Chapter 4 - § 4.19 • MBE|WBE|DBE SET-ASIDES

• Jurisdiction: Colorado

§ 4.19 • MBE/WBE/DBE SET-ASIDES

The Colorado Procurement Rules had a section titled "Preferences in Awarding Contracts - Federal Assistance Requirements."³²⁶ However, this section was removed in 2018.³²⁷

While there are no set-asides, there are programs available to assist small businesses in construction activities. For example, the Department of Transportation has an "emerging small business program."³²⁸ This program provides assistance to eligible small businesses, including minority (MBE), women (WBE), and disadvantaged (DBE) business enterprises, that would otherwise not be able to participate successfully in the competitive process for the award of Department of Transportation construction contracts.³²⁹

When a procurement involves federal assistance or contract funds, the executive director of the state purchasing agency or head of a purchasing agency must comply with applicable federal laws and regulations. For such state construction projects, especially contracts involving the construction of highways by the Department of Transportation, federal programs for disadvantaged business enterprises such as the Small Business Administration's 8(a) Business Development Program and 8(d) Subcontracting Program may apply.³³⁰

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Notes:

^[326] 1 C.C.R. 101-9, R-24-111.

^[327] Id.

^[328] See 2 C.C.R. 604-1 (2006).

^[329] Id. The following types of assistance are available for eligible small businesses: developing a business plan; bonding; technical assistance in areas such as construction management, contracting procedures and specifications, and evaluation of project plans; financial incentives for prime contractors who provide training to small businesses; and restriction of...