C.R.S. § 24-92-101 Short title
24-92-101. Short title. This article shall be known and may be cited as the "Construction Bidding for Public Projects Act".
Construction Bidding for Public Projects
C.R.S. tit. 24, art. 92
in effectC.R.S. § 24-92-102 Definitions
24-92-102. Definitions. As used in this article 92, unless the context otherwise requires:
(1) "Agency of government" means any agency, department, division, board, bureau, commission, institution, or section of this state which is a budgetary unit exercising construction contracting authority or discretion.
(2) "Construction contract" or "contract" means any agreement for building, altering, repairing, improving, or demolishing any public project of any kind. For the purposes of this article, the terms include capital construction, capital renewal, and controlled maintenance, as defined in section 24-30-1301.
(3) "Cost" means the total cost of labor, materials, provisions, supplies, equipment rentals, equipment purchases, insurance, supervision, engineering, clerical, and accounting services, the value of the use of equipment, including its replacement value, owned by a state agency, and reasonable estimates of other administrative costs not otherwise directly attributable to the public project which may be reasonably apportioned to such project in accordance with generally accepted cost accounting principles and standards.
(4) "Cost-reimbursement contract" means a contract under which a contractor is reimbursed for costs which are allowable and allocable in accordance with the contract terms and the provisions of this article.
(5) "Invitation for bids" means all documents, whether attached or incorporated by reference, utilized for soliciting bids.
(6) "Low responsible bidder" means any contractor who has bid in compliance with the invitation to bid and within the requirements of the plans and specifications for a public project, who is the low bidder, and who has furnished bonds or their equivalent as required by law.
(7) "Project description" means the words used in a solicitation to describe the construction to be performed, and includes specifications attached to, or made a part of, the solicitation.
(8) (a) "Public project" means any construction, alteration, repair, demolition, or improvement of any land, building, structure, facility, road, highway, bridge, or other public improvement suitable for and intended for use in the promotion of the public health, welfare, or safety and any maintenance programs for the upkeep of such projects.
(b) Except as provided in paragraph (c) of this subsection (8), "public project" does not include any project for which appropriation or expenditure of moneys may be reasonably expected not to exceed five hundred thousand dollars in the aggregate for any fiscal year. Nothing in this paragraph (b) shall affect the requirements for the delivery of bonds or security pursuant to sections 24-105-202, 38-26-105, and 38-26-106, C.R.S.
(c) "Public project" does not include any project under the supervision of the department of transportation for which appropriation or expenditure of funds may be reasonably expected not to exceed three hundred thousand dollars in the aggregate of any fiscal year, annually adjusted for inflation as provided in section 24-92-109 (1)(b).
(9) "Responsible officer" means the person having overall contract administration responsibility for an agency of government.
C.R.S. § 24-92-103 Construction of public projects - invitation for bids
24-92-103. Construction of public projects - invitation for bids. (1) All construction contracts for public projects that do not receive federal moneys may be solicited by invitation for bids pursuant to this section.
(2) An invitation for bids shall be issued and shall include a project description and all contractual terms and conditions applicable to the public project.
(3) Adequate public notice of the invitation for bids shall be given at least fourteen days prior to the date set forth therein for the opening of bids, pursuant to rules. Such notice may include publication by electronic online access pursuant to section 24-92-104.5 or in a newspaper of general circulation at least fourteen days prior to bid opening or in an electronic medium approved by the executive director of the department of personnel.
(4) Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the invitation for bids. The amount of each bid and such other relevant information as may be specified by rules, together with the name of each bidder, shall be entered on a record, and the record shall be open to public inspection. After the time of the award, all bids and bid documents shall be open to public inspection in accordance with the provisions of sections 24-72-203 and 24-72-204.
(5) Bids shall be unconditionally accepted, except as authorized by subsection (7) of this section. Bids shall be evaluated based on the requirements set forth in the invitation for bids, which may include criteria to determine acceptability, such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in the evaluation for award shall be objectively measurable, such as discounts, transportation costs, and total or life-cycle costs.
(6) Withdrawal of inadvertently erroneous bids before the award may be permitted pursuant to rules if the bidder submits proof of evidentiary value which clearly and convincingly demonstrates that an error was made. Except as otherwise provided by rules, all decisions to permit the withdrawal of bids based on such bid mistakes shall be supported by a written determination made by the responsible officer.
(7) The contract shall be awarded with reasonable promptness by written notice to the low responsible bidder whose bid meets the requirements and criteria set forth in the invitation for bids. In the event that all bids for a construction project exceed available funds, as certified by the appropriate fiscal officer, the responsible officer is authorized, in situations where time or economic considerations preclude resolicitation of work of a reduced scope, to negotiate an adjustment of the bid price with the low responsible bidder in order to bring the bid within the amount of available funds; except that the functional specifications integral to completion of the project may not be reduced in scope, taking into account the project plan, design, and specifications and quality of materials.
C.R.S. § 24-92-103.5 Construction of public projects - invitation for best value bids
24-92-103.5. Construction of public projects - invitation for best value bids. (1) All construction contracts for public projects that do not receive federal moneys may be awarded through competitive sealed best value bidding pursuant to this section.
(2) An invitation for bids under competitive sealed best value bidding shall be made in the same manner as provided in section 24-92-103 (2), (3), and (4); except that adequate public notice of the invitation for bids shall be given at least thirty days prior to the date set forth therein for the opening of bids.
(3) The invitation for competitive sealed best value bids must identify the evaluation factors upon which the award will be made. When making the award determination, the responsible officer shall evaluate the factors specified in the invitation for bids and shall not evaluate any other factors other than those specified in the invitation for bids. The factors that must be included in the invitation for bids and that the responsible officer shall consider include, but need not be limited to:
(a) The project price stated in the bid;
(b) The bidder's design and technical approach to the public project;
(c) The experience, past performance, and expertise of the bidder and the bidder's primary subcontractors in connection with prior construction contracts, including its performance in the areas of cost, quality, schedule, safety, compliance with plans and specifications, and adherence to applicable laws and regulations;
(d) The bidder's project management plan for the construction contract that identifies the key management personnel that will be used for the project, the proposed project schedule, the bidder's quality control program and project safety program, financial resources, equipment, and any other information that demonstrates the bidder's competency to perform the contract, including technical qualifications and resources;
(e) The bidder's staffing plan;
(f) The bidder's safety plan and safety record;
(g) The bidder's job standards, including the bidder's method of personnel procurement, employment of Colorado workers, workforce development and long-term career opportunities of workers, the availability of training programs, including apprenticeships registered by the United States department of labor's office of apprenticeship or a state apprenticeship agency recognized by that office, the benefits provided to workers, including health-care and defined benefit or defined contribution retirement benefits, and whether the bidder pays industry-standard wages; and
(h) The availability and use of domestically produced iron, steel, and related manufactured goods to execute the contract.
(4) The contract shall be awarded with reasonable promptness by written notice to the bidder whose bid is determined in writing to be the most advantageous to the state and that represents the best overall value to the state, taking into consideration the price and other evaluation factors set forth in the invitation for bids in accordance with subsection (3) of this section. The contract file maintained by the state must contain the basis on which the award determination was made.
(5) An invitation for best value bids issued pursuant to this section must otherwise comply with the requirements of section 24-103-203 concerning requests for proposals for nonconstruction contracts to the extent that such requirements do not conflict with this section. In the case of a conflict, the provisions of this section supersede.
(6) To ensure that the best value bidding process pursuant to this section is open and transparent to the greatest possible degree:
(a) After selection of most qualified participants, all statements of qualification shall be made available to the public; and
(b) After the contract has been awarded, all requests for proposals shall be made public with the score sheets used to make the bid selection, omitting any confidential corporate information.
C.R.S. § 24-92-103.7 Disclosure - invitation for bids - invitation for best value bids
24-92-103.7. Disclosure - invitation for bids - invitation for best value bids. The executive director of an agency of government or president of an institution of higher education that enters into a construction contract for a public project pursuant to this article 92 that is not funded in any part with federal moneys shall disclose to the public the agency of government's rationale or the institution's rationale for selecting the invitation for bids process pursuant to section 24-92-103 or the invitation for best value bids process pursuant to section 24-92-103.5 for the public project. The agency or institution shall post the disclosure on its website.
C.R.S. § 24-92-104 Exemptions - applicability
24-92-104. Exemptions - applicability. (1) The provisions of sections 24-92-103 and 24-92-103.5 do not apply to:
(a) A public project for which the agency of government receives no bids or for which all bids have been rejected; or
(b) A situation for which the responsible officer determines it is necessary to make emergency procurements or contracts because there exists a threat to public health, welfare, or safety under emergency conditions, but such emergency procurements or contracts shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file.
(c) Contracts for architectural, engineering, land surveying, and landscape architectural services as provided for in part 14 of article 30 of this title.
