reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 104 - SPECIFICATIONS (§§ 24-104-101 — 24-104-208) › Part 2 - SPECIFICATIONS (§§ 24-104-201 — 24-104-208) › Section 24-104-204 - Relationship with using agencies

The chief procurement officer may obtain expert advice and assistance from personnel of using agencies in the development of specifications and may delegate, in writing, to a using agency the authority to prepare and utilize its own specifications.
Amended by 2017 Ch. 99, § 31, eff. 8/9/2017.
L. 81: Entire article added, p. 1272, § 1, effective 1/1/1982. L. 96: Entire section amended, p. 1537, § 112, effective June 1. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 329, § 31, effective August 9.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 104 - SPECIFICATIONS (§§ 24-104-101 — 24-104-208) › Part 2 - SPECIFICATIONS (§§ 24-104-201 — 24-104-208) › Section 24-104-205 - Maximum practicable competition

All specifications shall seek to promote overall economy for the purposes intended and encourage competition in satisfying the state's needs and shall not be unduly restrictive.
L. 81: Entire article added, p. 1272, § 1, effective 1/1/1982.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 104 - SPECIFICATIONS (§§ 24-104-101 — 24-104-208) › Part 2 - SPECIFICATIONS (§§ 24-104-201 — 24-104-208) › Section 24-104-206 - Ownership considerations

When feasible, specifications shall incorporate the concepts of energy efficiency, value analysis, and life-cycle cost.
L. 81: Entire article added, p. 1272, § 1, effective 1/1/1982.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 104 - SPECIFICATIONS (§§ 24-104-101 — 24-104-208) › Part 2 - SPECIFICATIONS (§§ 24-104-201 — 24-104-208) › Section 24-104-207 - Specifications prepared by architects and engineers

The requirements of this article regarding the purposes and nonrestrictiveness of specifications shall apply to all specifications unless otherwise provided by law.
L. 81: Entire article added, p. 1272, § 1, effective 1/1/1982.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 104 - SPECIFICATIONS (§§ 24-104-101 — 24-104-208) › Part 2 - SPECIFICATIONS (§§ 24-104-201 — 24-104-208) › Section 24-104-208 - Purchase of compost by governmental bodies - definitions

(1)
In addition to any other applicable requirement specified in the code, no compost may be purchased by a governmental body unless the compost satisfies minimum standards specified by the department of agriculture.
(2)
For purposes of this section, "compost" means a substance derived from a process of biologically degrading organic materials that contains one or more essential available plant nutrients and that complies with minimum standards for the identification of such substance specified by the commissioner of agriculture by rule.
Renumbered from C.R.S. § 24-103-209 and amended by 2017 Ch. 99, § 32, eff. 8/9/2017.
L. 2017: Entire section added with relocated provisions, (HB 17-1051), ch. 99, p. 329, § 32, effective August 9.
This section is similar to former § 24-103-209 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 105 - CONSTRUCTION CONTRACTS (§§ 24-105-101 — 24-105-302) › Part 1 - MANAGEMENT OF CONSTRUCTION CONTRACTING (§§ 24-105-101 — 24-105-102) › Section 24-105-101 - Responsibility for selection of methods of construction contracting management

The executive director may promulgate rules providing for as many alternative methods of construction contracting management as he or she may determine to be feasible. These rules may set forth criteria to be used in determining which method of construction contracting management is to be used for a particular project, grant to the head of a division within the department or the procurement official who is responsible for carrying out the construction project the discretion to select the appropriate method of construction contracting management for a particular project, and require the procurement agent to execute and include in the contract file a written statement setting forth the facts which led to the selection of a particular method of construction contracting management for each project.
Amended by 2017 Ch. 99, § 33, eff. 8/9/2017.
L. 81: Entire article added, p. 1272, § 1, effective 1/1/1982. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 329, § 33, effective August 9.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 105 - CONSTRUCTION CONTRACTS (§§ 24-105-101 — 24-105-302) › Part 1 - MANAGEMENT OF CONSTRUCTION CONTRACTING (§§ 24-105-101 — 24-105-102) › Section 24-105-102 - [Repealed]

