Colorado law mandates that resident bidders be given a preference over non-resident bidders equal to the preference given by the state in which the non-resident bidder is a resident, i.e., if a non-resident bidder is 4% lower than the resident bidder but the state of residence of the non-resident bidder awards a 5% preference to in-state resident bidders, then the Colorado bidder becomes the lowest bidder by 1%. In the event of a tie, preference is given to the Colorado bidder.
Colorado Procurement Code & Rules:
(a) No provision is made in this Code for preferences or set asides for minority-
owned or women-owned businesses.
(b) In the event tie low bids are received in response to solicitations for bids
for commodities, pursuant to §24-103-202 C.R.S., preference is given to the
resident bidder, pursuant to §§24-103-202.5 and 8-18-101 C.R.S.
Colorado Revised Statutes (C.R.S)
Bid Preference - state contracts
(1) (a) Except as provided in paragraph (b) of this subsection (1) and in section
8-8-103, when a contract for commodities or services is to be awarded to a
bidder, a resident bidder as defined in section 8-19-102 (2) shall be allowed a
preference against a nonresident bidder equal to the preference given or
required by the state in which the nonresident bidder is a resident.
(b) Notwithstanding paragraph (a) of this subsection (1), when an invitation for
bids for a contract for the purchase of commodities results in a low tie bid,
as defined in section 24-103-101, C.R.S., the provisions of section
24-103-202.5, C.R.S. apply.
(c) For the purposes of this subsection (1), "commodities" includes supplies as
defined in section 24-101-301 (22), C.R.S.
(2) If it is determined by the officer responsible for awarding the bid that compliance with
this section may cause denial of federal moneys which would otherwise be available or
would otherwise be inconsistent with requirements of federal law, this section shall be
suspended, but only to the extent necessary to prevent denial of the moneys or to
eliminate the inconsistency with federal requirements.
(3) This section applies to contracts governed by the procurement code in articles 101-112
of title 24, C.R.S.