was a substantial disparity for businesses owned by Asian-American persons for other professional services contracts; and

(VI)

For state brokerage and investment contracts, there were substantial disparities between utilization and availability of businesses owned by African American persons, Hispanic American persons, Native American persons, and white women;

(e)

As detailed in the state disparity study report, the results of the study indicate that disparities between availability of historically underutilized businesses and utilization of such businesses exists in state contracting;

(f)

Although the state is already endeavoring to help small businesses obtain state contracts, it is doing so with limited tools and resources;

(g)

The disparities identified in the state disparity report are likely to persist unless further action is taken; and

(h)

The state disparity study report recommended that the general assembly consider enacting legislation to authorize and fund a procurement equity program to address the specific disparities shown in the state disparity study report for historically underutilized businesses based on industry and business ownership.

Source: Section 24-103-1102 — Legislative declaration, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-24.­pdf (accessed Oct. 20, 2023).

24‑103‑201
Methods of source selection
24‑103‑201.5
Market research - request for information
24‑103‑202
Invitation for bids
24‑103‑202.3
Invitation for best value bids
24‑103‑203
Requests for proposals
24‑103‑204
Small purchases
24‑103‑205
Sole source procurement
24‑103‑206
Emergency procurements
24‑103‑208
Other procurement methods
24‑103‑301
Cancellation of invitations for bids or requests for proposals
24‑103‑401
Responsibility of bidders and offerors
24‑103‑402
Prequalification of suppliers
24‑103‑403
Cost or pricing data
24‑103‑701
Finality of determinations
24‑103‑702
Reporting of anticompetitive practices
24‑103‑801
Legislative declaration
24‑103‑802
Definitions
24‑103‑803
Nonprofit agencies - self-certified vendor list - creation
24‑103‑804
Services solicitations - categorical identification
24‑103‑805
Contract set asides - bid process created by department of personnel - obligation of state agencies - rules
24‑103‑806
Compliance with state and federal laws
24‑103‑901
Procurement preferences and goals
24‑103‑902
Low tie bids - award procedure and determination - bid preference
24‑103‑903
State purchases of recycled paper and recycled products - definitions
24‑103‑904
Purchasing preference for environmentally preferable products - definitions
24‑103‑905
Service-disabled veteran-owned small businesses - state procurement preference - definitions
24‑103‑906
Bid preference - state contracts
24‑103‑907
Preference for state agricultural products
24‑103‑908
Bid preferences - resident bidder - public projects - report - federal and state law - definitions
24‑103‑909
Bid preference - recycled plastic products
24‑103‑910
Use of foreign-produced goods - iron, steel, and related manufactured products - disclosure - report - definitions
24‑103‑911
Preference for internet service providers that certify compliance with open internet protections - definitions
24‑103‑1001
Legislative declaration
24‑103‑1002
Definitions
24‑103‑1003
Disparity study - report
24‑103‑1004
Requests for information - disparity study
24‑103‑1101
Short title
24‑103‑1102
Legislative declaration
24‑103‑1103
Definitions
24‑103‑1104
State procurement equity program - established - goal - preliminary implementation maximization of contracting opportunities - expansion of historically underutilized business registry - real-time solicitation assistance help desk - bond assistance program - cash fund - report
24‑103‑1105
State procurement equity program implementation - stakeholder group - recommendations - report - legislative declaration
Green check means up to date. Up to date

Current through Fall 2024

§ 24-103-1102’s source at colorado​.gov