Repealed by 2017 Ch. 99, § 77, eff. 8/9/2017.
L. 2007: Entire section added, p. 1240, § 4, effective August 3. L. 2010: (1)(a)(I) and (1)(b) amended, (SB 10 -003), ch. 391, p. 1853, § 33, effective June 9. L. 2017: Entire section repealed, (HB 17-1051), ch. 99, p. 354, § 77, effective August 9.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 105 - CONSTRUCTION CONTRACTS (§§ 24-105-101 — 24-105-302) › Part 2 - BONDS (§§ 24-105-201 — 24-105-203) › Section 24-105-201 - Bid security

(1)
Bid security shall be required for all invitations for bids for construction contracts when the price is estimated by the procurement agent to exceed fifty thousand dollars. Bid security shall be a bond provided by a surety company authorized to do business in this state, the equivalent in cash, or otherwise supplied in a form satisfactory to the state. Nothing in this subsection (1) prevents the requirement of such bonds on construction contracts under fifty thousand dollars.
(2)
Bid security shall be in an amount equal to at least five percent of the amount of the bid.
(3)
When the invitation for bids requires security, noncompliance requires that the bid be rejected as nonresponsive.
(4)
After the bids are opened, they shall be irrevocable for the period specified in the invitation for bids, except as provided in section
24-103-202 (6)
. If a bidder is permitted to withdraw his bid before award, no action shall be had against the bidder or the bid security.
Amended by 2017 Ch. 99, § 34, eff. 8/9/2017.
L. 81: Entire article added, p. 1273, § 1, effective 1/1/1982. L. 2017: (1) amended, (HB 17-1051), ch. 99, p. 329, § 34, effective August 9.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 105 - CONSTRUCTION CONTRACTS (§§ 24-105-101 — 24-105-302) › Part 2 - BONDS (§§ 24-105-201 — 24-105-203) › Section 24-105-202 - Contract performance and payment bonds - applicability

(1)
When a construction contract is awarded in excess of one hundred fifty thousand dollars, the following bonds or security shall be delivered to the state and shall become binding on the parties upon the execution of the contract:
(a)
A performance bond satisfactory to the state, executed by a surety company authorized to do business in this state or otherwise secured in a manner satisfactory to the state, in an amount equal to fifty percent of the price specified in the contract; and
(b)
A payment bond satisfactory to the state, executed by a surety company authorized to do business in this state or otherwise secured in a manner satisfactory to the state, for the protection of all persons supplying labor and material to the contractor or its subcontractors for the performance of the work provided for in the contract. The bond shall be in an amount equal to fifty percent of the price specified in the contract.
(2)
Nothing in this section shall be construed to limit the authority of the state to require a performance bond or other security in addition to those bonds or in circumstances other than those specified in subsection (1) of this section.
(3)
Suits on payment bonds and labor and payment bonds shall be brought in accordance with sections
38-26-105
to
38-26-107
, C.R.S.
(4)
This section applies to all construction contracts awarded to a private entity for construction that is situated or located on publicly owned property using any public or private money or public or private financing.
Amended by 2019 Ch. 117, § 2, eff. 8/2/2019.
Amended by 2014 Ch. 378, § 64, eff. 6/6/2014.
L. 81: Entire article added, p. 1273, § 1, effective 1/1/1982. L. 2004: IP(1) amended, p. 228, § 3, effective August 4. L. 2014: IP(1) amended, (HB 14-1387), ch. 1852, p. 1852, § 64, effective June 6. L. 2019: (4) added, (SB 19-138), ch. 494, p. 494, § 2, effective August 2.
(1) For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014. (2) For the legislative declaration in SB 19-138, see section 1 of chapter 117, Session Laws of Colorado 2019.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 105 - CONSTRUCTION CONTRACTS (§§ 24-105-101 — 24-105-302) › Part 2 - BONDS (§§ 24-105-201 — 24-105-203) › Section 24-105-203 - Bond forms and copies

(1)
The form of bonds required by this part 2 shall be as provided in sections
38-26-105
to
38-26-107
, C.R.S.
(2)
Any person may request and obtain from the state a certified copy of a bond upon payment of the cost of reproduction of the bond and postage, if any. A certified copy of a bond shall be prima facie evidence of the contents, execution, and delivery of the original.
L. 81: Entire article added, p. 1273, § 1, effective 1/1/1982.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 105 - CONSTRUCTION CONTRACTS (§§ 24-105-101 — 24-105-302) › Part 3 - CONSTRUCTION CONTRACT CLAUSES AND FISCAL RESPONSIBILITY (§§ 24-105-301 — 24-105-302) › Section 24-105-302 - Fiscal responsibility

