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, (accessed Dec. 24, 2024).

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