The terms defined in this section have the following
meanings whenever they appear in this code, unless the context in which they are
used clearly requires a different meaning or a different definition is prescribed for a
particular article or portion thereof:
(1) Acceptance means the action of consenting to receive or undertake
something offered.
(2) Award means the selection of a bid or proposal by a governmental
body. An award does not mean that a contract has been executed or that a
commitment voucher has been issued pursuant to section 24-30-202.
(3) Bidder means any person that submits a bid in response to an invitation
for bids.
(4) Business means any corporation, limited liability company, partnership,
individual, sole proprietorship, joint-stock company, joint venture, or other private
legal entity.
(5) Business day means any day other than Saturday, Sunday, or a legal
holiday.
(6) Chief procurement officer means the individual to whom the executive
director has delegated his or her authority pursuant to section 24-102-202 to
procure or supervise the procurement of all supplies and services needed by the
state.
(7) Construction means the process of building, altering, repairing,
improving, or demolishing any public structure or building or any other public
improvements of any kind to any public real property. For the purposes of this code,
construction includes capital construction and controlled maintenance, as
defined in section 24-30-1301.
(8) Contingency-based contract shall have the same meaning as set forth
in section 24-17-203 (1).
(9) Contract means any type of state agreement, regardless of what it may
be called, between a governmental body and a contractor, where the principal
purpose is to acquire supplies, services, or construction or to dispose of supplies for
the direct benefit of a governmental body. Contract includes commitment
vouchers as described in section 24-30-202.
(10) Contract modification means any written alteration of a contract
accomplished in accordance with the terms of that contract.
(11) Contractor means any person having a contract with a governmental
body. For the purposes of this code, a vendor is considered a contractor.
(12) Cooperative purchasing means procurement conducted by, or on
behalf of, more than one public procurement unit or by a public procurement unit
with an external procurement unit.
(13) 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 code and a fee, if any.
(14) Department means the department of personnel.
(15) Established catalog price means the price included in a catalog, price
list, schedule, or other form that:
(a) Is regularly maintained by a manufacturer or contractor;
(b) Is either published or otherwise available for inspection by customers;
and
(c) States prices at which sales are currently or were last made to a
significant number of any category of buyers or buyers constituting the general
buying public for the supplies or services involved.
(16) Executive director means the executive director of the department of
personnel.
(17) External procurement unit means any buying organization not located
in this state which, if located in this state, would qualify as a public procurement
unit. An external procurement unit includes any purchasing cooperative that
satisfies the purposes of this code as set forth in section 24-101-102. An agency of
the United States is an external procurement unit.
(18) Governmental body means any department, commission, council,
board, bureau, committee, institution of higher education, agency, government
corporation, or other establishment or official, other than an elected official, of the
executive branch of state government in this state; except that the governing board
of each institution of higher education, including the Auraria higher education
center established in article 70 of title 23, by formal action of the board, and the
Colorado commission on higher education, by formal action of the commission, may
elect to be excluded from the meaning of governmental body.
(19) Grant means an agreement in which a governmental body as grantor
transfers anything of value to a grantee to carry out a public purpose of support or
stimulation authorized by law instead of acquiring property or services for the
direct benefit or use of that governmental body. A grant may include a distribution
of funds.
(20) Invitation for bids means all documents, whether attached or
incorporated by reference, utilized for soliciting bids. Invitation for bids is the
commonly used term for soliciting competitive sealed bids and competitive sealed
best value bids.
(21) Legal holiday shall have the same meaning as defined in section 24-11-101 (1).
(22) Local public procurement unit means any county, city, county and city,
municipality, or other political subdivision of the state, any public agency of any
such political subdivision, any public authority, any educational, health, or other
institution, and, to the extent provided by law, any other entity which expends
public funds for the procurement of supplies, services, and construction.
(23) Low responsible bidder means any person who has bid in compliance
with the invitation for bids and within the requirements of the plans and
specifications for a public contract who is the low bidder and who has furnished
bonds or their equivalent if required by law.
(24) Low tie bids means low responsible bids from bidders that are
identical in amount and that meet all the requirements and criteria set forth in the
invitation for bids pursuant to this code.
(25) Nonresident bidder means a bidder that does not satisfy the criteria to
be a resident bidder.
(26) Offeror means any person that submits a proposal in response to a
request for proposals.
(27) Person means any business, individual, union, committee, club, other
organization, joint venture, or group of individuals.