Every contract modification or contract price adjustment under a construction contract with the state in excess of an amount specified in the contract shall be subject to prior written certification by the controller or other official responsible for monitoring and reporting upon the status of the costs of the total project or contract budget as to the effect of the contract modification or adjustment in contract price on the total project or contract budget. In the event that the certification of the controller or other responsible official discloses a resulting increase in the total project or contract budget, the procurement agent shall not execute or make such contract modification or adjustment in contract price unless sufficient funds are available therefor or the scope of the project or contract is adjusted so as to permit the degree of completion that is feasible within the total project or contract budget as it existed prior to the contract modification or adjustment in contract price under consideration; except that, with respect to the validity of any executed contract modification or adjustment in contract price which the contractor has reasonably relied upon, it shall be presumed that there has been compliance with the provisions of this section.
Amended by 2017 Ch. 99, § 36, eff. 8/9/2017.
L. 81: Entire article added, p. 1275, § 1, effective 1/1/1982. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 330, § 36, effective August 9.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 106 - MODIFICATION AND TERMINATION OF CONTRACTS (§§ 24-106-101 — 24-106-109) › Section 24-106-102 - Supplementary general principles of law applicable

Unless displaced by the particular provisions of this code, the principles of law and equity, including the "Uniform Commercial Code", the law merchant, and any law relative to capacity to contract, agency, fraud, misrepresentation, duress, coercion, mistake, or bankruptcy shall supplement the provisions of this code.
Renumbered from C.R.S. § 24-101-103 and amended by 2017 Ch. 99, § 38, eff. 8/9/2017.
L. 2017: Entire section added with relocated provisions, (HB 17-1051), ch. 99, p. 331, § 38, effective August 9.
This section is similar to former § 24-101-103 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 106 - MODIFICATION AND TERMINATION OF CONTRACTS (§§ 24-106-101 — 24-106-109) › Section 24-106-104 - Types of contracts

Subject to the limitations of this section, any type of contract which will promote the best interests of the state may be used; except that the use of a cost-plus-a-percentage-of-cost contract is prohibited. A contingency-based contract may be used only upon approval by the governor's office of state planning and budgeting pursuant to section
24-17-204
. A cost-reimbursement contract may be used only when a determination is made in writing that such contract is likely to be less costly to the state than any other type of contract or that it is impracticable to obtain the supplies, services, or construction required unless the cost-reimbursement contract is used.
Renumbered from C.R.S. § 24-103-501 and amended by 2017 Ch. 99, § 38, eff. 8/9/2017.
L. 2017: Entire section added with relocated provisions, (HB 17-1051), ch. 99, p. 331, § 38, effective August 9.
This section is similar to former § 24-103-501 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 106 - MODIFICATION AND TERMINATION OF CONTRACTS (§§ 24-106-101 — 24-106-109) › Section 24-106-105 - Multiyear contracts

(1)
Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time deemed to be in the best interests of the state if the term of the contract and conditions of renewal or extension, if any, are included in the solicitation and if funds are available for the first year at the time of contracting. If the chief procurement officer determines that extenuating circumstances exist and an extension of the contract beyond the term included in the solicitation is in the best interest of the governmental body, then the chief procurement officer may approve a longer term for a reasonable time based on what is practicable and necessary given the circumstances. The state shall initiate the renewal or extension of a contract for supplies or services. Payment and performance obligations for succeeding fiscal years shall be subject to the availability and appropriation of funds therefor.
(2)
Prior to the utilization of a multiyear contract, it shall be determined in writing:
(a)
That estimated requirements cover the period of the contract and are reasonably firm and continuing; and
(b)
That such a contract will serve the best interests of the state by encouraging effective competition or otherwise promoting economies in state procurement.
(3)
When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal year, the contract shall be canceled, and the contractor may be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the supplies or services delivered under the contract.
Renumbered from C.R.S. § 24-103-503 and amended by 2017 Ch. 99, § 38, eff. 8/9/2017.
L. 2017: Entire section added with relocated provisions, (HB 17-1051), ch. 99, p. 331, § 38, effective August 9.
This section is similar to former § 24-103-503 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 106 - MODIFICATION AND TERMINATION OF CONTRACTS (§§ 24-106-101 — 24-106-109) › Section 24-106-106 - Right to audit records

