C.R.S. Section 43-1-1203
Unsolicited and comparable proposals

(1)

The department may consider, evaluate, and accept an unsolicited proposal for a public-private initiative only if the proposal complies with all of the requirements of this section.

(2)

The department may consider an unsolicited proposal only if the proposal:

(a)

Is innovative and unique;

(b)

Is independently originated and developed by the proposer;

(c)

Is prepared without department supervision;

(d)

Is not an advance proposal for a known department requirement that can be acquired by competitive methods unless:

(I)

The department has not established a timetable for satisfying the known requirement in either the state plan, as such term is defined in section 43-1-1102 (7), or the statewide transportation improvement program that is the short-range element of the state plan; or

(II)

The proposal is likely to significantly shorten a timetable for satisfying the known requirement established in the state plan or the statewide transportation improvement program; and

(e)

Includes sufficient detail and information for the department to evaluate the proposal in an objective and timely manner and to determine if the proposal benefits the department.

(2.5)

Paragraphs (b) and (c) of subsection (2) of this section shall not be deemed to prohibit the department from encouraging the submission of unsolicited proposals that are well-developed and consistent with the department’s general policy priorities by providing written or oral information to any person regarding the policy priorities or the requirements and procedures for submitting an unsolicited proposal.

(3)

If the unsolicited proposal does not comply with the requirements of subsection (2) of this section, the department shall return the proposal without further action. If the unsolicited proposal complies with all the requirements of subsection (2) of this section, the department may further evaluate the proposal pursuant to this section.

(4)

The department shall base its evaluation of the unsolicited proposal on the following factors:

(a)

Unique and innovative methods, approaches, or concepts demonstrated by the proposal;

(b)

Scientific, technical, or socioeconomic merits of the proposal;

(c)

Potential contribution of the proposal to the department’s mission;

(d)

Capabilities, related experience, facilities, or techniques of the proposer or unique combinations of these qualities that are integral factors for achieving the proposal objectives;

(e)

Qualifications, capabilities, and experience of the proposed principal investigator, team leader, or key personnel who are critical in achieving the proposal objectives; and

(f)

Any other factors appropriate to a particular proposal.

(5)

The department may accept an unsolicited proposal only if:

(a)

The unsolicited proposal receives a favorable evaluation; and

(b)

The department makes a written determination based on facts and circumstances that the unsolicited proposal is an acceptable basis for an agreement to obtain services either without competition or after the actions are taken pursuant to subsection (6) of this section, as applicable.

(6)

If the unsolicited proposal requires the department to spend public moneys in an amount that is reasonably expected to exceed fifty thousand dollars in the aggregate for any fiscal year, including an unsolicited proposal for a public project as defined in section 24-92-102 (8), C.R.S., the department shall take the following actions, except as otherwise provided in subsection (7) of this section, before accepting the unsolicited proposal:

(a)

Provide public notice that the department will consider comparable proposals. The notice shall:

(I)

Be given at least fourteen days prior to the date set forth therein for the opening of proposals, pursuant to rules. Such notice may include publication in a newspaper of general circulation at least fourteen days prior to considering comparable proposals.

(II)

Be provided to any person or entity that expresses, in writing to the department, an interest in a public-private initiative that is similar in nature and scope to the unsolicited proposal;

(III)

Outline the general nature and scope of the unsolicited proposal, including the location of the transportation system project, the work to be performed on the project, and the terms of any private contributions offered and public benefits requested concerning the project;

(IV)

Request information to determine if the proposer of a comparable proposal has the necessary experience and qualifications to perform the public-private initiative; and

(V)

Specify the address to and the date by which the comparable proposals must be submitted, allowing a reasonable time to prepare and submit the proposals;

(b)

Determine, in its discretion, if any submitted proposal is comparable in nature and scope to the unsolicited proposal and warrants further evaluation;

(c)

Evaluate each comparable proposal, taking relevant factors into consideration; and

(d)

Conduct good faith discussions and, if necessary, negotiations concerning each comparable proposal.

(7)

The actions required by subsection (6) of this section do not apply to an unsolicited research proposal if the department reasonably determines that the actions would improperly disclose either the originality of the research or proprietary information associated with the research proposal.

(8)

The department may accept a comparable proposal submitted pursuant to subsection (6) of this section if the department determines that the comparable proposal is the most advantageous to the state in comparison to an unsolicited proposal or other submitted proposals.