(2) Nothing in this article shall be construed to affect or limit any additional requirements imposed upon an agency of government for awarding contracts for public projects.
(3) This article shall not apply to any county, municipality, school district, special district, or political subdivision of the state and shall not be construed to affect any requirements which may otherwise apply to such entities for awarding contracts for public projects, except as provided in section 24-92-109.
C.R.S. § 24-92-104.5 Solicitation of bids by electronic online access - department of transportation
24-92-104.5. Solicitation of bids by electronic online access - department of transportation. The executive director of the department of transportation may invite bids using electronic online access, including the internet, for purposes of acquiring construction contracts for public projects on behalf of the department of transportation.
C.R.S. § 24-92-105 Cancellation of invitations for bids
24-92-105. Cancellation of invitations for bids. An invitation for bids or any other solicitation may be canceled or any or all bids or proposals may be rejected in whole or in part as may be specified in the solicitation when it is in the best interests of the agency of government. The reasons for any cancellation or rejection shall be made part of the contract file.
C.R.S. § 24-92-106 Responsibility of bidders and offerors
24-92-106. Responsibility of bidders and offerors. (1) A written determination of nonresponsibility of a bidder or offeror shall be made pursuant to rules. The unreasonable failure of a bidder or offeror to promptly supply information in connection with an inquiry with respect to responsibility may be grounds for a determination of nonresponsibility with respect to such bidder or offeror.
(2) Information furnished by a bidder or offeror pursuant to this section shall not be disclosed without prior written consent by the bidder or offeror.
C.R.S. § 24-92-107 Prequalification of contractors
24-92-107. Prequalification of contractors. Prospective contractors may be prequalified for particular types of construction, and the method of compiling a list of and soliciting from such potential contractors shall be pursuant to rules.
C.R.S. § 24-92-108 Types of contracts
24-92-108. Types of contracts. Subject to the limitations of this section, any type of contract which will promote the best interests of the agency of government may be used; except that the use of a cost-plus-a-percentage-of-cost contract is prohibited. A cost-reimbursement contract may be used only when a determination is made in writing that such contract is likely to be less costly to the agency of government than any other type of contract or that it is impracticable to obtain the construction required unless the cost-reimbursement contract is used.
C.R.S. § 24-92-109 Agency of government to submit cost estimate - definition
24-92-109. Agency of government to submit cost estimate - definition. (1) (a) Whenever an agency of government other than the department of transportation proposes to undertake the construction of a public project reasonably expected to cost in excess of fifty thousand dollars by any means or method other than by a contract awarded by competitive bid, it shall prepare and submit a cost estimate in the same manner as other bidders. If the department of transportation proposes to undertake the construction of a public project by any such means or method, it shall submit a cost estimate when and as required by subsections (1)(b) and (1)(c) of this section. Any agency of government shall not undertake a proposed public project itself unless it shows the lowest cost estimate.
(b) (I) For public projects under the supervision of the department of transportation that the department proposes to undertake by any means or method other than by a contract awarded by competitive bid, the department shall prepare and submit a cost estimate if the cost of the project is reasonably expected to exceed three hundred thousand dollars. The department may adjust this project cost cap annually for inflation and may round the adjusted amount upward to the nearest five thousand dollars.
(II) As used in this subsection (1)(b), "inflation" means the annual percentage change in the United States department of transportation and federal highway administration's national highway construction cost index or a successor index. The department shall publish annually the project cost cap, adjusted for inflation, on its website.
(c) Cost estimates for public projects undertaken by the department of transportation that are reasonably expected to cost more than one hundred fifty thousand dollars but not more than the project cost cap as determined pursuant to subsection (1)(b) of this section shall be submitted to the transportation commission on at least a quarterly basis for its review and approval.
(2) In preparing such cost estimate, the agency of government shall preserve a full, true, and accurate record of the cost of such project. Such records shall be kept and maintained by the responsible officer on behalf of the agency of government. To the extent the agency of government contracts with any other state or local government agency in connection with a public project, such other agency shall provide all necessary data or information to enable the agency of government to document a full, true, and accurate record of the cost of such project, which data or information shall be kept in an orderly manner by the agency of government for a period of at least six years after completion of the project. All such records shall be considered public records and shall be made available for public inspection.
(3) State agencies shall not be required to be bonded when performing the work on a public project.
C.R.S. § 24-92-110 Rules and regulations
24-92-110. Rules and regulations. The executive director of the department of personnel shall promulgate rules and regulations which are designed to implement the provisions of this article 92; 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 92, rules governing debarment of contractors. The rules must 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. In addition, the rules must include criteria to be used by a responsible procurement official in evaluating a response to an invitation for best value bids pursuant to section 24-92-103.5 (3).
C.R.S. § 24-92-111 Audit
24-92-111. Audit. If any agency of government is alleged to be in violation of or in material noncompliance with this article 92 or the rules promulgated thereunder, the legislative audit committee shall be advised, in writing, of the activities alleged to be in violation or noncompliance. The legislative audit committee shall give notice to the agency, which has ten days to respond to the allegation. If the committee thereafter determines that there is a reasonable probability of a violation or material noncompliance, the committee shall take appropriate action and may direct the state auditor to conduct an audit and review of the records being kept by the agency. If the state auditor determines that the agency has violated or has not complied or is not complying with this article 92 or the rules promulgated thereunder, a written report shall be issued to the agency detailing the areas of violation or noncompliance and curative recommendations. The agency shall implement the recommendations of the state auditor within a time period set by the state auditor not to exceed six months.
C.R.S. § 24-92-112 Finality of determinations
24-92-112. Finality of determinations. The determinations required by sections 24-92-103 (6), 24-92-104, 24-92-106 (1), and 24-92-108 are final and conclusive unless they are clearly erroneous, arbitrary, capricious, or contrary to law.
C.R.S. § 24-92-113 Reporting of anticompetitive practices
24-92-113. Reporting of anticompetitive practices. When for any reason collusion or other anticompetitive practices are suspected among any bidders or offerors, a notice of the relevant facts shall be transmitted to the attorney general.
C.R.S. § 24-92-114 Prohibition of dividing work of public project
24-92-114. Prohibition of dividing work of public project. It is unlawful for any person to divide a work of a public project into two or more separate projects for the sole purpose of evading or attempting to evade the requirements of this article.
C.R.S. § 24-92-115 Apprenticeship utilization requirements - mechanical, electrical, and plumbing contracts - public projects - definition
24-92-115. Apprenticeship utilization requirements - mechanical, electrical, and plumbing contracts - public projects - definition. (1) (a) Unless prohibited by applicable federal law, and except as otherwise provided in subsection (1)(b) of this section, the contract for any public works project that does not receive federal money, including a public project that will have an integrated project delivery contract pursuant to article 93 of this title 24, in the amount of one million dollars or more shall require the general contractor or other firm to which the contract is awarded to submit, at the time the mechanical, electrical, or plumbing subcontractor is put under contract, documentation to the agency of government that:
(I) Identifies the contractors or subcontractors that will be used for all mechanical, sheet metal, fire suppression, sprinkler fitting, electrical, and plumbing work required on the project;
(II) Certifies that all firms identified participate in apprenticeship programs registered with the United States department of labor's office of apprenticeship or a state apprenticeship agency recognized by the United States department of labor and have a proven record of graduating apprentices as follows:
(A) Beginning July 1, 2021, through June 30, 2026, a minimum of fifteen percent of its apprentices for at least three of the past five years;
(B) Beginning July 1, 2026, through June 30, 2031, a minimum of twenty percent of apprentices for at least three of the past five years; and
(C) Beginning July 1, 2031, and each year thereafter, a minimum of thirty percent of apprentices for at least three of the past five years; and
(III) Supplies supporting documentation from the United States department of labor's office of apprenticeship or a state apprenticeship agency recognized by the United States department of labor verifying the information provided in the certification specified in subsection (1)(a)(II) of this section.
(b) The provisions of this section do not apply to the department of transportation, regardless of the amount or funding source of the public project. The provisions of this section also do not apply to any county, city and county, city, municipality, town, school district, special district, or any other political subdivision of the state.
(c) For the purposes of subsection (1)(a)(II) of this section, "graduating" means the completion of a multi-year program, including the requisite classroom course work and on-the-job training requirements and a certificate of completion issued by the United States department of labor's office of apprenticeship or awarded pursuant to article 15.7 of title 8.
(2) The documentation required pursuant to subsection (1) of this section shall be made publicly available by the contracting agency of government through its website within thirty days from when it is submitted.
