Amendments for HB17-1051
House Journal, March 1
23 HB17-1051 be amended as follows, and as so amended, be referred to
24 the Committee of the Whole with favorable
25 recommendation:
26
27 Amend printed bill, page 4, line 12, strike "OR AGREEMENT".
28
29 Page 5, line 25, strike "PUBLICLY REGULATED UTILITIES" and substitute
30 "UTILITIES,".
31
32 Page 6, strike line 11 and substitute:
33
34 "(XVI) REAL PROPERTY OR INTEREST IN REAL PROPERTY; AND".
35
36 Page 6, line 15, strike "AGENT OF A GOVERNMENTAL BODY" and substitute
37 "OFFICIAL OR HIS OR HER DESIGNEE".
38
39 Page 6, strike lines 19 and 20 and substitute "OFFICIAL OR HIS OR HER
40 DESIGNEE MAY REQUIRE A COMPETITIVE PROCESS.".
41
42 Page 7, strike lines 1 through 9 and substitute:
43
44 "(d) Except as provided in section 24-111-103, this code shall also
45 apply to contracts funded in whole or in part with federal assistance
46 moneys. This code shall apply to the transfer or disposal of state
47 supplies.".
48
49 Page 9, strike lines 14 through 21.
50
51 Renumber succeeding subsections accordingly.
52
53 Page 9, line 27, strike "24-30-202 (2)." and substitute "24-30-202.".
54
55 Page 10, line 1, strike "ENTITY" and substitute "PERSON".
56
1 Page 10, strike lines 24 and 25 and substitute "of what it may be called,
2 for the procurement or disposal of supplies, services, or construction
3 BETWEEN A GOVERNMENTAL BODY AND A CONTRACTOR, WHERE THE
4 PRINCIPAL PURPOSE IS TO ACQUIRE SUPPLIES, SERVICES, OR CONSTRUCTION
5 OR TO DISPOSE OF SUPPLIES FOR THE DIRECT BENEFIT OF A GOVERNMENTAL
6 BODY. "CONTRACT" INCLUDES COMMITMENT VOUCHERS".
7
8 Page 11, strike lines 2 and 3 and substitute "price, quantity, or other
9 provision of a contract accomplished by mutual action of the parties to the
10 IN ACCORDANCE WITH THE TERMS OF THAT contract.".
11
12 Page 12, strike lines 20 through 26 and substitute:
13
14 "(10.5) (a) (19) "Grant" means the furnishing of assistance,
15 including financial or other means of assistance, by the purchasing agency
16 to any person to support a program authorized by law AN AGREEMENT IN
17 WHICH A GOVERNMENTAL BODY AS GRANTOR TRANSFERS ANYTHING OF
18 VALUE TO A GRANTEE TO CARRY OUT A PUBLIC PURPOSE OF SUPPORT OR
19 STIMULATION AUTHORIZED BY LAW INSTEAD OF ACQUIRING PROPERTY OR
20 SERVICES FOR THE DIRECT BENEFIT OR USE OF THAT GOVERNMENTAL
21 BODY. A GRANT MAY INCLUDE A DISTRIBUTION OF FUNDS.".
22
23 Page 13, line 17, strike "INCLUDES THE FIRST DAY OF JANUARY,".
24
25 Page 13, strike lines 18 through 27 and substitute "SHALL HAVE THE SAME
26 MEANING AS DEFINED IN SECTION 24-11-101 (1).".
27
28 Page 14, line 19, strike "ENTITY" and substitute "PERSON".
29
30 Page 14, line 22, after "organization," insert "JOINT VENTURE,".
31
32 Page 15, line 9, strike "PRIMARY".
33
34 Page 15, lines 11 and 12, strike "PRINCIPAL REPRESENTATIVE" and
35 substitute "INDIVIDUAL".
36
37 Page 15, line 13, strike "PART 13 OF".
38
39 Page 15, line 14, strike "ARTICLE 30 OF THIS TITLE 24." and substitute
40 "SECTION 24-30-1303 (5).".
41
42 Page 16, line 4, strike "other than the department of personnel" and
43 substitute "other than the department of personnel".
44
45 Page 16, strike lines 13 through 17 and substitute:
46
47 "(a) A person or business that is authorized to transact business in
48 Colorado and that maintains its principal place of business in Colorado;
49 or
50 (b) A person or business that:".
