2012 Procurement
Bill # Short TitleSponsorsBill SummaryMost Recent StatusCalendar NotificationNews Links
SB12-004Preference For US Materials In Public Contracts FOSTER / MIKLOSI Any state agency (agency) that issues an invitation for bids or a request for proposals on or after July 1, 2012, for the purchase of materials, supplies, products, provisions, or equipment for which an appropriation or expenditure of moneys is reasonably expected to exceed $1 million in the aggregate is required to provide to a bidder or offeror (contractor) that responds to the invitation for bids or request for proposals a preference in an amount equal to 1% of the bid price, which is to be subtracted from the bid of each contractor that certifies that it has undertaken best efforts to ensure that such materials, supplies, products, provisions, or equipment are manufactured in the United States. The preference allowed pursuant to the bill may not be awarded to a contractor that fails to meet the requirements of the bill, and the preference may not be used to satisfy any applicable minimum requirements of the contract. The preference is only allowed if:
* The materials, supplies, products, provisions, or equipment that are manufactured in the United States are equal in quality to any such items that are manufactured outside the United States;
* The materials, supplies, products, provisions, or equipment that are manufactured in the United States are able to be manufactured in sufficient quantities to satisfy the requirements of the invitation for bids or request for proposals; and
* The cost of the materials, supplies, products, provisions, or equipment that are manufactured in the United States does not exceed the cost of such items manufactured outside the United States by more than 5%. Any contractor that seeks allowance of a preference made available under the bill must certify to the agency that issued the invitation for bids or request for proposals that the contractor is eligible for the preference. The agency may rely on certification provided by the contractor but may also require the contractor to submit additional information to verify the contractor's eligibility for the preference. The agency is responsible for verifying that the contractor has satisfied all applicable requirements and is, therefore, eligible for the preference. The bill requires the executive director of the department of personnel or the executive director's designee to promulgate rules for the administration of the preference, including a process for a contractor to certify that it satisfies all requirements necessary for allowance of the preference and for an agency to verify that the contractor satisfies such requirements. The bill specifies that nothing in its terms is intended to contravene any existing treaty, law, agreement, or rule of the United States. No preference shall be granted under the bill if the preference would contravene any treaty, law, agreement, or rule of the United States. 
05/10/2012 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely
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