(3) To ensure compliance with the requirements of subsection (1) of this section, the general contractor or other firm to which the contract is awarded shall agree to provide additional documentation to the contracting agency regarding affected apprenticeship training programs relating to the requirements of this section. If a contracting agency of government determines that a mechanical, electrical, or plumbing subcontractor has willfully falsified documentation or willfully misrepresented their qualifications required to comply with this section in the contract, the agency of government shall direct the contractor to terminate the subcontractor contract immediately and the subcontractor will be immediately removed from the public project. At the discretion of the director of the department of personnel, the state may initiate the process to debar the contractor pursuant to section 24-109-105, and may pursue any other remedy provided by law.
the contract, the agency of government shall direct the contractor to terminate the subcontractor contract immediately and the subcontractor will be immediately removed from the public project. At the discretion of the director of the department of personnel, the state may initiate the process to debar the contractor pursuant to section 24-109-105, and may pursue any other remedy provided by law.
(4) Upon evaluation of the submitted bids, the contracting agency of government may waive the requirements of this section for a public project if the agency of government determines that there is substantial evidence that there were no responsive, eligible subcontractors available to fulfill the mechanical, electrical, or plumbing portions of the contract. Each agency of government that has contracts for public projects subject to the requirements of this section shall make public all waivers and the specific rationale for granting the waiver. The agency of government shall post notice of the waiver and a justification for the waiver on its website.
(5) Nothing in this section shall be construed to supersede the requirements for licensed plumbers, licensed electricians, or apprentices registered with the state pursuant to title 12, including sections 12-115-109, 12-115-115, 12-155-108, and 12-155-124.
(6) (a) To promote and facilitate the development of new apprenticeship programs, an apprenticeship program that does not satisfy the requirements of subsection (1)(a) of this section may petition the department of labor and employment for conditional approval for the purposes of this section. To be allowed conditional approval, an apprenticeship program must demonstrate the following:
(I) The program has been registered with the United States department of labor's office of apprenticeship or a state apprenticeship agency recognized by the United States department of labor and has been providing training for at least six months; and
(II) The program is performing bona fide apprenticeship training as evidenced by information showing that it has the requisite facilities, personnel, and other resources needed to provide such training; and
(b) (I) If conditional approval is granted, the program will remain eligible for future covered projects, subject to annual reviews by the department of labor and employment for five years after conditional approval is granted or until it can satisfy the requirements of subsection (1)(a) of this section and can show a three-year graduation track record.
(II) To maintain conditional approval pursuant to this subsection (6), the apprenticeship program must demonstrate to the department of labor and employment that it has registered new apprentices into its program for every year it has been in operation and that it has advanced, at a minimum, ten percent of its apprentices in each year of operation. The department shall rescind a conditional approval for any program that fails to maintain these standards.
(7) (a) For an energy sector public works project, as defined in section 24-92-303 (5), the general contractor or other firm to which the contract is awarded shall:
(I) Identify, at the time they are put under contract, all contractors or subcontractors required for the project, other than those used for all mechanical, sheet metal, fire suppression, sprinkler fitting, electrical, plumbing work, and construction craft labor; and
(II) Certify that all contractors or subcontractors identified participate in apprenticeship training programs registered with the United States department of labor's employment and training administration or state apprenticeship agencies recognized by the United States department of labor's employment and training administration and have a proven record of graduating apprentices for at least three of the past five years.
tractors or subcontractors identified participate in apprenticeship training programs registered with the United States department of labor's employment and training administration or state apprenticeship agencies recognized by the United States department of labor's employment and training administration and have a proven record of graduating apprentices for at least three of the past five years.
(b) Subsections (1)(a) to (1)(c) of this section apply to mechanical, electrical, and plumbing contractors and subcontractors subject to this subsection (7).
(c) Contractors and subcontractors that are subject to the requirements of this subsection (7) and that provide construction craft labor must certify that all firms identified participate in apprenticeship training programs that are registered with the United States department of labor's employment and training administration or a state apprenticeship agency recognized by the United States department of labor's employment and training administration and that:
(I) Satisfy the graduation requirements of subsections (1)(a)(II)(A) to (1)(a)(II)(C) of this section at the time the contract or subcontract was executed; and
(II) Provide documentation required in subsection (1)(a)(III) of this section.
(d) Upon evaluation of the submitted bids, a public utility, independent power producer, or cooperative electric association may waive the requirements of this section if it determines that there is substantial evidence that there are no responsive eligible contractors or subcontractors for any trades available to fulfill the apprenticeship requirements for one or more of the trades subject to this section. Any party exercising a waiver pursuant to this subsection (7)(d) shall disclose the waiver on a publicly accessible website, including the contractor or subcontractor to which the waiver applies and the specific rationale for the waiver.
(e) In the event of an extreme weather event, a wildfire, or an emergency declared by the state of Colorado or the federal government, a public utility or cooperative electric association may waive the requirements of this subsection (7) when performing repair work to restore electric service to customers or association members when it can reasonably demonstrate that:
(I) The capacity needed to restore power exceeds the public utility's or cooperative electric association's available capacity for emergency repairs through its employees, standby contractor capacity, or applicable mutual aid agreements; and
(II) A good faith effort to identify contractors and subcontractors that can comply with this subsection (7) was made and no eligible contractors or subcontractors were available for the time frame for which the emergency capacity was needed.
C.R.S. § 24-92-116 Department of transportation - reporting requirements
24-92-116. Department of transportation - reporting requirements. (1) The department of transportation shall annually identify in a report to the transportation commission and to the transportation legislation review committee of the general assembly each highway maintenance project for the reporting year that costs more than one hundred fifty thousand dollars but not more than the project cost cap of three hundred thousand dollars, annually adjusted for inflation, described in section 24-92-109 (1)(b), and that meets one or more of the following conditions:
(a) The department is completing the project using its own employees;
(b) The department awarded the project by invitation for bids pursuant to section 24-92-103 or by competitive sealed best value bidding pursuant to section 24-92-103.5; or
(c) The department solicited but did not receive bids for the project pursuant to section 24-92-103 or 24-92-103.5.
(1.5) The annual report required in subsection (1) of this section must also identify any program efficiencies or additional funding accountability achieved by the department of transportation as a result of increasing the project cost cap.
(2) Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in subsection (1) of this section continues indefinitely.
C.R.S. § 24-92-117 Maximum global warming potential for materials used in eligible projects - buildings - projects that are not roads, highways, or bridges - environmental product declaration - short title - report - definitions
24-92-117. Maximum global warming potential for materials used in eligible projects - buildings - projects that are not roads, highways, or bridges - environmental product declaration - short title - report - definitions. (1) The short title of this section and section 24-92-118 is the "Buy Clean Colorado Act".
(2) As used in this section, unless the context otherwise requires:
(a) "Eligible material" means materials used in the construction of a public project, including:
(I) Asphalt and asphalt mixtures;
(II) Cement and concrete mixtures;
(III) Glass;
(IV) Post-tension steel;
(V) Reinforcing steel;
(VI) Structural steel; and
(VII) Wood structural elements.
(b) "Eligible project" means a public project as defined in section 24-92-102, for which an agency of government issues a solicitation on or after January 1, 2024; except that "eligible project" does not include any maintenance program for the upkeep of a public project or any road, highway, or bridge project.
(c) "Greenhouse gas" has the same meaning as set forth in section 25-7-140 (6).
(d) "Office of the state architect" means the office of the state architect in the department of personnel.
(3) (a) By January 1, 2024, the office of the state architect shall establish by policy a maximum acceptable global warming potential for each category of eligible materials used in an eligible project in accordance with the following requirements:
(I) The office of the state architect shall base the maximum acceptable global warming potential on the industry average of global warming potential emissions for that material. The office of the state architect shall determine the industry average by consulting nationally or internationally recognized databases of environmental product declarations and may include transportation-related emissions as part of the global warming potential emissions.
(II) The office of the state architect shall express the maximum acceptable global warming potential as a number that states the maximum acceptable global warming potential for each category of eligible materials. The global warming potential shall be provided in a manner that is consistent with criteria in an environmental product declaration. The office of the state architect may establish additional subcategories within each eligible material with distinct maximum acceptable global warming potential limits. The policy may permit maximum acceptable global warming potential for each material category in the aggregate.
(b) In establishing a maximum acceptable global warming potential for each category of eligible materials used in an eligible project, the office of the state architect may consult with any other relevant department or division of state government.
(c) By January 1, 2026, and every four years thereafter, the office of the state architect shall review the maximum acceptable global warming potential for each category of eligible materials and may adjust the number for any eligible material to reflect industry conditions. The office of the state architect shall not adjust the number upward for any eligible material.
vision of state government.
(c) By January 1, 2026, and every four years thereafter, the office of the state architect shall review the maximum acceptable global warming potential for each category of eligible materials and may adjust the number for any eligible material to reflect industry conditions. The office of the state architect shall not adjust the number upward for any eligible material.
(4) (a) (I) For any solicitation for a contract for the design of an eligible project, an agency of government shall require the designer who is awarded the contract to include, in project specifications when final construction documents are released, a current environmental product declaration, type III, as defined by the international organization for standardization standard 14025:2006, or similarly robust life cycle assessment methods that have uniform standards in data collection, as set by policy by the office of the state architect for each eligible material proposed to be used in the eligible project that meet the maximum acceptable global warming potential for each category of eligible materials.