The state shall be entitled to audit the books and records of any contractor or subcontractor under any negotiated contract or subcontract to the extent that the books and records relate to the performance of a state contract or subcontract, if the state is able, in conducting any such audit, to maintain the confidentiality of any information contained in the books and records that is deemed proprietary as determined by the state. Such books and records shall be maintained by the contractor for a period of six years after the date of final payment under the prime contract and by the subcontractor for a period of six years after the date of final payment under the subcontract, unless a shorter period is otherwise authorized in writing.
Renumbered from C.R.S. § 24-103-601 and amended by 2017 Ch. 99, § 38, eff. 8/9/2017.
L. 2017: Entire section added with relocated provisions, (HB 17-1051), ch. 99, p. 331, § 38, effective August 9.
This section is similar to former § 24-103-601 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 106 - MODIFICATION AND TERMINATION OF CONTRACTS (§§ 24-106-101 — 24-106-109) › Section 24-106-108 - Administrative rules - cost reimbursement

The executive director may promulgate rules setting forth cost principles which may be used to determine the allowability of incurred costs for the purpose of reimbursing costs under contract provisions which provide for the reimbursement of costs.
Renumbered from C.R.S. § 24-107-101 and amended by 2017 Ch. 99, § 38, eff. 8/9/2017.
L. 2017: Entire section added with relocated provisions, (HB 17-1051), ch. 99, p. 331, § 38, effective August 9.
This section is similar to former § 24-107-101 as it existed prior to 2017.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 106 - MODIFICATION AND TERMINATION OF CONTRACTS (§§ 24-106-101 — 24-106-109) › Section 24-106-109 - Terms and conditions in contracts

Any term or condition in any contract entered into by the state that requires the state to indemnify or hold harmless another person, except as otherwise authorized by law, or by which the state agrees to binding arbitration or any other binding extra-judicial dispute resolution process in which the final resolution is not determined by the state, or by which the state agrees to limit liability of another person for bodily injury, death, or damage to tangible property of the state caused by the negligence or willful misconduct of such person or such person's employees or agents shall be void ab initio; except that the contract containing that term or condition shall otherwise be enforceable as if it did not contain such term or condition. All contracts entered into by the state, except for contracts with another government, shall be governed by Colorado law notwithstanding any term or condition to the contrary.
Added by 2017 Ch. 99, § 39, eff. 8/9/2017.
L. 2017: Entire section added, (HB 17-1051), ch. 99, p. 338, § 39, effective August 9.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 107 - COST PRINCIPLES (§ 24-107-101) › Section 24-107-101 - [Repealed]

Repealed by 2017 Ch. 99, § 76, eff. 8/9/2017.
Renumbered as C.R.S. §
24-106-108
by 2017 Ch. 99, § 38, eff. 8/9/2017.
This section was relocated to §
24-106-108
in 2017.
2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PROCUREMENT CODE (§§ 24-101-101 — 24-112-101) › Article 108 - [Repealed] (§ 24-108-101) › Section 24-108-101 - to 24-108-401 - [Repealed]

L. 86: Entire article repealed, p. 757, § 13, effective 7/1/1987.
This article was added in 1981.
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 24-109-101 - [Repealed]

Repealed by 2017 Ch. 99, § 76, eff. 8/9/2017.
Renumbered as C.R.S. §
24-109-101.5
by 2017 Ch. 99, § 41, eff. 8/9/2017.
This section was relocated to §
24-109-101.5
in 2017.
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 24-109-101.1 - Definitions

As used in this article 109, unless the context otherwise requires:
(1)
"Aggrieved party" means any actual or prospective bidder, offeror, or contractor who believes that he or she has suffered a denial of legal rights under this code in connection with the solicitation or award of a contract. For purposes of contract controversies, an aggrieved party may also be the contractor.
(2)
"Material issue" means a nontrivial defect in the solicitation or award that would prejudice the outcome of the procurement. The presence of multiple nonmaterial issues in a solicitation or award does not constitute a material issue unless the aggrieved party can establish that those nonmaterial issues together would prejudice the outcome of the procurement.
Added by 2017 Ch. 99, § 40, eff. 8/9/2017.
L. 2017: Entire section added, (HB 17-1051), ch. 99, p. 339, § 40, effective August 9.
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 24-109-101.5 - Resolution of controversies

