Colorado § 24-82-408 - Purchases - how made.

§ 24-82-408. Purchases - how made.

All purchases of equipment, supplies, and material required for the operation of the state agency shall be made through the executive director of the department of personnel.

Source: L. 59: p. 739, § 10. CRS 53: § 130-12-10. C.R.S. 1963: § 134-4-10. L. 81: Entire section amended, p. 1296, § 34, effective January 1, 1982. L. 96: Entire section amended, p. 1532, § 95, effective June 1.

ANNOTATION

Annotator's note. The following annotations include cases decided under former § 24-30-404, and from cases decided under former law prior to 1941, and deal with the award of contracts by the former state purchasing agent.

Section held not applicable to state highway department. State Hwy. Dept. v. Dawson, 126 Colo. 490, 253 P.2d 593 (1953).

Powers of officials to contract exercised in manner directed by statutory provisions. Where a statute prescribes a certain procedure for state officials in connection with the purchase of supplies and equipment, the power of such officials to contract therefor must be exercised in the manner directed, and any contract made contrary to the provisions of the statute is invalid. McRoberts v. Ammons, 104 Colo. 96, 88 P.2d 958 (1939).

Receipt of competitive bids cannot be dispensed with. The discretion attendant upon the consideration of competitive bids actually received cannot, logically, create a discretion to altogether dispense with the receiving of bids. McRoberts v. Ammons, 104 Colo. 96, 88 P.2d 958 (1939).

Compliance with section devolves upon purchasing agent. Subsequent to an approval of a requisition for supplies, compliance with the prerequisite appointed by this section in connection with the awarding of a purchase order primarily devolves upon the state purchasing agent, and, in a sense, secondarily, upon the state department for which the purchase is authorized. McRoberts v. Ammons, 104 Colo. 96, 88 P.2d 958 (1939).

Telephoning for prices or establishing personal contact cannot approximate requirement for competitive bids and an award to the lowest responsible bidder. McRoberts v. Ammons, 104 Colo. 96, 88 P.2d 958 (1939).

Powers vested in state purchasing agent under section are not solely ministerial, because discretion follows the consideration of certain matters that may be involved. Pallas v. Johnson, 100 Colo. 449, 68 P.2d 559 (1937).

Therefore, the lowest bidder may not be the "lowest responsible bidder" where there is an urgent need for an early completion of work. Pallas v. Johnson, 100 Colo. 449, 68 P.2d 559 (1937).

State or departments, by entering into contracts, lays aside attributes of sovereignty and binds itself substantially, as does one of its citizens who enters into a contract, and, in general, its contracts are interpreted as are the contracts of individuals, and are controlled by the same laws. Ace Flying Serv., Inc. v. Dept. of Agriculture, 136 Colo. 19, 314 P.2d 278 (1957).

Properly awarded contracts are binding upon the state and other contracting party. All contracts entered into by the state of Colorado, or by any department in its behalf, are required to be awarded to the lowest responsible bidder, and once entered into are binding upon the state as well as upon the other contracting party. Ace Flying Serv., Inc. v. Colo. Dept. of Agriculture, 136 Colo. 19, 314 P.2d 278 (1957).

However, statutory appropriation necessary. Where there is no statute making an appropriation, no action will lie against the officers of the state. Ace Flying Serv., Inc. v. Colo. Dept. of Agriculture, 136 Colo. 19, 314 P.2d 278 (1957).

Or statutory authorization. Where there is an act of the general assembly authorizing a contract by a state department, the courts have power to enforce the contract against the state. Ace Flying Serv., Inc. v. Colo. Dept. of Agriculture, 136 Colo. 19, 314 P.2d 278 (1957).