§ 24-103-907 — Preference for state agricultural products

Colorado § 24-103-907

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Source Selection and Contract Formation

Text

(1) When
purchasing agricultural products, a governmental body shall award the contract to
a resident bidder who produces products in the state, subject to the conditions in
subsection (2) of this section.

(2) The preference in subsection (1) of this section shall apply only if the
following conditions are met:

(a) The quality of available products produced in the state is equal to the
quality of products produced outside the state;

(b) Available products produced in the state are suitable for the use required
by the purchasing entity;

(c) The resident bidder is able to supply products produced in the state in
sufficient quantity, as indicated in the invitation for bids; and

(d) (I) The resident bidder's bid or quoted price for products produced in the
state does not exceed the lowest bid or price quoted for products produced outside
the state or the resident bidder's bid or quoted price reasonably exceeds the lowest
bid or price quoted for products produced outside the state.

(II) For purposes of this subsection (2)(d), reasonably exceeds shall occur
when the head of the governmental body, or other public officer charged by law
with the duty to purchase such products, at his or her sole discretion, determines
such higher bid to be reasonable and capable of being paid out of that
governmental body's existing budget, without any further supplemental or
additional appropriation.

(3) (a) For purposes of this section, an agricultural product is produced in the
state if it is grown, raised, or processed in the state.

(b) A resident bidder that seeks to qualify for the preference created by
subsection (1) of this section shall certify to the governmental body inviting the bid
and provide documentation confirming that the resident bidder's agricultural
product was produced in the state. The governmental body may rely in good faith
on such certification and documentation.

Legislative History

Source: L. 2017: Entire part added with relocated provisions, (HB 17-1051), ch. 99, p. 324, � 28, effective August 9.