(1) (a) After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the procurement official or his or her designee, after consultation with the using agency and the attorney general, shall have authority to debar a person for any of the reasons set forth in subsection (2) of this section from consideration for award of contracts. The debarment shall not be for a period of more than three years; except that, if a person is convicted of a crime specified in subsection (2) of this section, the length of the debarment period must equal the length of the confinement sentence including the period of mandatory parole if imposed or the length of the probation sentence.
(b) The procurement official or his or her designee, after consultation with the using agency and the attorney general, shall have authority to suspend a person from consideration for award of contracts if there is probable cause to believe that such person has engaged in activities that may lead to debarment. The suspension shall not be for a period exceeding three months. However, if a criminal charge has been issued for an offense that would be a cause for debarment under subsection (2) of this section, the suspension shall, at the request of the attorney general, remain in effect until after the trial of the suspended person. If a person is suspended because a criminal charge has been issued against an officer, director, partner, manager, key employee, or other principal of the suspended person, the suspension may remain in effect until after the trial of the officer, director, partner, manager, key employee, or other principal or until after the charges against such officer, director, partner, manager, key employee, or other principal have been dismissed.
(c) The authority to debar or suspend shall be exercised pursuant to rules which shall provide for an expeditious resolution of the issue of debarment or suspension.
(2) A person may be debarred for any of the following reasons:
(a) Conviction of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract or in the performance of such contract or subcontract;
(b) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, or receiving stolen property;
(c) Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals;
(d) Willful material failure to perform in accordance with the terms of one or more contracts, following notice of such failure, or a history of material failure to perform, or of materially unsatisfactory performance of, one or more contracts;
(e) The person is currently under debarment by any other governmental entity which is based upon a settlement agreement or a final administrative or judicial determination issued by a federal, state, or local governmental entity;
(f) The department of labor and employment has imposed three fines on a contractor within five years pursuant to section 8-17-104, C.R.S., for failure to satisfy Colorado labor requirements; or
(g) The person willfully falsified documentation or willfully misrepresented their qualifications required to comply with the contract.
Source: L. 81: Entire article added, p. 1278, � 1, effective January 1, 1982. L. 92: (2)(e) amended, p. 1090, � 1, effective July 1. L. 96: (2)(d) amended, p. 162, � 3, effective April 8; (1)(a) and (1)(b) amended, p. 1538, � 116, effective June 1. L. 2010: (1)(b) amended, (HB 10-1181), ch. 351, p. 1629, � 24, effective June 7. L. 2013: (2)(f) added, (HB 13-1292), ch. 266, p. 1406, � 15, effective May 24. L. 2017: (1)(a) and (1)(b) amended, (HB 17-1051), ch. 99, p. 340, � 44, effective August 9. L. 2019: (2)(e) and (2)(f) amended and (2)(g) added, (SB 19-196), ch. 316, p. 2956, � 3, effective August 2.
Cross references: In 2013, subsection (2)(f) was added by the Keep Jobs in Colorado Act of 2013. For the short title, see section 1 of chapter 266, Session Laws of Colorado 2013.
24-109-106. Resolution of contract and breach of contract controversies - applicability - authority. (1) This section applies to controversies between the state and a contractor which arise under, or by virtue of, a contract between them, including, without limitation, controversies which are based upon breach of contract, mistake, misrepresentation, or any other cause for contract modification or rescission.
(1.5) When a controversy cannot be resolved by mutual agreement, the aggrieved party may submit the controversy to the procurement official. The procurement official or his or her designee shall, within twenty business days after receiving a written request by the aggrieved party for a final decision, issue a written decision.
(2) The procurement official or his or her designee is authorized to settle and resolve any controversy described in subsection (1) of this section. This authority shall be exercised pursuant to rules promulgated by the executive director which shall provide for an expeditious resolution of the controversy.
Source: L. 81: Entire article added, p. 1279, � 1, effective January 1, 1982. L. 96: (2) amended, p. 1538, � 117, effective June 1. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 341, � 45, effective August 9.