Section 24-92-102 - [Effective 8/7/2024] DefinitionsAs used in this article 92, unless the context otherwise requires:
(1) "Agency of government" means any agency, department, division, board, bureau, commission, institution, or section of this state which is a budgetary unit exercising construction contracting authority or discretion.(2) "Construction contract" or "contract" means any agreement for building, altering, repairing, improving, or demolishing any public project of any kind. For the purposes of this article, the terms include capital construction, capital renewal, and controlled maintenance, as defined in section 24-30-1301.(3) "Cost" means the total cost of labor, materials, provisions, supplies, equipment rentals, equipment purchases, insurance, supervision, engineering, clerical, and accounting services, the value of the use of equipment, including its replacement value, owned by a state agency, and reasonable estimates of other administrative costs not otherwise directly attributable to the public project which may be reasonably apportioned to such project in accordance with generally accepted cost accounting principles and standards.(4) "Cost-reimbursement contract" means a contract under which a contractor is reimbursed for costs which are allowable and allocable in accordance with the contract terms and the provisions of this article.(5) "Invitation for bids" means all documents, whether attached or incorporated by reference, utilized for soliciting bids.(6) "Low responsible bidder" means any contractor who has bid in compliance with the invitation to bid and within the requirements of the plans and specifications for a public project, who is the low bidder, and who has furnished bonds or their equivalent as required by law.(7) "Project description" means the words used in a solicitation to describe the construction to be performed, and includes specifications attached to, or made a part of, the solicitation.(8)(a) "Public project" means any construction, alteration, repair, demolition, or improvement of any land, building, structure, facility, road, highway, bridge, or other public improvement suitable for and intended for use in the promotion of the public health, welfare, or safety and any maintenance programs for the upkeep of such projects.(b) Except as provided in paragraph (c) of this subsection (8), "public project" does not include any project for which appropriation or expenditure of moneys may be reasonably expected not to exceed five hundred thousand dollars in the aggregate for any fiscal year. Nothing in this paragraph (b) shall affect the requirements for the delivery of bonds or security pursuant to sections 24-105-202, 38-26-105, and 38-26-106, C.R.S.(c) "Public project" does not include any project under the supervision of the department of transportation for which appropriation or expenditure of funds may be reasonably expected not to exceed three hundred thousand dollars in the aggregate of any fiscal year, annually adjusted for inflation as provided in section 24-92-109 (1)(b).(9) "Responsible officer" means the person having overall contract administration responsibility for an agency of government.Amended by 2024 Ch. 114,§ 1, eff. 8/7/2024, app. to public projects proposed to be constructed by any means or method, other than by a contract awarded by competitive bid, on or after the applicable effective date of this act.Amended by 2021 Ch. 181, § 1, eff. 9/7/2021.Amended by 2014 Ch. 378, § 60, eff. 6/6/2014.L. 81: Entire article added, p. 1254, § 1, effective July 1. L. 98: (8) amended, p. 1042, § 1, effective August 5. L. 2001: (8)(b) amended, p. 214, § 1, effective August 8. L. 2010: (8)(b) amended, (HB 10-1181), ch. 1628, p. 1628, § 22, effective June 7. L. 2014: (2) amended, (HB 14-1387), ch. 1852, p. 1852, § 60, effective June 6. Section 5(2) of chapter 181 (HB 21-1056), Session Laws of Colorado 2021, provides that the act changing this section applies to any public project for which an invitation for bids is made on or after September 7, 2021.
2024 Ch. 114, was passed without a safety clause. See Colo. Const. art. V, § 1(3).This section is set out more than once due to postponed, multiple, or conflicting amendments. For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.