(II) If a product that meets the maximum acceptable global warming potential for a category of eligible materials is not reasonably priced or is not available on a reasonable basis at the time of design or construction, the office of the state architect may waive the requirements of this section for that product.
(b) For any solicitation for a contract for an eligible project, an agency of government shall specify the eligible materials that will be used in the project and reasonable minimum usage thresholds below which the requirements of this section shall not apply. An agency of government may include in a specification for solicitations for an eligible project a global warming potential for any eligible material that is lower than the maximum acceptable global warming potential for that material as determined pursuant to subsection (3) of this section.
(c) A contractor that is awarded a contract for an eligible project shall not install any eligible materials on the project until the contractor submits an environmental product declaration for that material pursuant to subsection (4)(a) of this section. The environmental product declaration shall be deemed approved if it complies with the original specification required by subsection (4)(a) of this section. If an environmental product declaration is not available for an eligible material, the contractor shall notify the agency of government and install an alternative eligible material with an environmental product declaration. If a product meeting the maximum acceptable global warming potential for a category of eligible materials is not reasonably priced or is not available to the contractor on a reasonable basis, the agency of government may waive the requirements of this section for that product. The agency of government shall report the waivers it awards to the office of the state architect.
(5) In administering this section, the office of the state architect shall strive to achieve a continuous reduction of greenhouse gas emissions over time. Reduction of greenhouse gas emissions achieved under this section shall be credited under the process created in section 25-7-105 (1)(e).
(6) Beginning in 2026, and in each year thereafter, the office of the state architect shall prepare a report for the general assembly that includes the following information:
(a) For the report prepared in 2026 only, a description of the method that the office of the state architect used to develop the maximum acceptable global warming potential for each category of eligible materials;
(b) What the office of the state architect has learned about how to identify and quantify embodied carbon in building materials, including life cycle costs; and
following information:
(a) For the report prepared in 2026 only, a description of the method that the office of the state architect used to develop the maximum acceptable global warming potential for each category of eligible materials;
(b) What the office of the state architect has learned about how to identify and quantify embodied carbon in building materials, including life cycle costs; and
(c) Any obstacles the office of the state architect as well as bidding contractors have encountered in identifying and quantifying embodied carbon in building materials.
(7) For purposes of the sales and use tax exemption for eligible decarbonizing building materials allowed pursuant to section 39-26-731, any manufacturer of an eligible material may submit the environmental product declaration for the eligible material to the office of the state architect. The office shall review the environmental product declaration for any eligible material submitted to the office by a manufacturer, and shall determine whether the manufacturer's eligible material is within the maximum acceptable global warming potential for that material as determined by the office pursuant to subsection (3) of this section. Beginning January 1, 2024, the office shall compile and maintain a list of all eligible materials and the manufacturers of the eligible materials that are submitted to the office and verified by the office to be within the maximum acceptable global warming potential for that material as determined by the office pursuant to subsection (3) of this section. In compiling the list, the office shall consult with the department of revenue to ensure that all information required for purposes of the sales and use tax exemption allowed pursuant to section 39-26-731 is included on the list. The office shall regularly update the list, post the most current version of the list on the office's website, and ensure that the list is available to the department of revenue.
C.R.S. § 24-92-118 Maximum global warming potential for materials used in public projects - road - highway - bridge projects - environmental product declaration - short title - report - definitions
24-92-118. Maximum global warming potential for materials used in public projects - road - highway - bridge projects - environmental product declaration - short title - report - definitions. (1) The short title of this section and section 24-92-117 is the "Buy Clean Colorado Act".
(2) As used in this section, unless the context otherwise requires:
(a) "Department" means the department of transportation.
(b) "Eligible material" means materials used in the construction of a public project, including, but not limited to:
(I) Asphalt and asphalt mixtures;
(II) Cement and concrete mixtures; and
(III) Steel.
(c) "Greenhouse gas" has the same meaning as set forth in section 25-7-140 (6).
(d) "Public project" means all publicly bid construction projects, projects from within the asset management, or other projects as determined by the department.
(3) (a) By January 1, 2025, the department shall establish a policy to determine and record greenhouse gas emissions from eligible materials used in a public project with the goal of reducing greenhouse gas emissions in accordance with the following requirements:
(I) The department shall use the nationally or internationally recognized databases of environmental product declarations and may include transportation-related emissions as part of the global warming potential emissions; and
(II) The department shall develop a tracking and reporting process in a manner that is consistent with criteria in an environmental product declaration. The department may establish additional subcategories within each eligible material with distinct maximum global warming potential limits.
(b) In establishing the policy pursuant to this section, the department may consult with any other relevant department or division of state government.
(c) By January 1, 2027, and every four years thereafter, the department of transportation shall review the policy created pursuant to this section and may adjust the policy to reflect industry conditions. The department shall not adjust the policy for any eligible material to be less stringent.
(4) (a) For invitation for bids for contracts for public projects issued on or after July 1, 2022, the department shall require the contractor who is awarded the contract to submit a current environmental product declaration, type III, as defined by the international organization for standardization standard 14025:2006, or similarly robust life cycle assessment methods that have uniform standards in data collection, for each eligible material proposed to be used in the public project.
(b) For invitation for bids for contracts for public projects issued on or after July 1, 2025, the department shall require the contractor who is awarded the contract to submit a current environmental product declaration, type III, as defined by the international organization for standardization standard 14025:2006, or similarly robust life cycle assessment methods that have uniform standards in data collection, as set by policy by the department for each eligible material proposed to be used in the public project.
(c) For invitation for bids for contracts for publicly bid public projects issued on or after July 1, 2025, the department of transportation shall specify the eligible materials that will be used in the project based on the policy and reasonable minimum usage thresholds below which the requirements of this section shall not apply.
each eligible material proposed to be used in the public project.
(c) For invitation for bids for contracts for publicly bid public projects issued on or after July 1, 2025, the department of transportation shall specify the eligible materials that will be used in the project based on the policy and reasonable minimum usage thresholds below which the requirements of this section shall not apply.
(d) A contractor that is awarded a contract for a public project shall not install any eligible materials on the project until the contractor submits an environmental product declaration for that material pursuant to subsection (3)(a) of this section. The environmental product declaration shall be deemed approved if it complies with the policy established by the department pursuant to this section. If an environmental product declaration is not available for an eligible material, the contractor shall notify the department and install an alternative eligible material with an environmental product declaration. If a product meeting the policy requirements for a category of eligible materials is not reasonably priced or is not available to the contractor on a reasonable basis, the department may waive the requirements of this section for that product.
(5) In administering this section, the department shall strive to achieve a continuous reduction of greenhouse gas emissions over time. Reduction of greenhouse gas emissions achieved under this section shall be credited under the process created in section 25-7-105 (1)(e).
(6) Beginning in 2026, the department shall annually present the following information to the transportation legislation review committee, or any successor committee:
(a) For the presentation in 2026 only, a description of the method that the department used to develop the policy requirements for each category of eligible materials;
(b) What the department has learned about how to identify and quantify embodied carbon in building materials, including life cycle costs; and
(c) Any obstacles the department as well as bidding contractors have encountered in identifying and quantifying embodied carbon in building materials.
C.R.S. § 24-92-201 Definitions
24-92-201. Definitions. As used in this part 2, unless the context otherwise requires:
(1) "Agency of government" means any agency, department, division, board, bureau, commission, institution, or section of the state which is a budgetary unit exercising construction contracting authority or discretion. "Agency of government" does not include any county, city and county, city, municipality, town, school district, special district, or any other political subdivision of the state.
(2) "Contractor" means any person having a contract for a public project with an agency of government.
(3) "Director" means the director of the department of personnel.
(4) "Employees" means workers who are employees pursuant to section 8-4-101 (5), and who are engaged by contractors or subcontractors to perform jobs on various types of public projects including mechanics, laborers, and other construction workers.
(5) "Public project" means any construction, alteration, repair, demolition, or improvement of any land, building, structure, facility, road, highway, bridge, or other public improvement suitable for and intended for use in the promotion of public health, welfare, or safety and any operation or maintenance programs for the operation and upkeep of such projects. "Public project" includes any work, construction, or repair performed by a private party through a contract to rent, lease, or purchase at least fifty percent of the project by one or more agencies of government.
(6) "Wages", "scale of wages", "wage rates", "minimum wages", and "prevailing wages" means:
(a) The basic hourly rate of pay; and
(b) For medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the forgoing, for unemployment benefits, life insurance, disability and sickness insurance, or accident insurance, for vacation and holiday pay, for defraying the costs of apprenticeship or other similar programs, or for other bona fide fringe benefits, but only where the contractor or subcontractor is not required by other federal, state, or local law to provide any of those benefits, the amount of:
(I) The rate of contribution irrevocably made by a contractor or subcontractor to a trustee or to a third person under a fund, plan, or program; and
(II) The rate of costs to the contractor or subcontractor that may be reasonably anticipated in providing benefits to employees pursuant to an enforceable commitment to carry out a financially responsible plan or program which was communicated in writing to the employees affected.