51
52 Page 16, strike line 25 and substitute:
53
54 "(38) "RESPONSIBLE" MEANS THE".
55
2017 Page 366 House Journal--50th Day--March 1,
1 Page 17, line 4, strike "REQUEST FOR PROPOSALS OR INVITATION FOR BIDS"
2 and substitute "SOLICITATION".
3
4 Page 18, line 5, strike "INFORMATION" and substitute "INFORMATION,
5 WHETHER ATTACHED OR INCORPORATED BY REFERENCE,".
6
7 Page 18, line 19, strike "OR "GOODS"".
8
9 Page 19, line 6, strike "24-103-101.5," and substitute "24-103-201.5,".
10
11 Page 19, line 11, strike "CONTRACT".
12
13 Page 19, after line 14 insert:
14
101 15 "SECTION 8. In Colorado Revised Statutes, amend 24-102-
16 as follows:
17 24-102-101. Authority and duties of the executive director.
18 Subject to the provisions of part 4 PART 2 of this article ARTICLE 102, the
19 executive director of the department of personnel has the authority and
20 responsibility to promulgate rules, consistent with this code, governing
21 the procurement and disposal of any and all supplies, services, and
22 construction to be procured by the state, except for surplus state property
23 as provided in section 17-24-106.6, C.R.S., and except as provided in part
24 4 of article 82 of this title TITLE 24. The executive director shall consider
25 and decide matters of policy within the provisions of this code.".
26
27 Renumber succeeding sections accordingly.
28
29 Page 23, line 6, strike "(19);" and substitute "(18);".
30
31 Page 23, line 13, strike "(19)." and substitute "(18).".
32
33 Page 24, line 1, strike "(19)" and substitute "(18)".
34
35 Page 24, strike lines 8 through 11 and substitute:
36
302 37 "SECTION 12. In Colorado Revised Statutes, amend 24-102-
38 as follows:
39
40 24-102-302. Purchasing agencies - establishment - authority.
41 (1) Capital construction and controlled maintenance, as defined and
42 delegated to principal representatives A PROCUREMENT OFFICIAL by part
43 13 of article 30 of this title TITLE 24, shall be procured by such principal
44 representatives PROCUREMENT OFFICIAL as the appropriate purchasing
45 agency.
46 (2) If the executive director OR HIS OR HER DESIGNEE is of the
47 opinion".
48
49 Page 27, line 7, strike "A POTENTIAL VENDOR" and substitute "POTENTIAL
50 VENDORS".
51
52 Page 30, line 19, strike "shall" and substitute "shall".
53
54 Page 30, line 20, strike "MAY".
55
1 Page 31, strike lines 4 and 5, and substitute "written notice to the low
2 responsible bidder whose bid meets the requirements and criteria set forth
3 in the invitation for bids except as".
4
5 5 Page 31, line 6, strike "24-103-202.5." and substitute "24-103-202.
6 PROVIDES FOR A CONTRACT WITH THE BEST VALUE AT THE LOWEST COST
7 TO THE STATE.".
8
9 Page 31, line 8, strike "(1) and (7);" and substitute "(1), (7), and (8);".
10
11 Page 32, after line 7 insert:
12 "(8) The procurement officer OFFICIAL, OR HIS OR HER DESIGNEE,
13 shall negotiate, in the case of procurement of professional services, with
14 the highest qualified offerors and in that negotiation shall take into
15 account, in the following order of importance, the professional
16 competence of the offerors, the technical merits of the offers, and the
17 price for which the services are to be rendered.".
18
19 Page 32, line 24, after "director," insert "THE CHIEF PROCUREMENT
20 OFFICER,".
21
22 Page 32, line 25, strike "either" and substitute "either ANY SUCH".
23
24 Page 33, line 24, strike "(1);" and substitute "(1) and (3)(b);".
25
26 Page 34, after line 15 insert:
27
28 "(3) The requirements of this section need not be applied to any
29 contract in which:
30 (b) The contract price is based on established catalogue CATALOG
31 prices or market prices;".
