Final
Bill C-State Procurement

STATE PROCUREMENT PROCESS

Votes:
Action Taken:
Adopt a conceptual amendment to draft Bill C (Atta
Adopt a conceptual amendment to draft Bill C (Atta
Adopt a conceptual amendment to draft Bill C, page
Adopt draft Bill C (Attachment C), as amended. Th
Amend draft Bill C (Attachment C), page 5, line 27
Amend draft Bill C, page 4, line 26, strike the bl		Pass Without Objection
Pass Without Objection
Pass Without Objection
PASS
Pass Without Objection
Pass Without Objection



09:27 AM

Senator Groff explained the provisions of draft bill C - Concerning State Procurement (Attachment C). He explained that the bill requires that the existing state database of state contract vendors include information to allow the Department of Personnel and Administration to evaluate whether a vendor has met certain contractual performance standards. The name of a vendor may be removed from the database for poor performance or gross negligence. In addition, the bill requires prospective vendors, prior to contracting with the state, to disclose in a statement of work where services will be performed under the contract, and to specify if any of the services will be performed outside of Colorado or the United States. If the work is to be performed outside of Colorado or the United States, the bill requires the vendor to specify why it is necessary for the work to be performed outside of the state. In addition, the bill requires any contract entered into pursuant to the state procurement code with a certain value to contain certain performance measures and monitoring standards. Under the bill, a person must be designated within each agency to determine whether the required elements of the contracts have been met. Further, the purchasing agency must annually certify whether the vendor on any contract is complying with the terms of the contract.

Senator Takis suggested that the bill be amended to specify that, instead of removing vendors from the database, vendors who perform poorly should be tagged within the database. Representative Garcia discussed the cash funding mechanism for the bill and asked if the state should assess a fee against vendors for the maintenance of the database. Senator Groff stated that the fee should not be so onerous as to discourage vendors from contracting with the state. Mr. Felice asked Senator Groff to comment on the portion of the bill that requires contractors to disclose whether services under the contract are to be performed outside the United States or Colorado. Senator Groff stated that the proposed legislation would give public notice regarding work that was to be performed outside of the United States or Colorado, and that vendors would not be required to change their contracting methods as a result of the disclosed information. Senator Groff and the committee discussed possible changes to the title of the bill.

BILL:Bill C
TIME: 09:44:10 AM
MOVED:Groff
MOTION:Adopt a conceptual amendment to draft Bill C (Attachment C), specifying that the bill is limited to only those governmental entities whose contracts are dictated by the state procurement code. The amendment was adopted without objection.
SECONDED:
VOTE
Adams
Felice
Garcia
Hanna
Houlihan
Kerr
Liston
Marshall
Owen
Takis
Teck
Excused
Terry
Weissmann
Groff
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection






BILL:Bill C
TIME: 09:46:20 AM
MOVED:Groff
MOTION:Amend draft Bill C (Attachment C), page 5, line 27, after "DESIGNATE", insert "AT LEAST". The amendment was adopted without objection.
SECONDED:
VOTE
Adams
Felice
Garcia
Hanna
Houlihan
Kerr
Liston
Marshall
Owen
Takis
Teck
Excused
Terry
Weissmann
Groff
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:Bill C
TIME: 09:47:51 AM
MOVED:Groff
MOTION:Adopt a conceptual amendment to draft Bill C (Attachment C), regarding section 2 of the bill, requiring that, if, after a contract is awarded, a vendor finds that it must perform work outside of Colorado or the United States, the vendor must file an addendum to the contract describing the contracted work and why the work must be performed outside of the state. The motion was adopted without objection.
SECONDED:
VOTE
Adams
Felice
Garcia
Hanna
Houlihan
Kerr
Liston
Marshall
Owen
Takis
Teck
Excused
Terry
Weissmann
Groff
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


09:48 AM

The committee discussed what contracts should be subject to the contract performance standards specified on pages four through six of the bill. Senator Takis suggested that contracts above $100,000 be subject to the requirements, as contracts below $100,000 are not required to be bid out.
BILL:Bill C
TIME: 09:50:09 AM
MOVED:Garcia
MOTION:Amend draft Bill C, page 4, line 26, strike the blank, and insert "$100,000". The motion passed without objection.
SECONDED:
VOTE
Adams
Felice
Garcia
Hanna
Houlihan
Kerr
Liston
Marshall
Owen
Takis
Teck
Excused
Terry
Weissmann
Groff
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


09:52 AM

Senator Groff discussed an amendment to the bill requiring that the Department of Personnel maintain a list of personal service contracts entered into by the state. Mr. Houlihan discussed several points regarding the bill, and Senator Groff stated that he would work with Mr. Houlihan and the drafter to incorporate Mr. Houlihan's suggestions into the bill.


BILL:Bill C
TIME: 10:02:54 AM
MOVED:Groff
MOTION:Adopt a conceptual amendment to draft Bill C, page 4, after line 19, inserting a requirement for the Department of Personnel and Administration to maintain a public list of personal service contracts that are entered into by the state each fiscal year, and to use consistent definitions and procedures within the contracts. The motion passed without objection.
SECONDED:
VOTE
Adams
Felice
Garcia
Hanna
Houlihan
Kerr
Liston
Marshall
Owen
Takis
Teck
Excused
Terry
Weissmann
Groff
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:Bill C
TIME: 10:06:32 AM
MOVED:Groff
MOTION:Adopt draft Bill C (Attachment C), as amended. The motion passed 8-1-1.
SECONDED:
VOTE
Adams
Felice
Garcia
Yes
Hanna
Yes
Houlihan
Kerr
Yes
Liston
Yes
Marshall
Yes
Owen
No
Takis
Yes
Teck
Excused
Terry
Weissmann
Yes
Groff
Yes
Final YES: 8 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS



10:06 AM

Senator Groff announced that he would carry the bill as the Senate Prime sponsor, and Representative Garcia agreed to carry the bill as the House Prime sponsor. Senators Hanna and Takis and Representatives Marshall and Weissmann were added as cosponsors. The committee agreed that the bill should not have a safety clause.