(1) The principal representative shall
negotiate a contract with the highest qualified person providing professional
services for such services at compensation which the principal representative
determines in writing to be fair and reasonable. In making such decision, the
principal representative shall take into account the estimated value of the services
to be rendered and the scope, complexity, and professional nature thereof. For all
lump-sum or cost-plus-a-fixed-fee professional service contracts, the principal
representative shall require the firm receiving the award to execute a certificate
stating that wage rates and other factual unit costs supporting the compensation
to be paid by the state agency or state institution of higher education for the
professional services are accurate, complete, and current at the time of
contracting. Any professional service contract under which such a certificate is
required shall contain a provision that the original contract price and any additions
thereto shall be adjusted to exclude any significant sums by which the principal
representative determines the contract price had been increased due to inaccurate,
incomplete, or noncurrent wage rates and other factual unit costs. All such contract
adjustments shall be made within one year following the end of the contract.
(2) If the principal representative is unable to negotiate a satisfactory
contract with the person considered to be the most qualified at a price the principal
representative determines to be fair and reasonable, negotiations with that person
shall be formally terminated. The principal representative shall then undertake
negotiations with the second most qualified person. If the principal representative
fails to negotiate a contract with the second most qualified person, the principal
representative shall formally terminate such negotiations. The principal
representative shall then undertake negotiations with the third most qualified
person.
(3) Upon completion of negotiations with the third most qualified person, the
principal representative shall be allowed to enter into renegotiations with any or all
of the three most qualified persons to arrive at a satisfactory contractual
arrangement, if possible. The principal representative shall have the authority to
reject all bids and restructure or redesign the proposed project.
(4) Each contract for professional services entered into by the principal
representative shall contain a prohibition against contingent fees as follows: The
architect, or professional land surveyor, or professional engineer, or landscape
architect, as applicable, warrants that he has not employed or retained any
company or person, other than a bona fide employee working solely for him, to
solicit or secure this contract and that he has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working
solely for him, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or the making of this contract.
(5) Upon any violation of this section, the principal representative shall have
the right to terminate the contract without liability and, at its discretion, to deduct
from the contract price, or otherwise recover, the full amount of such fee,
commission, percentage, or consideration.
(6) Nothing in this part 14 shall be construed to prohibit continuing contracts
between state agencies or state institutions of higher education and persons
providing professional services. All selections, contracts, and negotiations
undertaken pursuant to this part 14 and all processes and procedures in connection
with such matters shall be in conformity with this part 14.
(7) (a) Except as provided in subsections (7)(b), (7)(c), (7)(e), and (7)(f) of this
section, any professional services contract entered into pursuant to this part 14
must be executed and encumbered within six months after the date on which the
appropriation that includes the project for which the professional services are
required becomes law or on or before November 1 of the state fiscal year for which
the appropriation that includes the project for which the professional services are
required is authorized, whichever is later. If no professional services contract is
required for a particular project, the contract with the contractor for the project
must be entered into within six months after the appropriation or on or before
November 1 of the state fiscal year for which the appropriation is authorized,
whichever is later. If a state agency or state institution of higher education
determines that the nature of a particular project is such that the deadlines
imposed by this section cannot be met, the state agency or state institution of
higher education may request the capital development committee to recommend to
the controller that the deadline be extended for that project; except that for fee
title acquisitions by the division of parks and wildlife in the department of natural
resources, the deadline may be waived. The controller, in consultation with the
capital development committee, may grant an extension of the deadlines or a
waiver, if applicable. An extension that is recommended or granted pursuant to this
subsection (7)(a) shall not exceed six months.
(b) (I) This subsection (7) does not affect any priority established pursuant to
section 44-40-111 (11) in the general appropriation act for expenditures for projects
to be financed from net lottery proceeds appropriated for capital construction.
(II) For projects funded with net lottery proceeds, any professional services
contract must be executed and encumbered and any contract with the contractor
must be entered into within six months of when an agency receives a distribution
from such proceeds for a particular project.
(c) This subsection (7) does not apply to:
(I) Maintenance, repair, and improvement projects included in the capital
construction section of the general appropriation act or in any supplemental
appropriation act for the division of parks and wildlife in the department of natural
resources;
(II) The acquisition of any easement by the division of parks and wildlife in
the department of natural resources;
(III) Grants for off-highway vehicle trail purposes made pursuant to section
33-14.5-106, C.R.S.;
(IV) Projects included in the capital construction section of the general
appropriation act for the hazardous materials and waste management division in
the department of public health and environment, or in any supplemental
appropriation act, which projects are listed as remediation pursuant to the federal
Comprehensive Environmental Response, Compensation, and Liability Act of
1980, 42 U.S.C. sec. 9601 et seq., as amended, brownfields redevelopment, or
natural resource damage repair, replacement, or restoration.
