C.R.S. Section 24-103-904
Purchasing preference for environmentally preferable products

  • definitions

(1)

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

(a)

“Environmentally preferable products” means products, including products that do not contain intentionally added PFAS chemicals, that have a lesser or reduced adverse effect on human health and the environment when compared with competing products that serve the same purpose. The product comparison may consider such factors as the availability of any raw materials used in the product being purchased and the availability, use, production, safe operation, maintenance, packaging, distribution, disposal, or recyclability of the product being purchased.

(b)

“Intentionally added PFAS chemicals” has the meaning set forth in section 25-15-603 (12).

(2)

All invitations for bids for products shall include language that describes the availability of the purchasing preference for environmental products. In connection with the purchase of products, a governmental body shall award the contract to a bidder who offers environmentally preferable products subject to the conditions specified in subsection (3) of this section unless the specifications used in the solicitation contain environmentally preferable product criteria. This preference does not apply to the purchase of services, including construction services.

(3)

The preference specified in subsection (2) of this section shall apply only if all of the following conditions are met and selecting an environmentally preferable product would not otherwise be disadvantageous to the state upon consideration of these conditions, singly or in combination:

(a)

The quality of the environmentally preferable products meets the specification of the bid.

(b)

The environmentally preferable products are suitable for the use required by the purchasing entity.

(c)

Any bidder able to offer environmentally preferable products is able to supply such products in sufficient quantity, as indicated in the invitation for bids.

(d)

The bid price for environmentally preferable products does not exceed the lowest bid price for products that are not environmentally preferable by more than five percent.

(e)

The head of the governmental body or other official charged by law with the duty to purchase products has made a determination that the governmental body is able to purchase the environmentally preferable products out of the governmental body’s existing budget without any further supplemental or additional appropriation.

(4)

If the bid price for environmentally preferable products exceeds the bid price for products that are not environmentally preferable by more than five percent, a governmental body may award the contract to a bidder who offers environmentally preferable products where the governmental body demonstrates, on the basis of assessments such as the costs of ownership and a life-cycle analysis, that long-term savings to the state will result from environmentally preferable purchasing in accordance with the requirements of this section. Nothing in this section shall require that a governmental body perform an analysis of the costs of ownership or a life-cycle analysis in connection with the purchase of any products.

(5)

Intentionally left blank —Ed.

(a)

Any bidder that seeks to qualify for the preference created by subsection (2) of this section shall provide documentation to the governmental body inviting the bid that the products offered by the bidder are environmentally preferable. This requirement may be satisfied by submission of any of the following:

(I)

A life-cycle analysis conducted on the applicable product that has been conducted in accordance with applicable standards as determined by the purchasing governmental body or by the international organization for standardization or any successor organization;

(II)

A reference to an existing environmentally preferable product list maintained by a state or the federal government that contains the product; or

(III)

A reference to a nationally recognized third-party certification entity that has certified the product as environmentally preferable on the basis of a valid life-cycle analysis. The governor’s energy office or successor office shall maintain a list of certification entities.

(b)

The governmental body may rely in good faith on any form of documentation that satisfies the requirement of subsection (5)(a) of this section.

(c)

Notwithstanding any other provision of this section, if none of the forms of documentation specified in subsection (5)(a) of this section apply to the product being purchased, the requirements of this section shall not apply to the purchase of the product.

(6)

In connection with any cost of ownership analysis or life-cycle analysis undertaken in connection with any purchase under this section of a product that involves the replacement of existing electrical, natural gas, or steam service, the cost analysis shall consider any stranded utility costs.

Source: Section 24-103-904 — Purchasing preference for environmentally preferable products - definitions, 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

§ 24-103-904’s source at colorado​.gov