C.R.S. Section 24-30-1404
Contracts

  • definition

(1)

The principal representative shall negotiate a contract with the highest qualified person providing professional services for such services at compensation which the principal representative determines in writing to be fair and reasonable. In making such decision, the principal representative shall take into account the estimated value of the services to be rendered and the scope, complexity, and professional nature thereof. For all lump-sum or cost-plus-a-fixed-fee professional service contracts, the principal representative shall require the firm receiving the award to execute a certificate stating that wage rates and other factual unit costs supporting the compensation to be paid by the state agency or state institution of higher education for the professional services are accurate, complete, and current at the time of contracting. Any professional service contract under which such a certificate is required shall contain a provision that the original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the principal representative determines the contract price had been increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments shall be made within one year following the end of the contract.

(2)

If the principal representative is unable to negotiate a satisfactory contract with the person considered to be the most qualified at a price the principal representative determines to be fair and reasonable, negotiations with that person shall be formally terminated. The principal representative shall then undertake negotiations with the second most qualified person. If the principal representative fails to negotiate a contract with the second most qualified person, the principal representative shall formally terminate such negotiations. The principal representative shall then undertake negotiations with the third most qualified person.

(3)

Upon completion of negotiations with the third most qualified person, the principal representative shall be allowed to enter into renegotiations with any or all of the three most qualified persons to arrive at a satisfactory contractual arrangement, if possible. The principal representative shall have the authority to reject all bids and restructure or redesign the proposed project.

(4)

Each contract for professional services entered into by the principal representative shall contain a prohibition against contingent fees as follows: The architect, or professional land surveyor, or professional engineer, or landscape architect, as applicable, warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for him, to solicit or secure this contract and that he has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for him, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or the making of this contract.

(5)

Upon any violation of this section, the principal representative shall have the right to terminate the contract without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, or consideration.

(6)

Nothing in this part 14 shall be construed to prohibit continuing contracts between state agencies or state institutions of higher education and persons providing professional services. All selections, contracts, and negotiations undertaken pursuant to this part 14 and all processes and procedures in connection with such matters shall be in conformity with this part 14.

(7)

Intentionally left blank —Ed.

(a)

Except as provided in subsections (7)(b), (7)(c), (7)(e), (7)(f), (7)(g), and (7)(h) of this section, any professional services contract entered into pursuant to the provisions of this part 14 shall be executed and encumbered within six months after the date on which the appropriation that includes the project for which the professional services are required becomes law. If no professional services contract is required for a particular project, the contract with the contractor for the project shall be entered into within six months after the appropriation. If a state agency or state institution of higher education determines that the nature of a particular project is such that the deadlines imposed by this section cannot be met, the state agency or state institution of higher education may request the capital development committee to recommend to the controller that the deadline be waived for that project. The controller, in consultation with the capital development committee may grant a waiver from the deadlines. This subsection (7) shall not apply to projects under the supervision of the department of transportation. This subsection (7) shall not affect any priority established pursuant to section 44-40-111 (11) in the general appropriation act for expenditures for projects to be financed from net lottery proceeds appropriated for capital construction.

(b)

The deadlines established in paragraph (a) of this subsection (7) shall apply to projects funded with net lottery proceeds, but the six-month period shall begin to run only when an agency receives a distribution from such proceeds for a particular project.

(c)

This subsection (7) shall not apply to:

(I)

Maintenance, repair, and improvement projects included in the capital construction section of the general appropriation act or in any supplemental appropriation act for the division of parks and wildlife in the department of natural resources;

(II)

The acquisition of any easement by the division of parks and wildlife in the department of natural resources;

(III)

Grants for off-highway vehicle trail purposes made pursuant to section 33-14.5-106, C.R.S.;

(IV)

Projects included in the capital construction section of the general appropriation act for the hazardous materials and waste management division in the department of public health and environment, or in any supplemental appropriation act, which projects are listed as remediation pursuant to the federal “Comprehensive Environmental Response, Compensation, and Liability Act of 1980”, 42 U.S.C. sec. 9601 et seq., as amended, brownfields redevelopment, or natural resource damage repair, replacement, or restoration.

(d)

The provisions of this subsection (7) shall not be construed to limit the authority of any state agency or state institution of higher education to amend a contract in order to provide for technical corrections, provision of unanticipated work, extensions of performance periods, or other modifications which are necessary to secure satisfactory completion of the work and provision of goods and services within the scope of the original contract.

