purchasing

Colorado Resident Bidder Preference

Revised March 2, 2015

Colorado Revised Statutes, §8-18-103. When purchasing agricultural products, contract shall be awarded to resident bidder as defined in §8-19-102 (person, partnership, corporation, or joint venture authorized to transact business in Colorado and maintains its principal place of business in Colorado or person, partnership, corporation, or joint venture authorized to transact business in Colorado, maintains place of business in Colorado, and has paid Colorado unemployment compensation for at least six of eight quarters prior to bidding on construction contract for public project) who produces products in Colorado if of equal quality, suitable for required use, sufficient in quantity, and bid or quoted price either does not exceed or reasonably exceeds lowest bid or price quoted for products produced outside Colorado. Whether a bid or quoted price "reasonably exceeds" a lowest bid or price quoted is determined based on the existing budget without further supplemental or additional appropriation.

Colorado Revised Statutes, §8-18-101. When an IFB for a commodities contract results in a low tie bid, a resident bidder is given preference over a nonresident bidder.

Colorado Revised Statutes, §43-1-1406. In awarding a transportation project adjusted score design-build contract, greater value is assigned to a proposal in proportion to the extent the proposal commits to using Colorado residents to perform work on the transportation project. However, the preference is suspended to the extent necessary to prevent denial of federal moneys or to eliminate inconsistency with federal law resulting from application of the preference.

Colorado Revised Statutes, §24-30-1403. In the selection process for professionals required on projects to furnish professional services for which fees equal to or exceed $25,000, Colorado firms are given preference when qualifications appear to be equal. This preference does not apply to the state board of land commissioners in connection with contract expenditures from the board's investment and development fund or the commercial real property operating fund.

Colorado Revised Statutes, §24-103-202.5. When low tie bids are received in response to an IFB for a supply contract from a resident bidder and a nonresident bidder, the resident bidder is given preference. The preference is suspended to the extent necessary to prevent denial of federal moneys or to eliminate inconsistency with federal law resulting from application of the preference.

1 Code of Colorado Regulations, Article 111, R-24-111-102-02. In event of tie bids for commodities, preference is given to resident bidder.

COLORADO RECIPROCAL PREFERENCE

Colorado Revised Statutes, §8-18-101. Except as provided in §8-18-103 or when an IFB for commodities results in a low tie bid, in contracts for commodities or services awarded to a bidder, a Colorado resident bidder is allowed a preference against a nonresident bidder equal to the preference given or required by the state in which the nonresident bidder is a resident. If an IFB for commodities results in a low tie bid, §24-103-202.5 applies.

Colorado Revised Statutes, §8-19-101. When awarding a construction contract for a public project, a Colorado resident bidder is given a preference against a nonresident bidder from another state or foreign country equal to the preference given or required by the state or foreign country in which the nonresident bidder is a resident. This section is suspended to the extent necessary to prevent denial of federal moneys or to eliminate inconsistency with federal law resulting from application of the preference.