§ 24-106-107 — Monitoring of vendor performance - definitions

Colorado § 24-106-107

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Modification and Termination of Contracts

Text

(1) For
purposes of this section, governmental body has the same meaning as set forth in
section 24-101-301 (18); except that, for purposes of this section, governmental
body shall also include elected officials.

(2) Each personal services contract entered into pursuant to this code with a
value of one hundred thousand dollars or more shall contain:

(a) Performance measures and standards developed specifically for the
contract by the governmental body administering the contract. The performance
measures and standards shall be negotiated by the governmental body and the
vendor prior to execution of the contract and shall be incorporated into the
contract. The measures and standards shall be used by the governmental body to
evaluate the performance of the vendor under the contract.

(b) An accountability section that requires the vendor to report regularly on
achievement of the performance measures and standards specified in the contract
and that allows the governmental body to withhold payment until successful
completion of all or part of the contract and the achievement of established
performance standards. The accountability section shall include a requirement that
payment by the governmental body to the vendor shall be made without delay upon
successful completion of all or any part of the contract in accordance with the
payment schedule specified in the contract or as otherwise agreed upon by the
parties.

(c) Monitoring requirements that specify how the governmental body will
evaluate the vendor's performance, including progress reports, site visits,
inspections, and reviews of performance data. The governmental body shall use one
or more monitoring processes to ensure that the results, objectives, and obligations
of the contract are met.

(d) Methods and mechanisms to resolve any situation in which the
governmental body's monitoring assessment determines noncompliance, including
termination of the contract.

(3) Each governmental body administering the personal services contract
shall, within existing resources of the governmental body, designate a contract
manager with subject matter expertise within the governmental body responsible
for day-to-day management of the contract, including performance monitoring.

(4) If the governmental body determines that the vendor has not complied
with the contract terms, including but not limited to performance standards and
measurable outcomes, the state may pursue remedies in accordance with article
109 of this title 24 and shall be entitled to any remedy available under law in the
case of contract nonperformance, including but not limited to termination of the
contract and the return of any and all payments made to the vendor by the state
under the contract; except that the recovery of any moneys by the state shall be
reduced by the value of any contractual benefits realized by the state from partial
performance by the vendor under the contract. If a vendor is deemed to be in
default under any one particular contract with the state, the state may, upon a
showing of good cause, declare any or all other contracts it has entered into with
the vendor to be in default.

(5) Notwithstanding this section to the contrary, this section does not apply
to any contract to which the state is a party under medicare, the Colorado Medical
Assistance Act, articles 4 to 6 of title 25.5, or the Children's Basic Health Plan
Act, article 8 of title 25.5.

Legislative History

Source: L. 2017: Entire section added with relocated provisions, (HB 17-1051), ch. 99, p. 331, � 38, effective August 9. L. 2024: (5) amended, (HB 24-1399), ch. 76, p. 256, � 18, effective July 1, 2025.