(1)(a) The director is hereby authorized
to develop programs that produce goods and services, including capital
construction items, which are used by agencies financed in whole or in part by the
state, any political subdivision thereof, or the federal government and to develop
programs that produce goods, including capital construction items, which are used
by public entities involved in financed purchase of an asset or certificate of
participation agreements as provided in section 17-24-106 (1)(f)(II). The director
shall also develop programs to market goods and services to distributor networks,
nonprofit organizations, private sector retailers, and the general public. The state
and its institutions, agencies, and departments may purchase through the
department of personnel or
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(1) (a) The director is hereby authorized
to develop programs that produce goods and services, including capital
construction items, which are used by agencies financed in whole or in part by the
state, any political subdivision thereof, or the federal government and to develop
programs that produce goods, including capital construction items, which are used
by public entities involved in financed purchase of an asset or certificate of
participation agreements as provided in section 17-24-106 (1)(f)(II). The director
shall also develop programs to market goods and services to distributor networks,
nonprofit organizations, private sector retailers, and the general public. The state
and its institutions, agencies, and departments may purchase through the
department of personnel or purchasing agency authorized by section 24-102-302
(2) such goods and services as are produced by the division, unless similar goods
and services can be obtained at or below the amount established for small
purchases which are exempt from the invitation-for-bids requirements of the
Procurement Code contained in part 2 of article 103 of title 24. Goods and
services produced by the division shall be provided at a price comparable to the
current market price for similar goods and services. State agencies may purchase
goods and services from sources other than the division; except that office
furniture and office systems shall be purchased from the division. Printing services
shall be purchased from the division unless a state agency operates its own printing
operation. If the division is not able to provide its goods or services at a price or
level of quality which is comparable to that provided by the private sector or
provide them in a timely manner, which price, level of quality, or timeliness is
determined by the department of personnel, the department of personnel shall
make a certification to that effect, and the state agency purchasing such goods or
services shall not be required to purchase them from the division.
(b) Repealed.
(c) The financial and staff resources dedicated to said purchasing function in
the affected agency shall be under the authority of the department of personnel
during the period of suspension, and purchases made for the affected agency shall
be in accordance with the requirements of this subsection (1).
(d) When a state agency issues an invitation for bids pursuant to section 24-103-202, C.R.S., for goods or services which are available from the division of
correctional industries, as shown on the list provided by the division pursuant to
paragraph (a) of subsection (2) of this section, the division of correctional industries
shall be included on its list of prospective bidders.
(e) Repealed.
(f) The division of correctional industries shall have access to the purchasing
records of the department of personnel and the records of purchasing agents of
state agencies established pursuant to section 24-102-302, C.R.S.
(2) (a) Repealed.
(b) State agencies which have purchased goods and services available from
the division of correctional industries, as shown on the list provided by the division
pursuant to paragraph (a) of this subsection (2), shall, as a part of their annual
budget requests to the joint budget committee of the general assembly, report on
all such purchases and of the value of the goods and services actually purchased
from the division of correctional industries, and the division of correctional
industries shall, as a part of its annual budget request to the joint budget
committee, report on the value of all goods and services sold to each state agency.
(c) and (d) Repealed.
(3) Repealed.
(4) To the extent the articles and products which are produced or
manufactured by the division are not purchased pursuant to the provisions of
subsection (1) of this section, said articles or products may be purchased from the
division on the open market by any person at the then current prevailing market
prices.
(5) Articles and products manufactured or produced by the division shall
first be used in supplying the requirements of state agencies and secondly in
supplying the political subdivisions of the state which purchase the same. Only the
surplus of such articles and products left after meeting the requirements of state
agencies and their political subdivisions shall be made available for purchase by the
general public.
(6) (a) Notwithstanding any provision of this section to the contrary, on and
after July 1, 2012, a state institution of higher education or the Auraria higher
education center created in article 70 of title 23 may, but is not required to,
purchase goods and services from the division pursuant to this section. In
purchasing furniture and office systems that exceed the amount established for
small purchases that are exempt from the invitation-for-bids requirements of the
Procurement Code contained in part 2 of article 103 of title 24, a state institution
of higher education or the Auraria higher education center shall request a bid from
the division for the purchase, and the institution or the center shall consider the bid
on a competitive basis.
(b) Nothing in paragraph (a) of this subsection (6) shall require a state
institution of higher education or the Auraria higher education center to engage in
competitive bidding for an item or items if the institution or the center chooses to
use the division as the sole source supplier for the item or items.
Source: L. 77: Entire title R&RE, p. 931, � 10, effective August 1. L. 81: (1), (2),
and (3) amended, p. 1285, � 2, effective January 1, 1982. L. 83: (1) amended, p. 690, �
2, effective April 29. L. 84: (1), (2), and (3) amended, p. 525, � 1, effective May 2. L.
87: (1)(e) repealed, p. 349, � 4, effective July 1; (2)(c) and (2)(d) added, p. 664, � 3,
effective July 1. L. 88: (1)(a) and (2)(a) amended and (1)(b) and (3) repealed, pp. 703,
704, �� 2, 3, effective July 1. L. 95: (1)(c) amended, p. 639, � 27, effective July 1. L.
96: (1)(a), (1)(c), (1)(f), and (2)(a) amended, p. 1514, � 44, effective June 1. L. 98: (2)(a)
repealed, p. 728, � 13, effective May 18. L. 2011: (6) added, (HB 11-1301), ch. 297, p.
1424, � 18, effective August 10. L. 2017: (1)(a) and (6)(a) amended, (HB 17-1051), ch.
99, p. 349, � 62, effective August 9. L. 2021: (1)(a) amended, (HB 21-1316), ch. 325, p.
2000, � 11, effective July 1.