§ 24-109-105 — Debarment and suspension

Colorado § 24-109-105

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Remedies

Text

(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.

Legislative History

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.