(1)
The procurement official or his or her designee is authorized to settle and resolve any questions regarding:
(a)
Any protest concerning the solicitation or award of a contract;
(b)
Debarment or suspension from consideration for award of contracts; and
(c)
Any controversy arising between the state and a contractor by virtue of a contract between them, including, without limitation, controversies based upon breach of contract, mistake, misrepresentation, or any other cause for contract modification or rescission.
(2)
Any decision of the procurement official or his or her designee with respect to a material issue raised in a protest is subject to appeal pursuant to part 2 of this article 109.
(3)
Except for appeals referred to the office of administrative courts pursuant to section
24-109-201
, the provisions of section
24-4-105
shall not apply to the administrative procedures established pursuant to this article 109.
Renumbered from C.R.S. § 24-109-101 and amended by 2017 Ch. 99, § 41, eff. 8/9/2017.
L. 2017: Entire section added with relocated provisions, (HB 17-1051), ch. 99, p. 339, § 41, effective August 9.
This section is similar to former § 24-109-101 as it existed prior to 2017.
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 24-109-102 - Protested solicitations and awards

(1)
Any aggrieved party in connection with the solicitation or award of a contract may protest to the procurement official or his or her designee. The protest of an invitation for bids or a request for proposals shall be submitted in writing to the procurement official or his or her designee within ten business days after such aggrieved party knows or should have known of the facts giving rise thereto. The protest of a small purchase solicitation or award of contract shall be submitted in writing to the procurement official or his or her designee within three business days, unless the procurement official otherwise extends the time period to ten business days, after such aggrieved party knows or should have known of the facts giving rise thereto.
(2)
The procurement official or his or her designee shall have the authority to settle and resolve a protest of an aggrieved party concerning the solicitation or award of a contract. A written decision regarding the protest shall be rendered within ten business days after the protest is filed. The decision shall be based on and limited to a review of the material issues raised by the aggrieved party and shall set forth each factor taken into account in reaching the decision. This authority shall be exercised pursuant to rules promulgated by the executive director to provide for the expeditious resolution of the protest. Remedies awarded pursuant to this decision, if any, shall be limited to those set forth in part 5 of this article 109.
(3)
If the procurement official or his or her designee does not issue a written decision regarding a solicitation or award within the period specified in this article 109 or within such longer period as may be agreed upon by the procurement official and the aggrieved party, then the aggrieved party may proceed as if the procurement official or his or her designee had rendered an adverse decision.
Amended by 2017 Ch. 99, § 42, eff. 8/9/2017.
L. 81: Entire article added, p. 1278, § 1, effective 1/1/1982. L. 96: (2) amended, p. 161, § 2, effective April 8; (1) and (2) amended, p. 1538, § 115, effective June 1. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 340, § 42, effective August 9.
Amendments to subsection (2) by Senate Bill 96-228 and House Bill 96-1225 were harmonized.
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 24-109-103 - Stay of procurements

A contract resulting from a request for proposals is not awarded until any protest made in connection with the request for proposals has been resolved pursuant to section
24-109-102 (2)
.
Amended by 2017 Ch. 99, § 43, eff. 8/9/2017.
L. 81: Entire article added, p. 1278, § 1, effective 1/1/1982. L. 85: Entire section repealed, p. 875, § 12, effective June 6. L. 2017: Entire section RC&RE, (HB 17-1051), ch. 99, p. 340, § 43, effective August 9.
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 24-109-104 - [Repealed]

Repealed by 2017 Ch. 99, § 77, eff. 8/9/2017.
L. 81: Entire article added, p. 1278, § 1, effective 1/1/1982. L. 85: Entire section amended, p. 874, § 4, effective June 6. L. 2017: Entire section repealed, (HB 17-1051), ch. 99, p. 354, § 77, effective August 9.
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 24-109-106 - 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.
Amended by 2017 Ch. 99, § 45, eff. 8/9/2017.
L. 81: Entire article added, p. 1279, § 1, effective 1/1/1982. 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.
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 24-109-107 - Issuance and appeal of decision