32
33 Page 36, line 3, strike "PUBLICATION." and substitute "PUBLICATION OF A
34 LIST THAT SHALL BE REFERRED TO AS THE SERVICES SET ASIDE LIST.".
35
36 Page 37, lines 17 and 18, strike "WITH PRICE BEING THE PRIMARY
37 CONSIDERATION." and substitute "TAKING INTO CONSIDERATION FACTORS
38 OTHER THAN PRICE ALONE.".
39
40 Page 39, line 19, strike "officer's" and substitute "officer's AGENT'S".
41
42 Page 47, lines 13, strike "(48)." and substitute "(47).".
43
44 Page 57, line 10, strike "portion" and substitute "portion, (2)(a)(V),".
45
46 Page 57, after line 15 insert:
47
48 "(2) (a) Adjustments in price shall be computed in one or more of
49 the following ways:
50 (V) In the absence of agreement by the parties, by a unilateral
51 determination by the state of the costs attributable to the events or
52 situations under such clauses with adjustment of profit or fee, all as
53 computed by the state pursuant to the applicable sections of any rules
54 issued under article 107 of this title SECTION 24-106-108, and subject to
55 the provisions of article 109 of this title TITLE 24.".
2017 Page 368 House Journal--50th Day--March 1,
1 Page 57, strike lines 18 through 26 and substitute "24-91-103.5 (1) and
2 (2) AND SECTION 24-30-1303 (1)(s)(IV). However, the head of a division
3 within the department designated by the executive director or the head of
4 a purchasing agency may vary the clauses for inclusion in any particular
5 state construction contract so long as any variations are supported by a
6 written determination that describes the circumstances justifying such
7 variations and notice of any material variation is stated in the invitation
8 for bids or request for proposals. No variation that is inconsistent with
9 section 24-91-103.5 (1) and (2) shall be made pursuant to this subsection
10 (4).".
11
12 Page 60, line 16, strike "(19);" and substitute "(18);".
13
14 Page 67, line 19, strike "TERM OF THE" and substitute "CHIEF".
15
16 Page 67 of the bill, strike lines 20 through 24 and substitute
17 "PROCUREMENT OFFICER DETERMINES THAT EXTENUATING
18 CIRCUMSTANCES EXIST AND AN EXTENSION OF THE CONTRACT BEYOND
19 THE TERM INCLUDED IN THE SOLICITATION IS IN THE BEST INTEREST OF THE
20 GOVERNMENTAL BODY, THEN THE CHIEF PROCUREMENT OFFICER MAY
21 APPROVE A LONGER TERM FOR A REASONABLE TIME BASED ON WHAT IS
22 PRACTICABLE AND NECESSARY GIVEN THE CIRCUMSTANCES. The state
23 shall initiate the renewal or extension of a".".
24
25 Page 69, line 3, strike "(19);" and substitute "(18);".
26
27 Page 70, line 1, strike "and the vendor will evaluate each other's" and
28 substitute "and the vendor will evaluate each other's THE VENDOR'S".
29
30 Page 73, lines 1 and 2, strike "and 24-106-110".
31
32 Page 73, lines 5 and 6, strike "PERSON OR ENTITY," and substitute
33 "PERSON,".
34
35 Page 73, line 6, strike "SPECIFICALLY PERMITTED" and substitute
36 "AUTHORIZED".
37
38 Page 73, line 10, strike "OR ENTITY".
39
40 Page 73, line 12, after "STATE" insert "CAUSED BY THE NEGLIGENCE OR
41 WILLFUL MISCONDUCT OF SUCH PERSON OR SUCH PERSON'S EMPLOYEES OR
42 AGENTS".
43
44 Page 73, strike lines 18 through 27.
45
46 Page 74, strike lines 1 through 18.
47
48 Page 75, strike lines 2 through 6 and substitute:
49 "(2) "MATERIAL ISSUE" MEANS A NONTRIVIAL DEFECT IN THE
50 SOLICITATION OR AWARD THAT WOULD PREJUDICE THE OUTCOME OF THE
51 PROCUREMENT. THE PRESENCE OF MULTIPLE NONMATERIAL ISSUES IN A
52 SOLICITATION OR AWARD DOES NOT CONSTITUTE A MATERIAL ISSUE
53 UNLESS THE AGGRIEVED PARTY CAN ESTABLISH THAT THOSE
54 NONMATERIAL ISSUES TOGETHER WOULD PREJUDICE THE OUTCOME OF THE
55 PROCUREMENT.".
56
1 Page 77, line 14, strike "procurements during protests." and substitute
2 "procurements.".