C.R.S. § 24-92-202 Contractors subject to provisions - weekly payment of employees - rules
24-92-202. Contractors subject to provisions - weekly payment of employees - rules. (1) Except as otherwise provided in subsection (2) of this section, any contractor who is awarded a contract for a public project by an agency of government in the amount of five hundred thousand dollars or more, and any subcontractors working on the public project, shall pay their employees at weekly intervals and shall comply with the enforcement provisions established in section 24-92-209. This part 2 applies to a contract for a public project awarded pursuant to part 1 of this article 92 and to an integrated project delivery contract for a public project awarded pursuant to article 93 of this title 24. This part 2 does not apply to contracts for public projects that receive federal funding.
(2) This part 2 does not apply to the department of transportation, regardless of the amount or funding source of the public project; except that a contractor performing work on a public project for the department of transportation is required to pay employees performing work on any public project, regardless of the amount or funding source of the public project, in accordance with the wage requirements of the federal "Davis-Bacon Act", 40 U.S.C. sec. 3141 et seq., and related federal acts. Any work performed on a public project under the supervision of the department of transportation that is electrical work, as defined in section 12-115-103 (5), must utilize licensed journeymen electricians, as defined in section 12-115-103 (6), licensed master electricians, as defined in section 12-115-103 (7), or registered and properly supervised apprentices, as defined in section 12-115-103 (1), regardless of whether the work is performed by department of transportation employees or performed by a contractor on behalf of the department of transportation.
(3) The director may promulgate rules in accordance with article 4 of this title 24 as may be necessary to administer and enforce any requirement of this part 2.
C.R.S. § 24-92-203 Prevailing rate of wages and other payments - specifications in solicitations and contract - repeal
24-92-203. Prevailing rate of wages and other payments - specifications in solicitations and contract - repeal. (1) For solicitations issued for public projects on or after January 1, 2022, before awarding any contract for a public project in the amount of five hundred thousand dollars or more, an agency of government shall obtain from the director the general prevailing rate, as determined by the director pursuant to section 24-92-205, of the regular, holiday, and overtime wages paid and the general prevailing payments on behalf of employees to lawful welfare, pension, vacation, apprentice training, and educational funds in the state, for each employee needed to execute the contract for the public project. Payments to the funds must constitute an ordinary business expense deduction for federal income tax purposes by contractors and subcontractors.
(1.5) (a) For solicitations issued for public projects on or after July 1, 2021, but prior to January 1, 2022, before awarding any contract for a public project in the amount of five hundred thousand dollars or more, an agency of government shall obtain directly from the United States department of labor the general prevailing rate of the regular, holiday, and overtime wages paid and the payments on behalf of employees to the welfare, pension, vacation, apprentice training, and education funds in the state for each employee needed to execute the contract for the public project.
(b) This subsection (1.5) is repealed, effective June 30, 2025.
(2) An agency of government shall specify in the competitive solicitation for a public project in the amount of five hundred thousand dollars or more and in the contract for such public project, the general prevailing rate of the regular, holiday, and overtime wages paid and the payments on behalf of employees to the welfare, pension, vacation, apprentice training, and education funds existing in the geographic locality for each employee needed to execute the contract or work.
(3) The general prevailing rate of the regular, holiday, and overtime wages paid and the payments on behalf of employees to the welfare, pension, vacation, apprentice training, and education funds specified in the competitive solicitation and in the contract for a public project pursuant to subsection (2) of this section shall remain the same for the duration of the work on the public project.
(4) Contracting agencies of government shall not artificially divide public projects to avoid compliance with the requirements of this part 2.
C.R.S. § 24-92-204 Specification in contract - payment of wages - amount and frequency - unclaimed prevailing wages special trust fund - creation
24-92-204. Specification in contract - payment of wages - amount and frequency - unclaimed prevailing wages special trust fund - creation. (1) Every contract for a public project subject to the provisions of this part 2 shall contain a stipulation that:
(a) The contractor and any subcontractors shall pay all the employees employed directly on the site of the work, unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account, the full amounts accrued at time of payment computed at wage rates not less than those stated in the competitive solicitation, regardless of any contractual relationships that may be alleged to exist between the contractor or subcontractor and the employees;
(b) The contractor and any subcontractors shall prepare and submit payroll reports to the contracting agency of government on a monthly basis that disclose all relevant payroll information, including the name and address of any entities to which fringe benefits are paid, and that the contracting agency of government is required to review the certified payroll reports in a timely manner as required by the state contract;
(c) The contractor and any subcontractors shall maintain on the site where public projects are being constructed a daily log of employees employed each day on the public project. The log shall include, at a minimum, for each employee his or her name, primary job title, and employer, and shall be kept on a form prescribed by the director. The log shall be available for inspection on the site at all times by the contracting agency of government and the director.
(d) If the contractor or any subcontractor fails to pay wages as are required by the contract, the contracting agency of government shall not approve a warrant or demand for payment to the contractor until the contractor furnishes the contracting agency of government evidence satisfactory to such agency of government that such wages so required by the contract have been paid; except that the contracting agency of government shall approve and pay any portion of a warrant or demand for payment to the contractor to the extent the agency of government has been furnished evidence satisfactory to the agency of government that the contractor or one or more subcontractors has paid such wages required by the contract, even if the contractor has not furnished evidence that all of the subcontractors have paid wages as required by the contract. Any contractor or subcontractor may use the following procedure in order to satisfy the requirements of this section:
(I) The contractor or subcontractor may submit to the director, for each employee to whom such wages are due, a check as required by the director. Such check shall be payable to that employee or to the state so it is negotiable by either of those parties. Each such check shall be in an amount representing the difference between the accrued wages required to be paid to that employee by the contract and the wages actually paid by the contractor or subcontractor.
(II) If any check submitted pursuant this subsection (1)(d) cannot be delivered to the employee within a reasonable period as determined by the director, then it shall be negotiated by the state and the proceeds deposited in the unclaimed property trust fund created in section 38-13-116.6. Nothing in this subsection (1) shall be construed to lessen the responsibility of the contractor or subcontractor to attempt to locate and pay any employee to whom wages are due.
C.R.S. § 24-92-205 Investigation and determination of prevailing wages - filing of schedule - repeal
24-92-205. Investigation and determination of prevailing wages - filing of schedule - repeal. (1) In determining the applicable prevailing wage for public projects pursuant to section 24-92-204, the director shall use appropriate wage determinations issued by the United States department of labor in accordance with the "Davis-Bacon Act", 40 U.S.C. sec. 3141, et seq., to establish the prevailing wage rates for the applicable trades or occupation for the geographic locality of the public project. Beginning on January 1, 2022, the director shall keep a schedule on file in his or her office of the customary prevailing rate of wages and payments made to or on behalf of the employees, which shall be open to public inspection.
(1.5) (a) For solicitations issued for public projects on or after July 1, 2021, but prior to January 1, 2022, the agency of government shall keep a schedule on file for the life of the project of the customary prevailing rate of wages and payments made to or on behalf of the employees, which shall be open to public inspection.
(b) The director shall notify the revisor of statutes in writing of the date when all the public projects covered by subsection (1.5)(a) of this section have been completed by e-mailing the notice to revisorofstatutes.ga@coleg.gov. This subsection (1.5) is repealed effective upon the date identified in the notice or, if the notice does not specify that date, upon the date of the notice to the revisor of statutes.
(2) The director shall update the applicable prevailing wage for public projects as determined pursuant to subsection (1) of this section on or before July 1, 2022, and on or before July 1 each year thereafter.
C.R.S. § 24-92-206 Statutory provisions included in contracts
24-92-206. Statutory provisions included in contracts. A copy of sections 24-92-203 and 24-92-204 shall be inserted in all contracts for public projects awarded by an agency of government if the contract price is five hundred thousand dollars or more.
C.R.S. § 24-92-207 Prevailing wage rates - posting
24-92-207. Prevailing wage rates - posting. (1) Each contractor awarded a contract for public project with a contract price of five hundred thousand dollars or more and each subcontractor who performs work on the public project shall post in conspicuous places on the project, where employees are employed, posters that contain the current prevailing rate of wages and the current prevailing rate of payments to the funds required to be paid for each employee employed to execute the contract as established in sections 24-92-203 and 24-92-204, and the rights and remedies of any employee described in section 24-92-210 for nonpayment of any wages earned pursuant to this section. The posters shall be furnished to contractors and subcontractors by the director in a form and manner to be determined by the director.
(2) A contractor or subcontractor who fails to comply with this section commits a petty offense and shall pay to the director one hundred dollars for each calendar day of noncompliance as determined by the director.
