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First Regular Session

Sixty-first General Assembly

LLS NO. 97­0019.01 GWF SENATE BILL 97­004

STATE OF COLORADO

BY SENATOR Schroeder;

also REPRESENTATIVE Anderson.

BUSINESS AFFAIRS & LABOR

A BILL FOR AN ACT

CONCERNING THE ESTABLISHMENT OF A PROGRAM BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PERSONNEL TO ASSIST SMALL BUSINESSES IN OBTAINING PROCUREMENT CONTRACTS WITH THE STATE OF COLORADO.

Bill Summary

"Small Business Procurement Contracts"

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Directs the executive director of the department of personnel to promulgate rules to establish a Colorado small business procurement program. Requires the executive director to promulgate rules and implement the program on or before July 1, 1998. Provides that the executive director shall provide assistance to eligible small businesses in awarding contracts with the state for the procurement or disposal of supplies, services, or construction.

Sets forth the following nonexclusive methods the program shall include to assist small businesses:

Defines "eligible small business" as a business with 25 or fewer full­time equivalent employees and with its principal office located in the state of Colorado.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Article 111 of title 24, Colorado Revised Statutes, 1988 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:

24­111­104.  Colorado small business procurement program. (1)  NOTWITHSTANDING THE REQUIREMENTS OF SECTION 24­103­201, THE EXECUTIVE DIRECTOR SHALL PROMULGATE RULES TO ESTABLISH AND ADMINISTER A COLORADO SMALL BUSINESS PROCUREMENT PROGRAM FOR THE STATE ON OR BEFORE JULY 1, 1998. SUCH RULES SHALL BE PROMULGATED IN ACCORDANCE WITH ARTICLE 4 OF THIS TITLE. THE EXECUTIVE DIRECTOR SHALL ESTABLISH AND IMPLEMENT THE COLORADO SMALL BUSINESS PROCUREMENT PROGRAM ON OR BEFORE JULY 1, 1998.

(2)  IN PROMULGATING RULES PURSUANT TO THIS SECTION, THE EXECUTIVE DIRECTOR SHALL PROVIDE SUCH ASSISTANCE TO ELIGIBLE SMALL BUSINESSES AS THE EXECUTIVE DIRECTOR DETERMINES APPROPRIATE TO PROMOTE THE PARTICIPATION OF SMALL BUSINESSES LOCATED IN COLORADO IN THE PERFORMANCE OF CONTRACTS WITH THE STATE OF COLORADO FOR THE PROCUREMENT OR DISPOSAL OF SUPPLIES, SERVICES, OR CONSTRUCTION.

(3)  THE TYPES OF ASSISTANCE PROVIDED TO SMALL BUSINESSES UNDER ANY RULE PROMULGATED BY THE EXECUTIVE DIRECTOR PURSUANT TO THIS SECTION SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, THE FOLLOWING:

(a)  RESTRICTING THE AWARD OF CERTAIN SMALLER CONTRACTS TO ONLY ELIGIBLE SMALL BUSINESSES;

(b)  INCREASING THE NUMBER OF SMALLER CONTRACTS AWARDED TO ELIGIBLE SMALL BUSINESSES;

(c)  RECRUITING AND ENCOURAGING PRIME CONTRACTORS AND CONSULTANTS TO PROVIDE JOB TRAINING AND ASSISTANCE TO ELIGIBLE SMALL BUSINESS SUBCONTRACTORS AND SUBCONSULTANTS;

(d)  ADJUSTING THE POINTS AWARDED IN THE EVALUATION OF ANY PROSPECTIVE CONSULTANT OR CONTRACTOR WHO IS AN ELIGIBLE SMALL BUSINESS OR WHO WILL HIRE ELIGIBLE SMALL BUSINESSES AS SUBCONSULTANTS OR SUBCONTRACTORS TO PERFORM CONTRACTS; AND

(e)  PROVIDING TECHNICAL ASSISTANCE TO SMALL BUSINESSES.

(4)  FOR THE PURPOSES OF THIS SECTION, "ELIGIBLE SMALL BUSINESS" MEANS A BUSINESS WITH A TOTAL OF TWENTY­FIVE OR FEWER FULL­TIME EQUIVALENT EMPLOYEES AND WITH ITS PRINCIPAL OFFICE LOCATED IN THE STATE OF COLORADO.

SECTION 2.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.