(1)
The procurement official or his or her designee shall issue a written decision within the periods specified in this article 109 regarding any protest, debarment or suspension, or contract controversy if it is not settled by mutual agreement. The decision shall state the reasons for the action taken and give notice to the aggrieved party of his or her right to administrative review of any material issue and judicial review as provided for in this article 109.
(2)
A decision shall be effective unless reversed on appeal. A copy of the decision rendered under subsection (1) of this section shall be mailed or otherwise furnished immediately to the aggrieved party. The decision shall be final and conclusive unless the aggrieved party appeals the decision to the executive director or commences an action in court pursuant to this article 109. Except for appeals referred to the office of administrative courts pursuant to section
24-109-201
, an appeal from a decision under this section shall not be subject to the provisions of section
24-4-105
.
(3)
If the procurement official or his or her designee does not issue a written decision regarding a contract controversy within twenty business days after written request for a final decision, or within such longer period as may be agreed upon by the procurement official or his or her designee and the contractor, then the contractor may proceed as if a decision against him or her had been rendered.
Amended by 2017 Ch. 99, § 46, eff. 8/9/2017.
L. 81: Entire article added, p. 1279, § 1, effective 1/1/1982. L. 85: Entire section amended, p. 874, § 5, effective June 6. L. 96: (1) and (3) amended, p. 1539, § 118, effective June 1. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 341, § 46, effective August 9.
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 24-109-108 - Computation of time

For the purposes of this article 109, in computing time for a period of days, the first business day is excluded and the last business day is included.
Added by 2017 Ch. 99, § 47, eff. 8/9/2017.
L. 2017: Entire section added, (HB 17-1051), ch. 99, p. 342, § 47, effective August 9.
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 2 - APPEALS (§§ 24-109-201 — 24-109-206) › Section 24-109-201 - Appeal to the executive director - stay of procurements

(1)
Unless an action has been initiated previously in the district court of the city and county of Denver pursuant to this article 109, the executive director shall have the authority to review and determine any appeal by an aggrieved party from a decision of the procurement official or his or her designee rendered pursuant to section
24-109-107
. The executive director is authorized to designate another person to exercise his or her powers pursuant to this part 2. The executive director or his or her designee may refer an appeal to the office of administrative courts to review and determine any appeal pursuant to section
24-30-1001
. If the aggrieved party files an action with the district court of the city and county of Denver pursuant to section
24-109-205
at any time during the review by the executive director or his or her designee, the authority of the executive director or the executive director's designee is terminated.
(2)
A contract for a total value of one million five hundred thousand dollars or more resulting from a request for proposals is not awarded until any appeal made in connection with the request for proposals has been resolved pursuant to this part 2; except that the executive director or the executive director's designee may override the stay if he or she determines that such override is in the best interest of the state.
Amended by 2017 Ch. 99, § 48, eff. 8/9/2017.
L. 81: Entire article added, p. 1280, § 1, effective 1/1/1982. L. 96: Entire section amended, p. 1539, § 119, effective June 1. L. 2017: Entire part amended, (HB 17-1051), ch. 99, p. 342, § 48, effective August 9.
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 2 - APPEALS (§§ 24-109-201 — 24-109-206) › Section 24-109-202 - Rules of procedure

(1)
The executive director shall adopt rules of procedure which, to the fullest extent possible, provide for the expeditious resolution of appeals of controversies. The only parties to the appeals shall be the aggrieved parties and the appropriate governmental body. Section
24-4-105
shall not apply to reviews and determinations made by the executive director or his or her designee pursuant to this article 109.
(2)
An appeal is limited to only the material issues raised in the original protest; except that the appeal may include new evidence or additional information related to those material issues or material issues related to the conduct of the protest.
Amended by 2017 Ch. 99, § 48, eff. 8/9/2017.
L. 81: Entire article added, p. 1280, § 1, effective 1/1/1982. L. 85: Entire section amended, p. 874, § 6, effective June 6. L. 96: Entire section amended, p. 1539, § 120, effective June 1. L. 2017: Entire part amended, (HB 17-1051), ch. 99, p. 343, § 48, effective August 9.
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 2 - APPEALS (§§ 24-109-201 — 24-109-206) › Section 24-109-203 - Time limitation for appeals

(1)
In the case of an appeal to the executive director from a decision regarding a protested solicitation or award, the aggrieved party shall file an appeal within ten business days of the date that a decision is mailed or otherwise furnished to the aggrieved party pursuant to section
24-109-107 (2)
.
(2)
In the case of an appeal to the executive director from a decision regarding a debarment, suspension, or contract controversy, the aggrieved party shall file an appeal within twenty business days of a decision rendered or deemed to be rendered pursuant to section
24-109-107
.
Amended by 2017 Ch. 99, § 48, eff. 8/9/2017.
L. 81: Entire article added, p. 1280, § 1, effective 1/1/1982. L. 85: Entire section amended, p. 874, § 7, effective June 6. L. 2017: Entire part amended, (HB 17-1051), ch. 99, p. 343, § 48, effective August 9.
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 2 - APPEALS (§§ 24-109-201 — 24-109-206) › Section 24-109-204 - Decisions of the executive director

