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Legislative Year: 2021 Change

Bill Detail: SB21-165

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Title Colorado Department Of Transportation Project Procurement Methods
Status Senate Committee on Transportation & Energy Postpone Indefinitely (03/25/2021)
Bill Subjects
  • State Government
  • Transportation & Motor Vehicles
House Sponsors
Senate Sponsors R. Scott (R)
House Committee
Senate Committee Transportation and Energy
Date Introduced 03/02/2021

Section 2 of the bill requires the Colorado department of
transportation (CDOT) to solicit construction contracts for public projects
by invitation for bids, also known as the design bid build method of
procurement, unless CDOT determines, based on specific written findings
that CDOT posts on its website prior to awarding a contract, that it is not

feasible to do so and that soliciting the contract through an alternative
procurement method authorized by law such as competitive sealed best
value bidding, an integrated product delivery contract, a public-private
initiative, or a design-build contract is likely to cause the project to be
completed faster, at a lower cost, or to a higher standard of quality than
if the project was solicited by an invitation for bids. Section 4 prohibits
CDOT from refusing to prequalify a contractor to bid on CDOT projects
or reducing the scope of prequalification granted based on the contractor's
lack of prior opportunity to demonstrate performance on past department
contracts if the bidder can demonstrate its experience, past performance,
expertise, and financial capacity through its work on construction
contracts in other states or for county, municipal, or other local
governments in Colorado.
Sections 3, 5, 6, 7, 9, 11, and 12 ensure that the requirements and
prohibitions set forth in sections 2 and 4 apply to CDOT project
procurement through the alternative methods of competitive sealed best
value bidding, integrated product delivery contracts, public-private
initiatives, and design-build contracts.
Section 8 requires CDOT to disclose to the public its rationale for
selecting a specific participating entity to which it has awarded an
integrated product delivery contract. Section 10 requires CDOT to
disclose to the public its rationale for entering into the public-private
initiative agreement for a project in lieu of soliciting a contractor for the
project by invitation for bids or for best value bids and its rationale for
selecting each private or public entity that is a party to the agreement over
any other unselected private or public entities that submitted comparable

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