SB 21-165

Abstract

Section 2 of the bill requires the Colorado department of transportation (CDOT) to solicit construction contracts for public projects by invitation for bids, also known as the design bid build method of procurement, unless CDOT determines, based on specific written findings that CDOT posts on its website prior to awarding a contract, that it is not feasible to do so and that soliciting the contract through an alternative procurement method authorized by law such as competitive sealed best value bidding, an integrated product delivery contract, a public-private initiative, or a design-build contract is likely to cause the project to be completed faster, at a lower cost, or to a higher standard of quality than if the project was solicited by an invitation for bids. Section 4 prohibits CDOT from refusing to prequalify a contractor to bid on CDOT projects or reducing the scope of prequalification granted based on the contractor's lack of prior opportunity to demonstrate performance on past department contracts if the bidder can demonstrate its experience, past performance, expertise, and financial capacity through its work on construction contracts in other states or for county, municipal, or other local governments in Colorado.Sections 3, 5, 6, 7, 9, 11, and 12 ensure that the requirements and prohibitions set forth in sections 2 and 4 apply to CDOT project procurement through the alternative methods of competitive sealed best value bidding, integrated product delivery contracts, public-private initiatives, and design-build contracts.Section 8 requires CDOT to disclose to the public its rationale for selecting a specific participating entity to which it has awarded an integrated product delivery contract. Section 10 requires CDOT to disclose to the public its rationale for entering into the public-private initiative agreement for a project in lieu of soliciting a contractor for the project by invitation for bids or for best value bids and its rationale for selecting each private or public entity that is a party to the agreement over any other unselected private or public entities that submitted comparable proposals.(Note: This summary applies to this bill as introduced.)