SB21-165 Summary

• CDOT must use design-bid-build (invitation for bids) procurement for public projects unless it makes specific written findings posted on its website that an alternative method will result in faster completion, lower cost, or higher quality.

• Alternative procurement methods allowed only under specific conditions include: competitive sealed best value bidding, integrated product delivery contracts, public-private initiatives, and design-build contracts.

• CDOT cannot refuse to prequalify contractors or reduce prequalification scope based on lack of prior CDOT contracts if contractors can demonstrate experience, past performance, expertise, and financial capacity through work on contracts in other states or for Colorado county, municipal, or local governments.

• CDOT must publicly disclose its rationale for selecting alternative procurement methods and for selecting specific contractors or entities before entering into integrated product delivery contracts and public-private initiative agreements.

• Act takes effect 90 days after legislative adjournment but requires voter approval at November 2022 general election; applies to CDOT procurement processes initiated on or after the effective date.