(9)

If the unsolicited proposal is accepted or if a comparable proposal is accepted pursuant to subsection (8) of this section, the department shall use the proposal as the basis for negotiation of an agreement.

(10)

The department’s procurement officer or the procurement officer’s designee has the authority to make the determinations and take the actions required by this section.

Source: Section 43-1-1203 — Unsolicited and comparable proposals, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-43.­pdf (accessed Oct. 20, 2023).

43‑1‑101
Legislative declaration 43‑1‑102
Definitions 43‑1‑103
Department created - executive director 43‑1‑104
Department divisions, sections, and units 43‑1‑105
Powers and duties of the executive director 43‑1‑106
Transportation commission - efficiency and accountability committee - powers and duties - rules - definitions 43‑1‑107
Duties of deputy director 43‑1‑108
Transfer of functions, employees, and property - contracts 43‑1‑109
Chief engineer 43‑1‑110
Powers and duties of the chief engineer - hearings - rule-making 43‑1‑111
Engineer to acquire property 43‑1‑112
Legal services 43‑1‑112.5
Establishment of annual allowable revenues and expenditures by general assembly 43‑1‑113
Funds - budgets - fiscal year - reports and publications 43‑1‑113.5
Creation and administration of transportation infrastructure revolving fund 43‑1‑114
Highway maintenance division - creation 43‑1‑115
Transportation data collection 43‑1‑116
Engineering, design, and construction division - created - duties - environmental justice and equity branch 43‑1‑117
Transportation development division - created - duties - freight mobility and safety branch - repeal 43‑1‑117.5
Transit and rail division - created - powers and duties - pilot project to expand transit - report - repeal 43‑1‑118
Employees - duties 43‑1‑119
Applications for licenses - authority to suspend licenses - rules 43‑1‑120
Bicycle and pedestrian policy - codification - legislative declaration 43‑1‑121
Interstate 70 mountain corridor - recommendation regarding short-term mobility solutions 43‑1‑122
Removal of graffiti from departmental facilities - memorandums of understanding 43‑1‑123
Project closure and project reporting requirements 43‑1‑124
Study of transportation commission districts 43‑1‑125
Motor vehicles used for commercial purposes - stakeholder group - reporting - rules - legislative declaration - definition 43‑1‑126
Public awareness of laws concerning operation of vehicle in vicinity of emergency vehicle 43‑1‑127
Registration of carpooling service internet applications - limitations - disclosure - definitions 43‑1‑128
Environmental impacts of capacity projects - additional requirements - legislative declaration - definitions 43‑1‑129
Road usage charge study - report - repeal 43‑1‑130
Autonomous motor vehicles study - report - repeal 43‑1‑131
Transportation planning study - report - rules 43‑1‑201
Short title 43‑1‑202
Public highways or roads 43‑1‑202.5
Public rights in roads - transfer of right-of-way 43‑1‑202.7
Recording of documents vacating or abandoning a roadway 43‑1‑203
Definitions 43‑1‑204
State highway 43‑1‑205
Offices 43‑1‑207
Petition for acceptance of road as state highway 43‑1‑208
State highway - damages - eminent domain 43‑1‑209
Subsurface support deemed acquired 43‑1‑210
Acquisition and disposition of property - department of transportation renovation fund 43‑1‑210.5
Rights-of-way use by adjacent landowners 43‑1‑211
Department to acquire land - buildings 43‑1‑212
Department - rental agreements 43‑1‑213
Fees and taxes - not reduced 43‑1‑214
Property exempt from taxation 43‑1‑215
Agreements enforceable 43‑1‑216
Notices and tenders by mail 43‑1‑217
Inclusion of streets in highways 43‑1‑218
State and school lands 43‑1‑219
State highway fund - created - state supplementary fund - created 43‑1‑220
Sources of funds - assumption of obligations 43‑1‑221
Proceeds from sale of bonds 43‑1‑222
Cash available for small payments 43‑1‑223
Supervision of construction 43‑1‑224
Cooperation with federal departments 43‑1‑225