3
4 Page 77, line 15, strike "SOLICITATION" and substitute "REQUEST FOR
5 PROPOSALS".
6
7 Page 77, line 16, strike "SOLICITATION" and substitute "REQUEST FOR
8 PROPOSALS".
9
10 Page 80, line 19, strike "IN" and substitute "FOR THE PURPOSES OF THIS
11 ARTICLE 109, IN".
12
13 Page 80, line 26, strike "director. Unless" and substitute "director - stay
14 of procurements. (1) Unless".
15
16 Page 81, after line 14 insert:
17 "(2) A CONTRACT FOR A TOTAL VALUE OF ONE MILLION FIVE
18 HUNDRED THOUSAND DOLLARS OR MORE RESULTING FROM A REQUEST FOR
19 PROPOSALS IS NOT AWARDED UNTIL ANY APPEAL MADE IN CONNECTION
20 WITH THE REQUEST FOR PROPOSALS HAS BEEN RESOLVED PURSUANT TO
21 THIS PART 2; EXCEPT THAT THE EXECUTIVE DIRECTOR OR THE EXECUTIVE
22 DIRECTOR'S DESIGNEE MAY OVERRIDE THE STAY IF HE OR SHE DETERMINES
23 THAT SUCH OVERRIDE IS IN THE BEST INTEREST OF THE STATE.".
24
25 Page 81, strike line 27.
26
27 Page 82, strike lines 1 through 10.
28
29 Page 84, strike lines 18 through 23 and substitute:
30 "24-109-301. Interest. EXCEPT FOR INTEREST PAYABLE ON
31 LIABILITY INCURRED BY THE STATE UNDER SECTION 24-30-202 (24),
32 interest on amounts determined to be due to a contractor or to the state
33 UNDER THIS CODE shall be payable ACCRUE from the date the payment
34 was due in accordance with the terms of the contract or the claim was
35 filed, whichever is earlier, through the date of decision or judgment,
36 whichever is later CONTROVERSY WAS SUBMITTED PURSUANT TO SECTION
37 24-109-106 THROUGH THE FINAL RESOLUTION OF THE CONTROVERSY BY
38 THE PROCUREMENT OFFICIAL OR UPON FINAL DETERMINATION OF THE
39 EXECUTIVE DIRECTOR OR ADJUDICATION OF THE DENVER DISTRICT COURT,
40 WHICHEVER OCCURS LAST. Interest shall be calculated at eleven percent
41 per annum AT THE AMOUNT DUE AT THE RATE SET FORTH IN THE
42 CONTRACT OR AT THE RATE OF ONE PERCENT PER MONTH, WHICHEVER IS
43 GREATER, UNTIL THE AMOUNT IS PAID IN FULL.".
44
45 Page 85, line 20, strike "CORRECTABLE OR".
46
47 Page 85, strike lines 21 through 27 and substitute "ANY RELIEF NOT
48 EXPRESSLY PROVIDED FOR IN THIS PART 5 IS PROHIBITED.".
49
50 Page 87, line 22, strike "ITS" and substitute "A".
51
52 Page 95, line 22, strike "(48)," and substitute "(47),".
53 Page 95, line 23, strike "(43)," and substitute "(42),".
54
55 Page 97, line 17, strike "(11)," and substitute "(10),".
2017 Page 370 House Journal--50th Day--March 1,
House Journal, March 3
46 Amendment No. 1, Business Affairs and Labor Report, dated February
47 28, 2017, and placed in member's bill file; Report also printed in House
48 Journal, March 1, 2017.
49
50 Amendment No. 2, by Representative(s) Rankin and Garnett.
51
52 Amend the Business Affairs and Labor Committee Report, dated
53 February 28, 2017, page 1 of the committee report, after line 3 insert:
54
1 "Page 5 of the bill, strike lines 26 and 27 and substitute "ELECTRICITY,
2 AND NATURAL GAS;".
3
4 Renumber succeeding subparagraphs accordingly.
5
6 Page 6 of the bill, line 10, after "ANNUITIES;" add "AND".".
7
8 Page 1 of the committee report, line 5, strike "PROPERTY; AND"." and
9 substitute "PROPERTY.".".
10
11 Page 1 of the committee report, after line 5 insert:
12
13 "Page 6 of the bill, strike lines 12 through 14. ".
14
15 As amended, ordered engrossed and placed on the Calendar for Third
16 Reading and Final Passage.
17