Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 12-0563.01 Jason Gelender x4330 SENATE BILL 12-076 SENATE SPONSORSHIP Grantham, Brophy, Mitchell, Lundberg, Cadman, Scheffel, King K., Neville, Renfroe, Roberts, White HOUSE SPONSORSHIP (None), Senate Committees House Committees Transportation A BILL FOR AN ACT Concerning department of transportation rules governing prequalification of a contractor as a bidder for a department project, and, in connection therewith, prohibiting the department from promulgating or enforcing any rule that allows the department to rely on a contractor's lack of experience in successfully bidding for and completing department projects to disqualify the contractor from prequalification if the contractor has experience in successfully completing local street or bridge or county road or bridge projects or has other construction experience that would cause a reasonable person to believe that the contractor will be able to successfully complete the project. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill prohibits the department of transportation (CDOT) from promulgating or enforcing any rule that allows CDOT to rely on a contractor's lack of experience in successfully bidding for and completing CDOT projects to disqualify the contractor from prequalification as a bidder for a CDOT project if the contractor has experience in successfully completing local street or bridge or county road or bridge projects or has other construction experience that would cause a reasonable person to believe that the contractor is qualified to complete the project. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, amend 24-92-110 as follows: 24-92-110. Rules. The executive director of the department of personnel shall promulgate rules and regulations which are designed to implement the provisions of this article; except that the executive director of the department of transportation shall promulgate rules and regulations relating to bridge and highway construction bidding practices including, notwithstanding any other provisions of this article, rules governing debarment of contractors. The executive director of the department of transportation shall not promulgate or enforce any rule that allows the department to rely on a contractor's lack of experience in successfully bidding for and completing department projects to disqualify the contractor from prequalification as a bidder for a department project if the contractor has experience in successfully completing local street or bridge or county road or bridge projects or has other construction experience that would cause a reasonable person to believe that the contractor will be able to successfully complete the project. The Rules promulgated pursuant to this section shall include provisions requiring agencies of government to keep certain public project records, even if duplicative, in accordance with generally accepted cost accounting principles and standards. SECTION 2. In Colorado Revised Statutes, amend 24-93-107 as follows: 24-93-107. Supplemental provisions. The executive director of the department of personnel may establish supplemental provisions that are designed to implement the provisions of this article; except that the executive director of the department of transportation may establish supplemental provisions relating to bridge and highway construction contract procurement practices, including, notwithstanding any other provision of this article, provisions governing debarment of participating entities. The executive director of the department of transportation shall not establish any supplemental provision that allows the department to rely on a contractor's lack of experience in successfully bidding for and completing department IPD contracts or other department projects to disqualify the contractor from prequalification as a bidder for a department project to be completed pursuant to an IPD contract if the contractor has experience in successfully completing local street or bridge or county road or bridge projects or has other construction experience that would cause a reasonable person to believe that the contractor will be able to successfully complete the project. SECTION 3. Act subject to petition - effective date - applicability. (1) This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 7, 2012, if adjournment sine die is on May 9, 2012); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2012 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. (2) The provisions of this act apply to applications for prequalification as a bidder for department of transportation projects submitted to the department on or after the applicable effective date of this act.