Power of transportation commission - relocation of utility facilities - payment of cost 43‑1‑226
Legislative declaration 43‑1‑227
Ten-year plan reporting requirements 43‑1‑401
Short title 43‑1‑402
Legislative declaration 43‑1‑403
Definitions 43‑1‑404
Advertising devices allowed - exception - legislative declaration 43‑1‑405
Informational sites authorized 43‑1‑406
Bonus areas 43‑1‑407
Permits 43‑1‑408
Application for permit - contents - rules 43‑1‑409
Permit term - renewal - fees 43‑1‑410
Denial or revocation of permit or renewal 43‑1‑411
Issuance of permits prohibited - when 43‑1‑412
Notice of noncompliance - removal authorized 43‑1‑413
Nonconforming advertising devices 43‑1‑414
Removal of nonconforming devices 43‑1‑415
Administration and enforcement - authority for agreements - rules 43‑1‑416
Local control of outdoor advertising devices 43‑1‑417
Violation and penalty 43‑1‑418
Outdoor advertising program cost recovery center 43‑1‑419
Scenic byways - Independence pass scenic area highway 43‑1‑420
Specific information signs and tourist-oriented directional signs authorized - rules 43‑1‑501
Legislative declaration 43‑1‑502
Definitions 43‑1‑503
Permits required - exceptions 43‑1‑504
Permits issued - when 43‑1‑505
Permit fees - expiration - renewal 43‑1‑506
Regulations 43‑1‑507
Judicial review 43‑1‑508
Violations - penalties 43‑1‑509
Screening - removal of existing junkyards 43‑1‑601
Transportation services for the elderly and for persons with disabilities 43‑1‑602
Department to promulgate rules 43‑1‑603
Participation of political subdivisions 43‑1‑701
Public transportation projects in nonurbanized areas 43‑1‑702
Rules and regulations 43‑1‑801
State rail plan - administration and implementation - local rail service assistance 43‑1‑802
Financing 43‑1‑803
Authority of executive director - acceptance and conveyance of donated railroad right-of-way - definition 43‑1‑901
Transit planning 43‑1‑902
Rules and regulations 43‑1‑1001
Urban mass transportation grants 43‑1‑1002
Rules and regulations 43‑1‑1101
Legislative declaration 43‑1‑1102
Definitions 43‑1‑1103
Transportation planning 43‑1‑1104
Transportation advisory committee 43‑1‑1105
Metropolitan planning commissions 43‑1‑1201
Definitions 43‑1‑1202
Department powers - definition 43‑1‑1203
Unsolicited and comparable proposals 43‑1‑1204
Public-private initiative agreement - definition 43‑1‑1205
Revenue - disposition - use 43‑1‑1206
Rules 43‑1‑1207
Applicability - public highway use by public and private entities 43‑1‑1209
Notice of investment opportunities 43‑1‑1301
Legislative declaration - intent 43‑1‑1302
Definitions 43‑1‑1303
Duties of the executive director - TLRC approval - property eligible for acquisition 43‑1‑1304
Notice of rail line or right-of-way availability 43‑1‑1305
Acquisition for state rail bank 43‑1‑1306
Disposition of state rail bank property 43‑1‑1307
Powers and duties of the TLRC concerning state acquisition of abandoned railroad rights-of-way 43‑1‑1308
Recommendations and findings of the TLRC 43‑1‑1309
State rail bank fund - creation 43‑1‑1310
Effect of transfer of railroad rights-of-way 43‑1‑1311
Survey required - railroad track removal 43‑1‑1401
Legislative declaration 43‑1‑1402
Definitions 43‑1‑1403
Authority to use a design-build contract process 43‑1‑1404
Criteria 43‑1‑1405
Public notice procedures 43‑1‑1406
General procedures 43‑1‑1407
Stipulated fee 43‑1‑1408
Commission approval required 43‑1‑1409
Rule-making authority 43‑1‑1410
Utility relocation - legislative declaration 43‑1‑1411
Project specific utility relocation agreements 43‑1‑1412
Utility relocation delays 43‑1‑1501
Definitions 43‑1‑1502
Provision of retail and commercial goods and services at transfer facilities on department property 43‑1‑1503
Department transfer facilities - provision of retail and commercial goods and services 43‑1‑1504
Possessory interests in transfer facilities - taxation 43‑1‑1601
Safe routes to school program 43‑1‑1602
Federal funds 43‑1‑1603
Use of funds 43‑1‑1604
Rules
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Current through Fall 2024

§ 43-1-1203’s source at colorado​.gov