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

  • definitions


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


“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.


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


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.


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:


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


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


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


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.


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.


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.


Intentionally left blank —Ed.


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:


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;


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


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.


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


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.


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).

Methods of source selection
Market research - request for information
Invitation for bids
Invitation for best value bids
Requests for proposals
Small purchases
Sole source procurement
Emergency procurements
Other procurement methods
Cancellation of invitations for bids or requests for proposals
Responsibility of bidders and offerors
Prequalification of suppliers
Cost or pricing data
Finality of determinations
Reporting of anticompetitive practices
Legislative declaration
Nonprofit agencies - self-certified vendor list - creation
Services solicitations - categorical identification
Contract set asides - bid process created by department of personnel - obligation of state agencies - rules
Compliance with state and federal laws
Procurement preferences and goals
Low tie bids - award procedure and determination - bid preference
State purchases of recycled paper and recycled products - definitions
Purchasing preference for environmentally preferable products - definitions
Service-disabled veteran-owned small businesses - state procurement preference - definitions
Bid preference - state contracts
Preference for state agricultural products
Bid preferences - resident bidder - public projects - report - federal and state law - definitions
Bid preference - recycled plastic products
Use of foreign-produced goods - iron, steel, and related manufactured products - disclosure - report - definitions
Preference for internet service providers that certify compliance with open internet protections - definitions
Legislative declaration
Disparity study - report
Requests for information - disparity study
Short title
Legislative declaration
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
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