§ 24-92-102 — Definitions

As used in this article 92, unless the context
otherwise requires:

(1) Agency of government means any agency, department, division, board,
bureau, commission, institution, or section of this state which is a budgetary unit
exercising construction contracting authority or discretion.

(2) Construction contract or contract means any agreement for building,
altering, repairing, improving, or demolishing any public project of any kind. For the
purposes of this article, the terms include capital construction, capital renewal, and
controlled maintenance, as defined in section 24-30-1301.

(3) Cost means the total cost of labor, materials, provisions, supplies,
equipment rentals, equipment purchases, insurance, supervision, engineering,
clerical, and accounting services, the value of the use of equipment, including its
replacement value, owned by a state agency, and reasonable estimates of other
administrative costs not otherwise directly attributable to the public project which
may be reasonably apportioned to such project in accordance with generally
accepted cost accounting principles and standards.

(4) 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 article.

(5) Invitation for bids means all documents, whether attached or
incorporated by reference, utilized for soliciting bids.

(6) Low responsible bidder means any contractor who has bid in
compliance with the invitation to bid and within the requirements of the plans and
specifications for a public project, who is the low bidder, and who has furnished
bonds or their equivalent as required by law.

(7) Project description means the words used in a solicitation to describe
the construction to be performed, and includes specifications attached to, or made
a part of, the solicitation.

(8) (a) Public project means any construction, alteration, repair, demolition,
or improvement of any land, building, structure, facility, road, highway, bridge, or
other public improvement suitable for and intended for use in the promotion of the
public health, welfare, or safety and any maintenance programs for the upkeep of
such projects.

(b) Except as provided in paragraph (c) of this subsection (8), public project
does not include any project for which appropriation or expenditure of moneys may
be reasonably expected not to exceed five hundred thousand dollars in the
aggregate for any fiscal year. Nothing in this paragraph (b) shall affect the
requirements for the delivery of bonds or security pursuant to sections 24-105-202,
38-26-105, and 38-26-106, C.R.S.

(c) Public project does not include any project under the supervision of the
department of transportation for which appropriation or expenditure of funds may
be reasonably expected not to exceed three hundred thousand dollars in the
aggregate of any fiscal year, annually adjusted for inflation as provided in section
24-92-109 (1)(b).

(9) Responsible officer means the person having overall contract
administration responsibility for an agency of government.

Legislative History

Source: L. 81: Entire article added, p. 1254, � 1, effective July 1. L. 98: (8) amended, p. 1042, � 1, effective August 5. L. 2001: (8)(b) amended, p. 214, � 1, effective August 8. L. 2010: (8)(b) amended, (HB 10-1181), ch. 351, p. 1628, � 22, effective June 7. L. 2014: (2) amended, (HB 14-1387), ch. 378, p. 1852, � 60, effective June 6. L. 2021: IP and (8)(c) amended, (HB 21-1056), ch. 181, p. 977, � 1, effective September 7. L. 2024: (8)(c) amended, (HB 24-1143), ch. 114, p. 369, � 1, effective August 7.