(28) Procurement means buying, purchasing, renting, leasing, or otherwise
acquiring any supplies, services, or construction. Procurement includes all
functions that pertain to the obtaining of any supply, service, or construction,
including description of requirements, selection and solicitation of sources,
preparation and award of contract, and all phases of contract administration.
Procurement also includes the procurement of information technology as defined
in section 24-37.5-102 (12).
(29) Procurement agent means any person duly authorized to enter into
and administer procurements and make written determinations with respect
thereto. Procurement agent includes an authorized representative acting within
the limits of his or her authority.
(30) Procurement official means the individual of a purchasing agency with
purchasing authority created pursuant to section 24-102-202 (3) or 24-102-302 (2)
or the individual authorized to enter into contracts for capital construction or
controlled maintenance pursuant to section 24-30-1303 (5).
(31) Except as otherwise provided in section 24-103-1103 (13), professional
services means services of accountants, clergy, physicians, lawyers, and dentists
and such other services as may be procured through agents of those services,
excluding those professional services as defined in section 24-30-1402, as the
executive director may by rule designate as professional services.
(32) Public employee means an individual drawing a salary from a
governmental body or a noncompensated individual performing personal services
for a governmental body.
(33) Public procurement unit means either a local public procurement unit
or a state public procurement unit.
(34) Purchase description means the words used in a solicitation to
describe the supplies, services, or construction to be purchased, and includes
specifications attached to, or made a part of, the solicitation.
(35) Purchasing agency means any governmental body which is authorized
to enter into contracts by section 24-102-302 (1) by way of delegation from the
executive director pursuant to section 24-102-302 (2) or by the way of delegation
from the executive director.
(36) Request for proposals means all documents, whether attached or
incorporated by reference, utilized for soliciting proposals. Request for proposals is
the commonly used term for soliciting competitive sealed proposals.
(37) Resident bidder means:
(a) A person that is authorized to transact business in Colorado and that
maintains its principal place of business in Colorado; or
(b) A person that:
(I) Is authorized to transact business in Colorado;
(II) Maintains a place of business in Colorado; and
(III) Has paid Colorado unemployment compensation taxes in at least six of
the eight quarters immediately prior to bidding on a construction contract for a
public project.
(38) Responsible means the capability in all respects to perform fully the
contract requirements and the integrity and reliability that will assure good faith
performance.
(39) Responsive means a bid or proposal that meets the specifications,
acceptability requirements, and terms and conditions of the solicitation and that
uses the form prescribed by the purchasing agency.
(40) Rules means state procurement rules and has the same meaning as
provided in section 24-4-102 (15).
(41) Sealed means a bid or proposal submitted in a manner that:
(a) Ensures that the contents of the bid, proposal, or best value bid cannot be
opened or viewed before the formal bid opening without leaving evidence that the
document has been opened or viewed;
(b) Ensures that the document cannot be changed, once received by the
state, without leaving evidence that the document has been changed;
(c) Bears a physical or electronic signature, as electronic signature is
defined in the Uniform Electronic Transactions Act, section 24-71.3-102 (8),
evincing an intent by the bidder or offeror to be bound; and
(d) Records, manually or electronically, the date and time the bid or proposal
is received by the state and that cannot be altered without leaving evidence of the
alteration.
(42) Services means the furnishing of labor, time, or effort by a contractor
not involving the delivery of a specific end product other than reports which are
merely incidental to the required performance. The term does not include
professional services as defined in section 24-30-1402.
(43) Solicitation means all documents and related information, whether
attached or incorporated by reference, published on an electronic procurement
system in connection with a procurement prior to the response deadline.
(44) Specification means any description of the physical or functional
characteristics or of the nature of a supply, service, or construction item. It may
include a description of any requirement for inspecting, testing, or preparing a
supply, service, or construction item for delivery.
(45) State public procurement unit means the department of personnel or
any other purchasing agency of this state.
(46) Statement of work means a document that defines specific activities
and deliverables and their respective timelines, all of which form a contractual
obligation upon the vendor in providing services to the state.
(47) Supplies means all property, including but not limited to equipment,
materials, and insurance. The term does not include land, the purchase of an
interest in land, water or mineral rights, workers' compensation insurance, benefit
insurance for state employees, or property furnished in connection with public
printing, as defined in section 24-70-201.
(48) Using agency means any governmental body of the state which
utilizes any supplies, services, or construction procured under this code.