Public Contracting in Colorado

A step-by-step guide to the State, County, Town, and Municipal purchasing systems in Colorado.

How they work
Taking advantage of business opportunities including public works
Effectively managing the process — from initial bidding to final payment

Colorado governmental entities — State agencies, institutions of higher education, counties, municipalities, and other political subdivisions — offer extraordinary opportunities for the sale of supplies, services, and construction. The key for an individual or company seeking to do business with any Colorado government entity: Understanding how the public contracting system works; how it differs from commercial transactions; and for those companies doing federal business, how it differs from contracting with the Federal Government.

The purpose of this course: To show you how to effectively take advantage of available contracting opportunities at all levels of government in the State of Colorado and educate you about the special procedures and strategies you need to know.

Who will benefit from this course? All individuals, agencies or companies who are directly or indirectly involved with public business in Colorado. It will assist companies seeking to enter the market and provide goods and services to state, county, municipal, or other agency departments. It will also support those companies who are already involved in public contracting hoping to quickly update their knowledge of public contracting requirements. This special one-day program will benefit company executives and project managers, sales directors, program managers, contract administrators, marketing personnel, attorneys, government personnel, insurers, and others.

The Course Curriculum illustrates how this program will take you, step-by-step, through the full cycle of the public contracting process—Locating and developing opportunities. . . competing for awards. . . contract administration. . . disputes resolution, while addressing specific procurement needs— supplies, services, information technology, construction, and more. Further, the specialized characteristics of Colorado public contract law are highlighted and common approaches used as examples.

The program will be presented by a veteran professional Course Director who will teach in terms and using resources you can apply to your individual needs. And, each attendee will receive a Course Manual of original materials prepared by the Course Director for your use during the program and as a source-book of continuing value to you.

We look forward to having you join us.

Public Contracting in Colorado Course Curriculum

Understanding the Legislative and Regulatory Structures
1. Basic Public Procurement Concepts
2. The Colorado Procurement Code
3. Other Applicable Colorado Statutes
4. Counties, Municipalities and Political Subdivisions
Acquisition Planning and Procurement
1. Procurement Authority and Market Research
2. State Bid Information and Distribution System
3. Responsibility, Suspension, and Debarment
4. Contractor Selection Methods
5. Contract Types
6. Comparisons to Federal Procurement
7. National and Local Cooperative Procurements
8. Requirements in Federal-Funded Procurements
Issues with Bids, Proposals, and Awards
1. Handling Confidential Information
2. Bid Protests and Remedies
3. Judicial Relief
4. Avoiding Common Substantive Issues
Legal Constraints on Public Contracts
1. Authority Issues
2. TABOR, Multi-year Contracts, and Fiscal Law
3. Privatization and Outsourcing in State Contracts
4. State Performance-based Contracting Requirements
5. Illegal Alien Worker Certifications
Key Practices in Public Contracts
1. Intellectual Property
2. Liability Allocation
3. Indemnification
Public Works Contracting, Contract Management, and Disputes
1. Construction Public Bidding Statute
2. Public Construction Contracting Requirements
3. Statutory Payment Withholding
4. Common Terms and Conditions
5. Construction Disputes
6. Professional Services Contracting
Other Colorado Public Contracting Policies Socioeconomic Policies
1. Preferences
2. Vendor Performance Monitoring and Reporting
3. Resolution of State “Contract Controversies”
4. Colorado Medicaid False Claims Statute
5. Ethics, Standards of Conduct, and Amendment 41

Course Faculty

Richard Pennington serves as Of Counsel to the Denver Government Contracts Practice Group of McKenna Long & Aldridge LLP. He represents companies working in federal, state, and local markets in a variety of matters, including bid protests and disputes, contract negotiations, and counseling relating to procurement issues.

Richard is the former director of the Division of Finance and Procurement, Colorado Department of Personnel & Administration. He served as State Purchasing Director from 1999 - 2002. Previously, Richard served as Assistant Attorney General, advising agencies and state officers on procurement and fiscal law. He also advised on and litigated procurement protests and construction disputes. Richard is an honorary member of the National Association of State Procurement Officials and received the 2007 NASPO President’s Award. He currently serves as the liaison between NASPO and the ABA Public Contract Law Section.

Richard is a retired Air Force Judge Advocate who specialized in federal procurement. Richard received his Air Force commission and undergraduate B.S. degree in engineering mechanics from the Air Force Academy. He has a J.D. degree from the University of Denver and Master of Laws degree in government procurement law from The George Washington University.