(3) Contracts for public works projects shall contain the specific obligations of the contractor under this section including provisions regarding the posting of posters on the job site as required by this section and the department's procedures for the contractor to receive the posters.
C.R.S. § 24-92-208 Apprenticeship contribution rate
24-92-208. Apprenticeship contribution rate. (1) (a) The director shall establish a separate apprenticeship contribution rate under the prevailing wage and fringe benefit requirements of this part 2.
(b) The contracting agency of government shall specify in the competitive solicitation for a public project in the amount of five hundred thousand dollars or more and in the contract for such public project the apprenticeship contribution rate and fringe benefit requirements of this part 2.
(c) The director shall update the applicable apprenticeship contribution rate as determined pursuant to subsection (1)(a) of the section on or before July 1, 2022, and on or before July 1 each year thereafter.
(d) The applicable apprenticeship contribution rate specified in the competitive solicitation and in the contract for a public project pursuant to this subsection (1) shall remain the same for the duration of the work on the public project.
(2) The amount of the apprenticeship contribution will be set in accordance with the apprenticeship contribution of the collective bargaining agreement of the applicable trade in the geographic locality of the public project. Contractors shall achieve compliance with this requirement by one of the following options:
(a) Contractors signatory to the applicable collective bargaining agreement shall be required to pay no more than the apprenticeship contribution rate of the agreement;
(b) Contractors that are not signatory to a collective bargaining agreement but that are members of a multi-employer trade association that sponsors an apprenticeship program registered with the United States department of labor's office of apprenticeship or a state apprenticeship agency recognized by the United States department of labor, or that directly sponsor such a program for their own employees, shall pay the determined apprenticeship contribution to that program or to a state apprenticeship agency recognized by the United States department of labor; or
(c) Except as otherwise provided in subsection (5) of this section, contractors that do not qualify for either option specified in subsection (2)(a) or (2)(b) of this section shall be required to pay the amount of the apprenticeship contribution to affected workers in cash payments in addition to the other components of the prevailing wage and fringe benefit package required pursuant to this part 2.
(3) The apprenticeship contribution rate shall be deducted from the prevailing wage rate package to avoid double payment by the contractor or subcontractor.
(4) To the extent feasible, the department of personnel shall publish an annual report detailing the amount of apprenticeship training contribution paid pursuant to subsections (2)(a), (2)(b), and (2)(c) of this section from information reported by the contracting agencies of government. An annual report issued by the department of personnel pursuant to this subsection (4) is only required to include solicitations issued for public projects on or after January 1, 2022.
(5) If the data tracked by the department of personnel demonstrates that portions of the apprentice contributions required pursuant to subsection (2) of this section are paid under the requirements of subsection (2)(c) of this section at a higher rate than under the requirements of subsection (2)(a) or (2)(b) of this section, the department may promulgate rules for alternatives to the requirements subsection (2)(c) of this section.
C.R.S. § 24-92-209 Enforcement - rules
24-92-209. Enforcement - rules. (1) Upon receipt of a complaint from an employee, a former employee, or a contracting agency derived from an analysis of certified payroll records, a contracting agency of government shall report any perceived violation of this part 2 to the contractor within forty-eight hours of being made aware of the perceived violation. In connection with the perceived violation:
(a) The contracting agency of government shall allow the contractor to cure the perceived violation within fifteen calendar days if the contractor can demonstrate the instance in question was the result of legitimate administrative error.
(b) If the contractor does not remedy the perceived violation within fifteen calendar days or if the contracting agency determines that the perceived violation was willful, the contracting agency shall report the perceived violation to the department of labor and employment for investigation.
(2) (a) The department of labor and employment shall investigate all complaints referred to the department by the contracting agency of government to determine if the perceived violation was conducted in a willful manner.
(b) For the purposes of this section, "willful violation" includes intentional violations and those violations made with reckless disregard or deliberate ignorance of the law.
(3) If the department of labor and employment determines that a willful violation occurred, it shall require restitution of applicable back pay for the impacted employees and shall subject the contractor to the following fines:
(a) Five thousand dollars for the first violation;
(b) Ten thousand dollars for the second violation; and
(c) Twenty-five thousand dollars for the third and all subsequent violations.
(4) At the discretion of the director, the contractor may be debarred if they have been found to have three or more willful violations in any five year period. The term of debarment will be three years.
(5) The department of labor and employment shall maintain a list of contractors who have been found to have willfully violated this act, including details of the violation, on a publicly available website.
(6) If a contracting agency of government or the department of labor and employment fails to resolve an actionable wage claim within one hundred twenty days from the date of the initial determination by the department that a willful violation occurred, the employee shall have the right to file a private lawsuit pursuant to section 24-92-210.
(7) The department of labor and employment shall promulgate rules in accordance with article 4 of this title 24 as may be necessary to administer and enforce any requirement of this part 2. Such rules shall include a reasonable administrative appeal process for determinations made pursuant to this section and an administrative process for an employee or former employee of a contractor or subcontractor to file a complaint for a violation of this part 2.
C.R.S. § 24-92-210 Private right of action to collect wages or benefits - definition
24-92-210. Private right of action to collect wages or benefits - definition. (1) An employee or former employee of a contractor or subcontractor may bring a civil action for a violation of section 24-92-204 for appropriate injunctive relief, actual damages, or both within three years after the occurrence of the alleged violation. An action commenced pursuant to this section may be brought in the district court for the county where the alleged violation occurred, the county where the complainant resides, or the county where the person against whom in the civil complaint is filed resides or has their principal place of business. Any contractor or subcontractor who violates section 24-92-204 shall be liable to the affected employee or employees in the amount of unpaid wages or benefits plus interest.
(2) A contractor or subcontractor's responsibility and liability is solely for its own employees.
(3) An action initiated pursuant to this section may be brought by one or more employees or former employees on behalf of him or herself or themselves and other employees similarly situated; except that no employee shall be a party to any such action unless he or she consents in writing to become such a party and such consent is filed in the court in which such action is brought.
(4) If the court finds that an action brought pursuant to this section was frivolous, the court shall award costs and attorney fees to the defendant in the action.
(5) The court in an action filed under this section shall award affected employees or former employees liquidated damages in an amount equal to the amount of unpaid wages or benefits owed. Unpaid fringe benefit contributions owed pursuant to this section in any form shall be paid to the appropriate benefit fund; except that in the absence of an appropriate fund the benefit shall be paid directly to the individual.
(6) The filing of a civil action under this section shall not preclude the director from prohibiting a contractor or subcontractor from bidding on or otherwise participating in state contracts or from prohibiting termination of work on failure to pay agreed wages.
(7) (a) Any person, firm, or corporation found to have willfully made a false or fraudulent representation in connection with wage obligations owed on a contract shall be required to pay a civil penalty in an amount of no less than one thousand dollars and not greater than three thousand dollars per representation. Such penalties shall be recoverable in civil actions filed pursuant to this section.
(b) For purposes of this subsection (7) "willfully" means representations that are known to be false or representations made with deliberate ignorance or reckless disregard for their truth or falsity.
(8) An employer shall not discharge, threaten, or otherwise discriminate against an employee, or former employee, regarding compensation terms, conditions, locations or privileges of employment because the employee or former employee, or a person or organization acting on his or her behalf reports or makes a complaint under this section or otherwise asserts his or her rights under this section.
C.R.S. § 24-92-301 Short title
24-92-301. Short title. The short title of this part 3 is the "Colorado Energy Sector Public Works Project Craft Labor Requirements Act".
C.R.S. § 24-92-302 Legislative declaration
24-92-302. Legislative declaration. (1) The general assembly hereby finds and declares that:
(a) The energy industry in Colorado is undergoing a historic transformation to address threats posed by climate change, which includes efforts to diversify capacity, promote the development of renewable and other clean, non-carbon generation sources, and electrify major segments of the state's economy;
(b) These developments will require massive investments of resources from the state and public utility companies, which will ultimately be paid by residents through future taxes and utility bills;
(c) The safe and cost-effective delivery of these projects is vital to the public health and welfare of residents and the economic security of the state, and critical to ensure that adequate power is provided to Colorado homes and businesses;
(d) Deficient planning of these resources can result in escalating utility bills and dangerous power outages if power supply is not maintained in sufficient capacity to meet future, growing demand. For these reasons, appropriate measures must be taken to protect future energy investments, promote successful construction delivery, and prevent errors in the planning and delivery of new facilities.
(e) One of the most challenging aspects of energy facility construction is ensuring that projects are supported by capable craft labor resources. It is essential for these projects to be staffed by a reliable and adequate supply of properly trained workers in all applicable trades and crafts required for these facilities.
(f) Energy sector public works projects built by or for the use of regulated utilities, like traditional public projects, are often built for the collective benefit of all citizens and residents of Colorado. These projects are often funded through public tax dollars or through the collective resources acquired through Colorado utilities billing customers. Like tax dollars, these resources acquired through utility rates should demand a higher standard of public benefit back to the consumers and communities from which the resources were collected.
