First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 13-0334.01 Nicole Myers x4326 SENATE BILL 13-034 SENATE SPONSORSHIP Lundberg, Lambert, Brophy, Cadman, Grantham, Harvey, Renfroe, Scheffel HOUSE SPONSORSHIP (None), Senate Committees House Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning the requirement that a governmental body that receives a proposal on an electronic device in response to its request for proposals return the electronic device to the offeror after the contract award. 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.) If an offeror submits a proposal to a governmental body in response to the governmental body's request for proposals (RFP) and the proposal is submitted on one or more electronic devices that costs over $50 each, the bill requires the governmental body to return each electronic device to the respective offerors after the contract award. The governmental body is required to return the electronic device regardless of whether the offeror submitted the proposal on such device by choice or because it was required in the RFP. The procurement officer for the governmental body or his or her designee is required to ensure that: Upon receipt of a proposal on an electronic device, the electronic device is labeled as the property of the offeror; and Prior to returning the electronic device to the offeror, the content of the offeror's proposal is erased and each electronic device is returned to the factory settings. The governmental body may require each offeror to pay the costs associated with returning the electronic devices to the respective offeror. The executive director is required to promulgate procedures to facilitate the implementation of the bill. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 24-103-203.5 as follows: 24-103-203.5. Proposals submitted on electronic devices - definition. (1) If an offeror submits a proposal to a governmental body in response to the governmental body's request for proposals pursuant to the code or pursuant to the "Integrated Delivery Method for Public Projects Act", article 93 of this title, and the proposal is submitted on one or more electronic devices either by the offeror's choice or because it is required by the request for proposals, the governmental body must return each electronic device to the respective offerors after the contract award. For the purposes of this section, "electronic device" means an electronic device that costs more than fifty dollars. (2) Upon receipt of a proposal on one or more electronic devices, the governmental body's procurement officer or his or her designee shall ensure that each electronic device is labeled as the property of the offeror to facilitate the return of the electronic device to the appropriate offeror. (3) Before returning each electronic device to the appropriate offeror, the governmental body's procurement officer or his or her designee shall ensure that all content containing the offeror's proposal is erased and that each electronic device is returned to the factory settings. (4) The governmental body may require each offeror to pay the costs associated with returning the electronic devices to the respective offeror. If the offeror will be required to pay such costs, the governmental body must include notice of the requirement in the request for proposals. (5) The executive director shall promulgate, in accordance with the "State Administrative Procedure Act", article 4 of this title, procedures to facilitate the implementation of this section, including the following: (a) A procedure, developed in consultation with the appropriate state information technology personnel, to erase from each electronic device all content containing an offeror's proposal and to return the electronic device to the factory settings; (b) A procedure to label each electronic device on which a governmental body receives a proposal as the property of each respective offeror; and (c) A procedure to ship, deliver, make available for pickup, or otherwise return each electronic device to the appropriate offeror after the contract award. SECTION 2. 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, 2013, if adjournment sine die is on May 8, 2013); 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 2014 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. (2) This act applies to requests for proposals issued on or after the applicable effective date of this act.