Colorado Senate Bill SB074

Colorado 2022 Regular Session

• Introduced: 1/19/22
• Refer: 1/19/22
• Failed: 2/9/22

Caption

Transportation Project Procurement Monitoring

Impact

This legislation introduces significant changes to how transportation projects are procured in Colorado by requiring additional accountability measures for projects that do not adhere to the conventional design bid build approach. By utilizing fairness monitors, the state aims to prevent favoritism and ensure that all prospective contractors, regardless of size, have a fair chance to compete for contracts. This approach is particularly beneficial for small and medium-sized contractors who may struggle in situations dominated by larger firms. The act stresses the importance of maintaining a fair playing field, which is expected to foster more competition and potentially better outcomes for state projects.

Summary

Senate Bill 074 seeks to enhance the transparency and fairness of the procurement processes for transportation projects undertaken by the Colorado Department of Transportation (CDOT). The bill mandates the annual contracting of a fairness monitor to oversee projects that use alternative procurement methods, distinct from the traditional design bid build method. This oversight aims to ensure that the selection and evaluation of contractors are conducted fairly and that any potential biases are identified and mitigated. The fairness monitor's responsibilities include reviewing projects to assess whether alternative contracting will yield quicker or less expensive completions compared to traditional methods.

Contention

While proponents argue that SB074 is a necessary step toward equitable contracting practices and improved project outcomes, there are concerns about the potential impacts of additional bureaucracy and costs that might be incurred by the requirement for fairness monitoring. Critics may view the bill as overly regulatory or fear that it could slow down the procurement process, leading to delayed project completions. Balancing the need for oversight with operational efficiency is a continuing point of discussion among lawmakers and stakeholders involved in transportation project management.