(g) Extensive research shows that prevailing wage laws are effective in attracting better qualified workers to projects and promoting critically needed investments in apprenticeship training required to ensure adequate craft labor skill levels and productivity. Likewise, the use of registered apprenticeship training programs and project labor agreements has been proven to be the most effective strategy for providing high-level skills training and ensuring needed qualification credentialing for workers in the construction industry.
(h) By providing project owners, developers, and contractors unique and unparalleled access to an adequate supply of well-trained, highly skilled craft labor in affected project areas, craft labor standards promote successful project delivery goals, including quality, safety, timeliness, and cost-efficiency, by providing effective quality control over craft labor supply capabilities, as well as risk avoidance to prevent disruptions and other labor performance problems caused by inadequate craft labor capabilities;
(i) For these reasons, incorporating prevailing wage standards and apprenticeship requirements and encouraging project labor agreements for public utilities and other energy facility planning and construction is necessary to protect and promote the public's interest in these projects;
idance to prevent disruptions and other labor performance problems caused by inadequate craft labor capabilities;
(i) For these reasons, incorporating prevailing wage standards and apprenticeship requirements and encouraging project labor agreements for public utilities and other energy facility planning and construction is necessary to protect and promote the public's interest in these projects;
(j) By incorporating well established quality contracting procurement tools, such as prevailing wages, apprenticeship utilization requirements, and project labor agreements into our energy resource planning, the state of Colorado will have the capabilities to better protect its energy investments, improve construction project delivery in the energy sector, fully document and evaluate the directives set forth in section 40-2-129, and create a clear set of standards for enforcement to achieve the law's intent for the benefit of Colorado workers and the communities where they live;
(k) Use of these quality contracting tools is already incorporated into Colorado's traditional public procurement law as prevailing wage and apprenticeship policies adopted in sections 24-92-115 (7) and part 2 of this article 92. In addition, project labor agreements have been successfully used in Colorado in the past for projects in the energy sector and the broader private sector construction industry. These agreements have also been upheld by the courts, for example, in Bldg. & Constr. Trades Council v. Associated Builders & Contractors of Mass./R.I., Inc., 507 U.S. 230, 231 (1993), due to their ability to help secure reliable craft labor staffing and promote timely project delivery.
(l) Due to their benefits in promoting successful project delivery in projects assisted by federal grants and tax credits, the federal government is strongly encouraging the use of these quality contracting tools generally, and especially in the energy sector, where major federal assistance programs under the recent federal "Inflation Reduction Act of 2022", Pub.L. 117-169, are providing approximately three hundred seventy billion dollars in funding to promote clean energy sources across the country.
(2) The general assembly further finds and declares that because cost-effective, safe, and efficient generation, transmission, and distribution systems in the energy sector are vital to the state's economy and the public welfare and safety, quality control and risk avoidance measures are necessary to ensure that the construction of projects necessary for these systems are adequately staffed by properly trained and qualified craft labor personnel.
C.R.S. § 24-92-303 Definitions
24-92-303. Definitions. As used in this part 3, unless the context otherwise requires:
(1) "Construction" means the construction, alteration, or repair of an energy sector public works project, consistent with and including the same limitations as the definition of construction as established in section 45 (b)(7)(a) of the federal "Internal Revenue Code of 1986", as amended, and as described in all related official guidance from the federal internal revenue service and the United States department of labor implementing the applicable sections of the federal "Inflation Reduction Act".
(2) "Cooperative electric association" has the same meaning as set forth in section 40-9.5-102 (1).
(3) "Craft labor" means employees who are engaged in the construction of an energy sector public works project, including all trades, crafts, and occupations, and who are paid hourly.
(4) "Craft labor certification" means all documentation and certification of payroll required for an energy sector public works project in accordance with the requirements of section 24-92-115 (7) and part 2 of this article 92.
(5) (a) "Energy sector public works project" means any project in the state that:
(I) Has the purpose of generating, transmitting, or distributing electricity or natural gas to provide energy to Colorado individual consumers and businesses, is built by or for a public utility, including any project for which energy is purchased through a power purchaser or similar agreement, and is funded in whole or in part by:
(A) The state, through direct funding, loans, loan guarantees, land transfers, tax assistance, including tax credits, deductions, or incentives, or other assistance allocated or appropriated by the state; or
(B) Utility customer funding as approved in any proceeding conducted by the public utilities commission as part of an electric resource acquisition or requests for certificates of convenience and necessity for construction or expansion of a project, including but not limited to pollution control or fuel conversion upgrades and conversion of existing coal-fired plants to natural gas plants; or
(II) Has the purpose of generating or distributing electricity or natural gas for the purposes of providing energy to Colorado individual consumers and businesses from utility customer funding as approved by a cooperative electric association.
(b) "Energy sector public works project" includes the following project types, so long as they satisfy the criteria in subsection (5)(a)(I) or (5)(a)(II) of this section:
(I) Power generation with a nameplate generation capacity of one megawatt or higher, including generation sourced from wind, solar, geothermal, hydrogen, nuclear, or bioenergy, or any project that generates electricity from the combustion of oil, gas, or other fossil fuels or an energy storage system as defined by section 40-2-202 with an energy rating of one megawatt of power capacity or four megawatt hours of useable energy capacity or higher; and
(II) Other projects with a total project cost of one million dollars or more that include:
(A) Pollution controls;
(B) Utility gas distribution;
(C) Electric transmission projects;
(D) Geothermal systems that are used to provide heat or heated water or that operate as thermal systems or thermal networks as defined in law;
(E) Electric vehicle charging infrastructure installations;
(F) Hydrogen-related infrastructure construction projects;
(G) Any project that transports or stores carbon dioxide captured from power generation; and
(H) Any other construction projects covered by this part 3.
(6) "Federal prevailing wage and apprenticeship requirements" means the requirements under:
(a) Sections 45 (b)(7) and (8) of title 26 of the United States Code, whether applicable directly or under a provision of the federal "Internal Revenue Code of 1986", as amended, that applies such sections of the United States Code; or
tion; and
(H) Any other construction projects covered by this part 3.
(6) "Federal prevailing wage and apprenticeship requirements" means the requirements under:
(a) Sections 45 (b)(7) and (8) of title 26 of the United States Code, whether applicable directly or under a provision of the federal "Internal Revenue Code of 1986", as amended, that applies such sections of the United States Code; or
(b) Sections 48 (a)(10) and (11) of title 26 of the United States Code, whether applicable directly or under a provision of the federal "Internal Revenue Code of 1986", as amended, that applies such sections of the United States Code.
(7) "Federal "Inflation Reduction Act"" means the federal "Inflation Reduction Act of 2022", United States Code, title 26, including but not limited to sections 30C, 45, 45B, 45L, 45Q, 45U, 45V, 45X, 45Y, 45Z, 48, 48C, 48E, and 179D, and associated implementing rules and guidance promulgated by the United States department of the treasury and the United States internal revenue service, as the statute and implementing rules and guidance may be amended from time to time.
(8) "Lead contractor" means a general contractor, construction manager, developer, design builder, or other party that is primarily responsible to a public utility or independent power producer for performing construction under a contract for an energy sector public works project.
(9) "Project labor agreement" means a prehire collective bargaining agreement between a lead contractor and construction labor organizations, including but not limited to the Colorado building and construction trades council and its affiliates or a group of labor unions covering the affected trades necessary to perform work on a project, that establishes the terms and conditions of employment of the construction workforce on an energy sector public works project. A project labor agreement must include provisions that:
(a) Set forth effective, immediate, and mutually binding procedures for resolving jurisdictional labor disputes and grievances arising before the completion of work;
(b) Contain guarantees against strikes, lockouts, or similar actions;
(c) Ensure a reliable source of trained, skilled, and experienced construction craft labor;
(d) Further public policy objectives regarding improved employment opportunities for minorities, women, or other economically disadvantaged populations in the construction industry, including persons from disproportionately impacted communities, to the extent permitted by state and federal law;
(e) Permit the selection of the lowest qualified responsible bidder or lowest qualified responsible offeror without regard to union or non-union status at other construction sites;
(f) Bind all contractors and subcontractors on the energy sector public works project to the project labor agreement through the inclusion of appropriate bid specifications in all relevant contract documents; and
(g) Include other terms as the parties deem appropriate.
(10) "Public utility" has the same meaning as set forth in section 40-1-103.
C.R.S. § 24-92-304 Energy sector public works projects - craft labor employment - training - wage requirements
24-92-304. Energy sector public works projects - craft labor employment - training - wage requirements. (1) (a) Except as otherwise provided in subsections (1)(b) and (1)(c) of this section, a contract between public utilities, cooperative electric associations, or independent power producers and lead contractors for an energy sector public works project must include provisions expressly requiring that all work performed under the contract comply with the requirements of section 24-92-115 (7) and the requirements of part 2 of this article 92 if the project is an electric power generation project with a nameplate generation capacity of one megawatt or higher or if the project is a project specified in section 24-92-303 (5)(b)(II) with a total project cost of one million dollars or more. These requirements constitute material terms of such contracts.
