§ 24-101-105 — Application of this code

(1) (a) This code applies to all publicly
funded contracts entered into by all governmental bodies of the executive branch
of this state; except that this code does not apply to:

(I) Bridge and highway construction or to contracts for unsolicited or
comparable proposals for public-private initiatives under section 43-1-1203;

(II) Contracts between the state and its political subdivisions or other
governments, except as provided in article 110 of this title 24;

(II.5) Grants;

(III) Public printing, as defined in section 24-70-201, except for the provisions
of article 109 of this title 24;

(IV) Professional services, as defined in section 24-30-1402;

(V) The Colorado state fair authority created pursuant to section 35-65-401
(1);

(VI) The state board of land commissioners in connection with contract
expenditures from the state board of land commissioners investment and
development fund created in section 36-1-153 (1), or the commercial real property
operating fund created in section 36-1-153.7;

(VII) Repealed.

(VIII) Utilities, including water, electricity, and natural gas;

(IX) Works of art for display, purchase, or performance;

(X) Copyrighted materials such as books, periodicals, collections, and
subscriptions;

(XI) Conference facilities at hotels or other venues that include, but need not
to be limited to, meeting rooms, audio visual equipment, catering, and guest
accommodation rooms;

(XII) Client-based services including medical services or services where the
client has the right to choose the vendor;

(XIII) Dues and memberships;

(XIV) Annuities;

(XV) Real property or interest in real property;

(XVI) The habitat partnership program created in section 33-1-110 (8)(a);

(XVII) The department of early childhood in soliciting and selecting entities
to serve as local coordinating organizations pursuant to section 26.5-2-103 and
coordinating agreements entered into pursuant to section 26.5-2-105; or

(XVIII) Public-private partnerships authorized by part 1 of article 94 of this
title 24.

(a.5) If the procurement official or his or her designee determines that
reasonable competition exists in the procurement of a good or service that is
exempt from the code pursuant to subsection (1)(a) of this section, the procurement
official or his or her designee may require a competitive process.

(b) 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 exempt from the provisions of this code
and may enter into contracts independent of the terms specified in this code.

(c) Repealed.

(d) (Deleted by amendment, L. 2017.)

(e) Upon the request to purchase items for resale to the public, the
procurement official may, by written determination, provide that this code shall not
apply to items acquired for such resale.

(f) Nothing in this code or in rules promulgated under this code shall prevent
any governmental body or political subdivision from complying with the terms and
conditions of any grant, gift, bequest, or cooperative agreement.

(g) Upon the request to enter into a revenue-producing contract, the
procurement official may, by written determination, provide that this code shall not
apply to the revenue-producing contract. Governmental bodies shall maximize the
return to the state when they are parties to revenue-producing contracts.

(2) All political subdivisions and local public agencies of this state are
authorized to adopt all or any part of this code and its accompanying rules.

(3) and (4) (Deleted by amendment, L. 2017.)

Legislative History

Source: L. 81: Entire article added, p. 1260, � 1, effective January 1, 1982. L. 95: (1) amended, p. 261, � 4, effective April 17; (3) added, p. 26, � 2, effective July 1. L. 96: (1) amended, p. 1532, � 96, effective June 1. L. 97: (4) added, p. 1285, � 27, effective July 1. L. 99: (1) amended, p. 294, � 3, effective April 14. L. 2003: (1) amended, p. 1587, � 1, effective May 2. L. 2004: (1) amended, p. 604, � 7, effective July 1; (3) amended, p. 271, � 3, effective August 4. L. 2005: (1) amended, p. 538, � 3, effective May 24. L. 2009: (1) amended, (SB 09-089), ch. 440, p. 2433, � 1, effective June 4. L. 2010: (1)(a)(VII) added, (SB 10-032), ch. 98, p. 338, � 3, effective April 15; (1)(c) repealed, (SB 10-111), ch. 170, p. 603, � 11, effective August 11. L. 2012: (1)(a)(VII) amended, (SB 12-096), ch. 59, p. 215, � 2, effective March 24; (1)(b) amended, (HB12-1081), ch. 210, p. 906, � 14. effective August 8. L. 2013: (1)(a)(VI) amended, (HB 13-1274), ch. 376, p. 2217, � 9, effective June 5. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 299, � 3, effective August 9. L. 2022: (1)(a)(XIV) and (1)(a)(XV) amended and (1)(a)(XVIII) added, (SB 22-130), ch. 232, p. 1716, � 4, effective May 26; IP(1)(a), (1)(a)(XIV), and (1)(a)(XV) amended and (1)(a)(XVII) added, (HB 22-1295), ch. 123, p. 845, � 67, effective July 1; IP(1)(a), (1)(a)(XIV), and (1)(a)(XV) amended and (1)(a)(XVI) added, (HB 22-1072), ch. 116, p. 543, � 3, effective August 10.