Section 33-1-105.5 - Acquisition of property - procedure(1) Except as provided in subsection (7) of this section, before the commission purchases any fee title interest in real property or any interest in water pursuant to section 33-1-105 (1)(a), it shall solicit bid proposals from all interested parties through the issuance of a request for proposals. Notice of such request for proposals shall be published in a newspaper of general circulation in the area where the commission plans to purchase the real property or interest in water.(2) The notices required to be published pursuant to subsection (1) of this section shall include, but shall not be limited to, the following information:(a) The approximate amount of money available to the commission for the type of property, interest in water, and habitat to be acquired;(b) The nature of the wildlife habitat, other property, or interest in water desired, including the type or types of recreational opportunities, if any;(c) The expected terms and conditions of the proposed acquisitions;(d) The name, address, and phone number of a contact person employed by the division who shall be responsible for providing further information relating to the bid process to any interested party;(e) The deadlines for the submission of proposals and the address where proposals are to be sent; and(f) Any other information deemed relevant by the commission.(3) All proposals received by the commission shall be opened in a manner which is designed to prevent the disclosure of the offering price information contained in such proposals to competing bidders. Once a successful bidder has been selected and the acquisition is completed, the acquisition price and any other information deemed relevant by the commission shall be made available to the public.(4) The commission, or its designee, may conduct discussions with any person who submits a proposal pursuant to this section for the purpose of clarifying whether the bidder is responsive to, or has a full understanding of, the solicitation requirements. The commission, or its designee, shall, at the request of any person making a proposal, unless it deems such proposal nonresponsive to the bid solicitation, assist such person in restructuring the proposal for the purpose of making the most attractive possible proposal. Bidders shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. The commission, or its designee, shall not disclose any information regarding the offering prices of other proposals during the course of such discussions. Bidders may submit revisions to proposals after the initial submission of the proposal, so long as such revisions are made prior to the date listed in the request for proposals for final submission of all proposals. The commission has the right to reject any and all bids.(5) The commission shall evaluate the proposals based on the following criteria:(a) Whether the ability of the commission to attain the goals established in the long-range plan of the division is enhanced by the acquisition of the property or interest in water;(b) Whether the acquisition results in the establishment of additional wildlife habitat or in the potential for additional habitat through the use of habitat improvement methods;(c) Whether the acquisition will improve access to other public lands;(d) Whether additional wildlife-oriented recreational opportunities will result from the acquisition;(e) The size and location of the property or interest in water, including the proximity of the property or interest in water to other property controlled by the division; and(f) Such other criteria as the commission may establish.(6) Prior to acceptance of proposals by the commission, said proposals must be reviewed by boards of commissioners of counties with lands or water included in the proposals.(7) The commission may decide not to use the bid process established in this section when the property or interest in water being purchased is located in such proximity to other property controlled by the division that, in the judgment of the commission, the bid process would not be effective, or when the property or interest in water to be purchased is offered through foreclosure, receivership, or auction, or when the property or interest in water is to be purchased from another governmental entity. In the event that the bid process is not used, the purchase of any fee title interest in real property or any interest in water shall be approved by the general assembly acting by bill.(8) The commission may adopt such rules as are necessary to implement the acquisition process established in this section.(9) Notwithstanding section 24-1-136 (11)(a)(I), the commission shall include in its annual report, which report shall be submitted to the capital development committee and to the agriculture, livestock, and natural resources committee of the house of representatives and the agriculture, natural resources, and energy committee of the senate, a listing of all acquisitions of real property or interests in water made pursuant to the provisions of this section. The report must describe all property and interests in water acquired within the previous five years, the acquisition cost of each such property or interest in water, and the appraised value of each such property or interest in water, and must contain a description of all pending acquisitions of property and interests in water.Amended by 2024 Ch. 34,§ 34, eff. 3/22/2024.Amended by 2017 Ch. 254, § 3, eff. 8/9/2017.L. 92: Entire section added, p. 1898, § 2, effective July 1. L. 93: (1) amended, p. 1791, § 82, effective June 6. L. 95: Entire section RC&RE, p. 1010, § 1, effective May 25. L. 2000: (10) amended, p. 397, § 2, effective April 11. L. 2004: (10) repealed, p. 417, § 4, effective April 13. L. 2017: (9) amended, (HB 17-1257), ch. 254, p. 1064, § 3, effective August 9.Prior to the recreation and reenactment of this section, subsection (10) provided for the repeal of this section, effective March 15, 1995. (See L. 92, p. 1898.)
For the legislative declaration and acquisition authorization for the Frisco Creek wildlife hospital and rehabilitation center contained in the 2004 act repealing subsection (10), see sections 1 and 2 of chapter 135, Session Laws of Colorado 2004.