(b) (I) For energy sector public works projects funded pursuant to section 24-92-303 (5)(a)(I)(A), the requirements of this part 3 apply only when the project is a power generation project with a nameplate generation capacity of one megawatt or higher or an energy storage system as defined by section 40-2-202 with an energy rating of one megawatt of power capacity or four megawatt hours of useable energy capacity or higher and the aggregated public assistance from the state is five hundred thousand dollars or more.
(II) For energy sector public works projects under section 24-92-303 (5)(b)(II), the requirements of this part 3 apply only when the total project cost is one million dollars or more, and the aggregated public assistance from the state, funding from a public utility, or funding from a cooperative electric association is five hundred thousand dollars or more.
(c) The requirements of this part 3 do not apply to:
(I) A project that is covered by a project labor agreement;
(II) Work on an energy sector public works project performed by the employees of a utility company;
(III) So long as compliance with any applicable federal "Inflation Reduction Act" qualification requirements is a material term of the agreement with a public utility, cooperative electric association, independent power producer, or the state, work on an energy sector public works project put out to bid on or after January 1, 2024, that is qualified for and claims the increased federal production tax credit or investment tax credit amount, excluding any domestic content, energy community, or low-income community bonus credit, as a result of:
(A) Satisfying the prevailing wage and apprenticeship requirements under the provisions of the federal "Inflation Reduction Act"; or
(B) Achieving the start of construction prior to January 29, 2023, pursuant to the principles outlined in the federal internal revenue service guidance and the United States department of labor guidance related to the federal "Inflation Reduction Act", as amended or supplemented from time to time;
(IV) A utility-incentivized demand-side management or electrification program pursuant to section 40-3.2-105.5 or 40-3.2-105.6;
(V) Utility or state-funded building energy efficiency programs;
(VI) Service agreements that were entered into by a public utility, independent power producer, or cooperative electric association on or before March 1, 2023; except that, upon renewal or issuance of a new request for proposals, the service agreement must come into compliance with the requirements of this section;
(VII) Projects that involve an electric distribution line with a capacity of 69kv or less; and
(VIII) Projects that involve pipelines with a specified minimum yield strength less than thirty percent.
(2) Unless the contractual requirements specified in subsection (1) of this section are in place, an affected project shall not be eligible to:
nto compliance with the requirements of this section;
(VII) Projects that involve an electric distribution line with a capacity of 69kv or less; and
(VIII) Projects that involve pipelines with a specified minimum yield strength less than thirty percent.
(2) Unless the contractual requirements specified in subsection (1) of this section are in place, an affected project shall not be eligible to:
(a) Receive funding from the state through general fund appropriations, tax credits, tax deductions, land transfers, or other funding or assistance provided by the general assembly or a government agency; or
(b) Receive any approvals or authorizations from the public utilities commission, including approvals for utility funding or for commencement of the project, including a certificate of public convenience.
(3) The lead contractor engaged to perform construction services for an energy sector public works project must require all subcontractors used on the project to comply with section 24-92-115 (7) and part 2 of this article 92 by ensuring that such requirements are stipulated in all subcontracts. Lead contractors must take all reasonably necessary steps to ensure compliance by monitoring subcontractors.
(4) The public utilities commission shall not find an energy sector public works project to be in compliance with section 40-2-129 unless the construction contract for the project includes provisions expressly requiring that all work performed under the contract comply with the requirements of section 24-92-115 (7) and part 2 of this article 92. Compliance with this subsection (4) does not prevent the commission from considering all "best value" employment metrics as defined in section 40-2-129, including those metrics that are not directly related to the procurement of craft labor and apprenticeship training on an energy sector public works project.
(5) Consistent with section 24-92-203 (4), bidders on energy sector public works projects shall not artificially divide the overall generation capacity or overall project cost of an energy sector public works project to deliberately avoid the requirements to comply with section 24-92-115 (7) and part 2 of this article 92. The public utilities commission, the state, a public utility, or a cooperative electric association may still require compliance with prevailing wage and apprenticeship utilization requirements if they determine that a bidder has artificially divided a project with the intent of avoiding the requirement to comply with those sections.
C.R.S. § 24-92-305 Energy sector public works projects - record keeping - reporting - craft labor certification - sanctions - compliance with best value employment metrics
24-92-305. Energy sector public works projects - record keeping - reporting - craft labor certification - sanctions - compliance with best value employment metrics. (1) The lead contractor for an energy sector public works project shall prepare certified payroll records for craft workers directly employed by the contractor, obtain certified payroll records from all contractors and subcontractors on the projects, and submit the records to the public utility or other owner of the energy sector public works project on a weekly basis. Each lead contractor and subcontractor shall certify, under the penalty of perjury, that the records provide complete and accurate information for all craft workers employed on the project.
(2) The lead contractor for an energy sector public works project shall prepare a craft labor certification on a quarterly basis for work that is being performed under affected projects.
(3) A craft labor certification must include the following:
(a) A sworn attestation, under the penalty of perjury, that the lead contractor is fully compliant with all employment, training, and wage requirements of section 24-92-115 (7) and part 2 of this article 92; and
(b) An identical, equivalent craft labor certification executed in the same manner by all subcontractors participating in the energy sector public works project.
(4) The public utility, cooperative electric association, independent power producer, or other owner of an energy sector public works project is responsible for maintenance of records for all craft labor certifications. The public utility, cooperative electric association, independent power producer, or other owner of an energy sector public works project shall either provide copies quarterly or require by contract that the lead contractor provide copies quarterly, to the department of labor and employment for review and oversight purposes.
(5) No later than January 1, 2029, and at least five years thereafter, the state auditor's office shall conduct an audit of the commission's approval of energy sector public works projects. The purpose of the audit is to establish oversight and accountability for compliance with section 40-2-129, and to determine whether a sample of projects that have been approved by the commission are fully compliant with all employment, training, wage, and apprenticeship requirements of section 24-92-115 (7) and part 2 of this article 92. The audit must consider information and records related to the craft labor certifications that are collected and maintained by the department of labor and employment. The department of labor and employment shall provide any information needed to perform the audit as requested by the state auditor's office.
(a) The audit process must select a sample of projects for review and ensure that the scope of the audit encompasses the broad types of energy sector public works projects.
(b) Upon release of the audit report by the legislative audit committee, the state auditor must make the results of the audit available to the public.
(c) After conducting two audits under this subsection (5), the state auditor may conduct additional audits in the state auditor's discretion.
(6) Violations of the requirements specified in this section, including wage and hour violations, violations of apprenticeship requirements, falsification of records, or willful non-compliance, are subject to the penalties and enforcement rights and remedies described in sections 24-92-115 (3), 24-92-209, 24-92-210, and 24-109-105.
(7) If an energy sector public works project uses federal funding that requires compliance with the federal "Davis-Bacon Act", 40 U.S.C. sec. 3141 et seq., or related statutes, the owner of the energy sector public works project shall:
(a) Notify the public utilities commission of their intent to use federal funding to fund, in whole or in part, the energy sector public works project; and
9-105.
(7) If an energy sector public works project uses federal funding that requires compliance with the federal "Davis-Bacon Act", 40 U.S.C. sec. 3141 et seq., or related statutes, the owner of the energy sector public works project shall:
(a) Notify the public utilities commission of their intent to use federal funding to fund, in whole or in part, the energy sector public works project; and
(b) Require the lead contractors and all other contractors and subcontractors working on the energy sector public works project to pay applicable federally stipulated wage and benefit rates and provide certified payroll reports to the public utilities commission in the same manner required by subsection (1) of this section.
C.R.S. § 24-92-306 Energy sector public works projects - use of project labor agreements
24-92-306. Energy sector public works projects - use of project labor agreements. (1) A public utility, cooperative electric association, or independent power producer is authorized to incorporate a project labor agreement requirement for an energy sector public works project if the project labor agreement will promote successful project delivery by securing a skilled labor force for the project and if it will promote cost-efficiency, safety, quality, and timely completion of the project.
(2) If all construction work on an energy sector public works project is covered by a project labor agreement, the requirements of sections 24-92-304 and 24-92-305 do not apply to the project.
(3) The public utilities commission shall not deny approval of an energy sector public works project solely because the project owner voluntarily elects to use a project labor agreement for the project. The public utilities commission must state its reasons for denial in writing when it issues the decision.
C.R.S. § 24-92-307 Energy sector public works projects - existing authority of the public utilities commission
24-92-307. Energy sector public works projects - existing authority of the public utilities commission. Nothing in this section contravenes the statutory authority of the public utilities commission to consider overall project costs, the impact of a project on utility customers, or the impact of project cost on utility rates.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-24.docxFetched: 10/6/2026