(e)

In the event that the governor restricts or delays the expenditure of moneys for a project for which a professional services contract is required pursuant to the authority granted the governor in section 24-75-201.5, the running of the six-month deadline imposed in paragraph (a) of this subsection (7) for such projects shall be tolled until such time as the restriction or delay is no longer in effect.

(f)

In the event that an appropriation is made to a state agency or state institution of higher education for allocation to other state agencies or state institutions of higher education, the six-month period applies to the execution and encumbrance of a contract by the agency or institution receiving the allocation and begins to run from the date of the allocation by the agency or institution that received the original appropriation. Nothing in this paragraph (f) shall be construed to extend the duration of any appropriation.

(g)

This subsection (7) shall not apply to:

(I)

A capital construction project at a state institution of higher education that is to be constructed solely from cash funds held by the institution or federal funds made available for the project or a combination of the cash funds and the federal funds; or

(II)

The state board of land commissioners, established in article 1 of title 36, C.R.S., in connection with contract expenditures from the state board of land commissioners investment and development fund created in section 36-1-153, C.R.S., or the commercial real property operating fund created in section 36-1-153.7, C.R.S.

(h)

The six-month deadline imposed by subsection (7)(a) of this section does not apply to information technology projects that are overseen by the joint technology committee pursuant to part 17 of article 3 of title 2. As used in this subsection (7)(h), “information technology” has the meaning provided in section 2-3-1701 (7).

Source: Section 24-30-1404 — Contracts - definition, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-24.­pdf (accessed Oct. 20, 2023).

