July 17, 2019

SB 12-001: Contracting Preferences for Persons that Employ Colorado Residents to Perform Government Contract

On January 11, 2012, Sen. Hudak and Rep. Duran introduced SB 12-001 – Concerning contracting preferences for persons who employ at least a specified percentage of Colorado residents to perform the requirements of a government contract. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

On and after July 1, 2012, if a state agency or governmental body issues an invitation for bids or a request for proposals for a construction contract for a public project or for a services contract that is, in either case, worth more than $1 million, the agency or body must grant a 3% preference to the bidder or offer or if the contractor certifies that at least 90% of the employees who will perform the requirements of the contract are Colorado residents.

An agency or body may not allow any of the preferences to a noncompliant contractor, and the contractor may not use the preference to satisfy a minimum requirement of a contract. A contractor that seeks a preference for a bid or offer must certify its eligibility for the preference to the agency or body that issued the invitation for bids or request for proposals. The agency or body may rely on the certification but may also require the contractor to submit substantiating documentation or other information needed to verify the contractor’s eligibility for the preference.

The executive director of the department of personnel must promulgate rules for the administration of each preference, including processes for a contractor to certify and an agency or body to verify the contractor’s eligibility for the preference.

Summaries of other featured bills can be found here.

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