|
|
|
|
||
|
|
||||
|
|
|
|||
|
|
||||
|
|
||||
|
|
|
|
|
|
||
|
|
||||
|
|
(1) When purchasing agricultural products, a governmental body, as defined
in section 24-101-301
(10), C.R.S., shall award the contract to a resident bidder, as defined in
section 8-19-102
(2), who produces products in the state, subject to the conditions in
subsection (2) of this section. |
|
||
|
|
||||
|
|
||||
|
|
|
|
||
|
|
||||
|
|
(2) The preference in subsection (1) of this section shall apply only if
the following conditions are met: |
|
||
|
|
||||
|
|
||||
|
|
|
|
||
|
|
||||
|
|
(a) The quality of available products produced in the state is equal to
the quality of products produced outside the state; |
|
||
|
|
||||
|
|
||||
|
|
|
|
||
|
|
||||
|
|
(b) Available products produced in the state are suitable for the use
required by the purchasing entity; |
|
||
|
|
||||
|
|
||||
|
|
|
|
||
|
|
||||
|
|
(c) The resident bidder is able to supply products produced in the state
in sufficient quantity, as indicated in the invitation for bids; and |
|
||
|
|
||||
|
|
||||
|
|
|
|
||
|
|
||||
|
|
(d) (I) The resident bidder's bid or quoted price for products produced in
the state does not exceed the lowest bid or price quoted for products
produced outside the state or the resident bidder's bid or quoted price
reasonably exceeds the lowest bid or price quoted for products produced
outside the state. |
|
||
|
|
||||
|
|
||||
|
|
|
|
||
|
|
||||
|
|
(II) For purposes of this paragraph (d), "reasonably exceeds"
shall occur when the head of the governmental body, or other public officer
charged by law with the duty to purchase such products, at his or her sole
discretion, determines such higher bid to be reasonable and capable of being
paid out of that governmental body's existing budget, without any further
supplemental or additional appropriation. |
|
||
|
|
||||
|
|
||||
|
|
|
|
||
|
|
||||
|
|
(3) (a) For purposes of this section, an
agricultural product is produced in the state if it is grown, raised, or
processed in the state. |
|
||
|
|
||||
|
|
||||
|
|
|
|
||
|
|
||||
|
|
(b) A resident bidder that seeks to qualify for the preference created by
subsection (1) of this section shall certify to the governmental body
inviting the bid and provide documentation confirming that the resident
bidder's agricultural product was produced in the state. The governmental
body may rely in good faith on such certification and documentation. |
|
||
|
|
||||
|
|
||||
|
|
|
|
||
|
|
||||
|
|
(4) A governmental body shall report to the joint budget committee of the
general assembly, or any successor committee, any cost increases associated
with the provisions of this section during the previous fiscal year. |
|
||
|
|
||||
|
|
||||
|
|
|
|
||
|
|
||||
|
|
(5) This section shall apply to contracts governed by the
"Procurement Code" in articles 101 to 112 of title 24,
C.R.S. |
|
||
|
|
||||
|
|
||||
|
|
|
|
|
|
||
|
|
||||
|
|
Source: L. 2004: Entire section added, p. 270, § 2,
effective August 4. L. 2005: (1) and (2)(d)
amended and (4) and (5) added, p. 1485, § 1, effective August 8. |
|
||