2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 109 - REMEDIES (§§ 24-109-101 — 24-109-505) › Part 1 - PRELITIGATION RESOLUTION OF CONTROVERSIES (§§ 24-109-101 — 24-109-108) › Section 24-109-105 - Debarment and suspension

(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.
Amended by 2019 Ch. 316, § 3, eff. 8/2/2019 and applicable to solicitations issued on or after 7/1/2021, except that for institutions of higher education and the Auraria higher education center created in article 70 of title 23, Colorado Revised Statutes, applicable to public projects approved by their governing boards on or after 7/1/2021.
Amended by 2017 Ch. 99, § 44, eff. 8/9/2017.
Amended by 2013 Ch. 266, § 15, eff. 5/24/2013.
L. 81: Entire article added, p. 1278, § 1, effective 1/1/1982. 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. 1629, p. 1629, § 24, effective June 7. L. 2013: (2)(f) added, (HB 13-1292), ch. 1406, p. 1406, § 15, effective May 24. L. 2017: (1)(a) and (1)(b) amended, (HB 17 -1051), ch. 340, p. 340, § 44, effective August 9. L. 2019: (2)(e) and (2)(f) amended and (2)(g) added, (SB 19-196), ch. 2956, p. 2956, § 3, effective August 2.
Section 4(2) of chapter 316 (SB 19-196), Session Laws of Colorado 2019, provides that the act changing this section applies to solicitations issued on or after July 1, 2021; except that, for institutions of higher education and the Auraria higher education center created in article
70
of title
23
, the act applies to public projects approved by their governing boards on or after July 1, 2021.
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.