(V) Projects under the supervision of the department of transportation;
(VI) A capital construction project at a state institution of higher education
that is to be constructed solely with cash funds held by the institution, federal
funds made available for the project, or a combination of both;
(VII) The state board of land commissioners, established in article 1 of title
36, in connection with contract expenditures from the state board of land
commissioners investment and development fund created in section 36-1-153, or
the commercial real property operating fund created in section 36-1-153.7; or
(VIII) Information technology projects that are overseen by the joint
technology committee pursuant to part 17 of article 3 of title 2. As used in this
subsection (7)(c)(VIII), information technology has the same meaning as set forth
in section 2-3-1701 (7).
(d) The provisions of this subsection (7) shall not be construed to limit the
authority of any state agency or state institution of higher education to amend a
contract in order to provide for technical corrections, provision of unanticipated
work, extensions of performance periods, or other modifications which are
necessary to secure satisfactory completion of the work and provision of goods and
services within the scope of the original contract.
(e) In the event that the governor restricts or delays the expenditure of
money for a project for which a professional services contract is required pursuant
to the authority granted to the governor in section 24-75-201.5 (2), the deadlines
imposed in subsection (7)(a) of this section for the projects are tolled until such
time as the restriction or delay is no longer in effect, at which time the professional
services contract must be executed and encumbered and any contract with the
contractor must be entered into within six months.
(f) In the event that an appropriation is made to a state agency or state
institution of higher education for allocation to other state agencies or state
institutions of higher education, the deadline to execute and encumber a contract
by the agency or institution receiving the allocation is six months from the date of
the allocation by the agency or institution that received the original appropriation.
Nothing in this subsection (7)(f) is construed to extend the duration of any
appropriation.
(g) and (h) Repealed.
Source: L. 79: Entire part added, p. 892, � 1, effective July 1. L. 81: (3) R&RE, p.
1165, � 1, effective January 1, 1982. L. 84: (4) amended, p. 1121, � 23, effective June 7. L. 89: (7) added, p. 1027, � 3, effective April 27. L. 90: (7) amended, p. 1192, � 1,
effective April 12. L. 91: (7)(a) amended and (7)(e) added, p. 804, � 1, effective July 1;
(7)(a) amended, p. 1059, � 18, effective July 1. L. 95: (7)(a) amended and (7)(f) added,
p. 164, � 1, effective April 7. L. 2007: (7)(a) and (7)(c) amended, p. 494, � 1, effective
August 3. L. 2008: (7)(c)(II) amended and (7)(c)(IV) added, p. 176, � 14, effective
March 24; (7)(a) amended and (7)(g) added, p. 261, � 82, effective March 31. L. 2009: (7)(g) amended, (SB 09-096), ch. 60, p. 217, � 1, effective March 25; (7)(g) amended,
(SB 09-022), ch. 246, p. 1112, � 6, effective May 14. L. 2010: (7)(c)(IV) amended, (HB
10-1422), ch. 419, p. 2083, � 62, effective August 11. L. 2012: (7)(g)(I) amended, (HB
12-1081), ch. 210, p. 903, � 5, effective August 8. L. 2013: (7)(g)(II) amended, (HB 13-1274), ch. 376, p. 2217, � 8, effective June 5. L. 2014: (1), (6), (7)(a), (7)(d), (7)(f), and
(7)(g)(I) amended, (HB 14-1387), ch. 378, p. 1839, � 39, effective June 6. L. 2016: (7)(a) amended and (7)(h) added, (HB 16-1043), ch. 29, p. 66, � 1, effective August 10. L. 2018: (7)(a) amended, (HB 18-1027), ch. 31, p. 364, � 12, effective October 1. L.
2022: (7)(h) amended, (SB 22-113), ch. 463, p. 3294, � 8, effective August 10. L.
2025: (7)(a), (7)(b), IP(7)(c), (7)(e), and (7)(f) amended, (7)(c)(V), (7)(c)(VI), (7)(c)(VII),
and (7)(c)(VIII) added, and (7)(g) and (7)(h) repealed, (HB 25-1313), ch. 405, p. 2311, �
5, effective August 6. L. 2025, 1st Ex. Sess.: (7)(e) amended, (SB 25B-001), ch. 11, p.
70, � 3, effective August 28.