24‑30‑101
Department of personnel - state support services 24‑30‑102
Construction of terms 24‑30‑104
Burnham Yard rail property site - required development planning 24‑30‑201
Accounts and control - controller 24‑30‑202
Procedures - vouchers, warrants, and checks - rules - penalties - definitions 24‑30‑202.4
Collection of debts due the state - state agency options - controller’s duties - offsetting disbursements - definitions 24‑30‑202.5
Assistant state solicitors general 24‑30‑202.7
Lottery winnings offset - definitions 24‑30‑203
Refunds of money erroneously collected 24‑30‑204
Fiscal year 24‑30‑205
Duties of controller 24‑30‑207
Reports of revenue and expenditures 24‑30‑209
Statewide financial and human resources information technology systems - billing process - statewide financial information technology systems cash fund - creation 24‑30‑210
Cash fund solvency fund - creation - loans - report - legislative declaration 24‑30‑1001
Office of administrative courts - administrative courts cash fund - creation 24‑30‑1002
Appropriation of moneys 24‑30‑1003
Administrative law judges - appointment - qualifications - standards of conduct 24‑30‑1101
Legislative findings and declarations 24‑30‑1102
Definitions 24‑30‑1103
Central services 24‑30‑1104
Functions of the department - definitions - rules 24‑30‑1105
Powers of the executive director - penalties 24‑30‑1106
Appeal from decisions of director 24‑30‑1107
Existing and new equipment, personnel, applications, and systems subject to approval of director 24‑30‑1108
Revolving fund - service charges - pricing policy 24‑30‑1111
Postage meters - penalty for private use 24‑30‑1112
Permanent assignment of vehicles - state agency - verification of minimum mileage - revocation 24‑30‑1113
Assignment of vehicles to state agency officers or employees - report to legislative audit committee - definition 24‑30‑1114
Restrictions on assignment of vehicles 24‑30‑1115
Motor fleet management fund - creation 24‑30‑1117
Exclusive authority to acquire state-owned motor vehicles 24‑30‑1201
Definitions 24‑30‑1203
Purchasing requirements 24‑30‑1204
Cooperation between state agencies 24‑30‑1301
Definitions 24‑30‑1302
State buildings - transfer 24‑30‑1302.5
Office of the state architect 24‑30‑1303
Office of the state architect - responsibilities 24‑30‑1303.5
Office of the state architect to prepare and maintain inventory of state property - vacant facilities 24‑30‑1303.7
Controlled maintenance projects - flexibility in administering appropriations 24‑30‑1303.8
Governor’s mansion maintenance fund - creation - report 24‑30‑1303.9
Eligibility for state controlled maintenance funding - legislative declaration 24‑30‑1304
Life-cycle cost - legislative findings and declaration 24‑30‑1305
Life-cycle cost - application - definitions 24‑30‑1305.5
High performance standards - report - legislative declaration - definition 24‑30‑1306
Acceptance of gifts and grants 24‑30‑1307
Legislative declaration 24‑30‑1310
Funding for capital construction, controlled maintenance, or capital renewal - definitions 24‑30‑1311
Statewide planning function - responsibilities 24‑30‑1312
Accessibility signage for facilities 24‑30‑1313
Capitol complex renovation fund - created - repeal 24‑30‑1314
Capitol complex renovation - report - repeal 24‑30‑1401
Legislative declaration 24‑30‑1402
Definitions 24‑30‑1403
Professional services - listings - preliminary selections 24‑30‑1404
Contracts - definition 24‑30‑1405
Public notice 24‑30‑1406
Criminal liability 24‑30‑1407
Prior existing design plans 24‑30‑1408
Emergency contracts 24‑30‑1501
Legislative declaration 24‑30‑1502
Definitions 24‑30‑1503
Risk management system 24‑30‑1503.5
Risk management system - independent program 24‑30‑1504
Powers and duties of the department 24‑30‑1505
Powers of the executive director 24‑30‑1506
Claims investigation, claims adjustment, and support services 24‑30‑1507
Legal services 24‑30‑1508
State claims board - creation 24‑30‑1509
Powers and duties of the board 24‑30‑1510
Risk management fund - creation - authorized and unauthorized payments 24‑30‑1510.3
Risk management fund - state employee workers’ compensation account - assessment of risks to institutions of higher education 24‑30‑1510.5
Self-insured property fund - creation - authorized and unauthorized payments - executive director authorized to make payments 24‑30‑1510.7
Workers’ compensation for state employees 24‑30‑1511
State treasurer to invest funds 24‑30‑1511.5
State self-insurance funds - transfers - definition 24‑30‑1512
Risk management fund and self-insured property fund not subject to insurance laws 24‑30‑1513
State auditor - examination - report 24‑30‑1515
Compromise or settlement of claims - authority 24‑30‑1516
Rules and regulations 24‑30‑1517
Applicability 24‑30‑1519
Insurance policies 24‑30‑1520
Authorization by law to settle claims or to pay judgments 24‑30‑1801
Legislative declaration 24‑30‑1804
Institutions of higher education - statewide telecommunications network 24‑30‑2001
Definitions 24‑30‑2002
Contracts for energy analysis and recommendations 24‑30‑2003
Energy cost-savings contracts 24‑30‑2101
Short title 24‑30‑2102
Legislative declaration 24‑30‑2103
Definitions 24‑30‑2104
Address confidentiality program - creation - substitute address - uses - service by mail - application assistance centers 24‑30‑2105
Filing and certification of applications - authorization card 24‑30‑2106
Change of name, address, or telephone number 24‑30‑2107
Certification cancellation - records 24‑30‑2108
Address use by state or local government agencies 24‑30‑2109
Disclosure of actual address prohibited 24‑30‑2110
Request for disclosure 24‑30‑2111
Disclosure of address or unique identifying information in criminal and civil proceedings 24‑30‑2112
Participation in the program - orders relating to allocation of parental responsibilities or parenting time 24‑30‑2113
Rule-making authority 24‑30‑2114
Surcharge - collection and distribution - address confidentiality program surcharge fund - creation - definitions 24‑30‑2115
Address confidentiality program fund - creation - appropriations 24‑30‑2201
Short title 24‑30‑2202
Definitions 24‑30‑2203
Colorado disability funding committee 24‑30‑2204
Program to assist persons to obtain disability benefits - repeal 24‑30‑2204.5
Program to investigate, fund, and pilot projects or programs to benefit persons with disabilities 24‑30‑2205.5
Disability support fund 24‑30‑2206
License to buy and sell selected registration numbers for license plates 24‑30‑2208
Sale of registration numbers 24‑30‑2209
Creation of a private market for registration numbers - fee 24‑30‑2210
Administration 24‑30‑2211
Implementation 24‑30‑2212
Sunset review - repeal of part
Green check means up to date. Up to date

Current through Fall 2024

§ 24-30-1404’s source at colorado​.gov