(1)
On each appeal submitted, the executive director or his or her designee shall promptly decide the contract controversy, debarment, or suspension or whether the solicitation or award was in accordance with the procedures provided in this code, regulations enacted pursuant to this code, and the terms and conditions of the solicitation. The decision shall be in writing. A copy of any decision shall be provided to the aggrieved party and the procurement official of the using agency.
(2)
In the case of any protest concerning the solicitation or award of a contract or of debarment or suspension from consideration for award of contract or contract controversy, a written decision shall be issued within thirty business days after receipt of the appeal.
(3)
If the executive director or his or her designee determines that the solicitation or award was not in accordance with this code, remedies awarded in the decision, if any, shall be limited to those set forth in part 5 of this article 109.
Amended by 2017 Ch. 99, § 48, eff. 8/9/2017.
L. 81: Entire article added, p. 1280, § 1, effective 1/1/1982. L. 85: Entire section amended, p. 874, § 8, effective June 6. L. 96: Entire section amended, p. 162, § 4, effective April 8. L. 2017: Entire part amended, (HB 17-1051), ch. 99, p. 343, § 48, effective August 9.
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 2 - APPEALS (§§ 24-109-201 — 24-109-206) › Section 24-109-205 - Appeals to district court

An appeal of a decision of the executive director or his or her designee rendered pursuant to section
24-109-201
or by the procurement official or his or her designee rendered pursuant to section
24-109-107
shall be filed with the district court for the city and county of Denver, which shall have exclusive jurisdiction to hear such appeals. The provisions of section
24-4-106
shall not apply to any appeal to the district court under this part 2.
Amended by 2017 Ch. 99, § 48, eff. 8/9/2017.
L. 81: Entire article added, p. 1280, § 1, effective 1/1/1982. L. 85: Entire section amended, p. 875, § 9, effective June 6. L. 96: Entire section amended, p. 1539, § 121, effective June 1. L. 2017: Entire part amended, (HB 17-1051), ch. 99, p. 344, § 48, effective August 9.
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 2 - APPEALS (§§ 24-109-201 — 24-109-206) › Section 24-109-206 - Time limitations on appeals to the district court

(1)
A judicial review of a decision of the executive director or his or her designee or of the procurement official or his or her designee shall be initiated within the following time periods:
(a)
In the case of an action between the state and an aggrieved party aggrieved in connection with the solicitation or award of a contract, within ten business days after the decision is rendered;
(b)
In the case of a suspension or debarment, within six months after the decision is rendered; or
(c)
In the case of an action on a contract or for breach of a contract, within twenty business days after the date the decision is rendered.
Amended by 2017 Ch. 99, § 48, eff. 8/9/2017.
L. 81: Entire article added, p. 1280, § 1, effective 1/1/1982. L. 96: IP(1) amended, p. 1540, § 122, effective June 1. L. 2017: Entire part amended, (HB 17-1051), ch. 99, p. 344, § 48, effective August 9.
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 3 - INTEREST (§ 24-109-301) › Section 24-109-301 - Interest

Except for interest payable on liability incurred by the state under section
24-30-202 (24)
, interest on amounts determined to be due to a contractor or to the state under this code shall accrue from the date the controversy was submitted pursuant to section
24-109-106
through the final resolution of the controversy by the procurement official or upon final determination of the executive director or adjudication of the Denver district court, whichever occurs last. Interest shall be calculated at the amount due at the rate set forth in the contract or at the rate of one percent per month, whichever is greater, until the amount is paid in full.
Amended by 2017 Ch. 99, § 49, eff. 8/9/2017.
L. 81: Entire article added, p. 1281, § 1, effective 1/1/1982. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 344, § 49, effective August 9.
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 4 - SOLICITATIONS AND AWARDS IN VIOLATION OF THE LAW (§§ 24-109-401 — 24-109-404) › Section 24-109-401 - [Repealed]

Repealed by 2017 Ch. 99, § 77, eff. 8/9/2017.
L. 81: Entire article added, p. 1281, § 1, effective 1/1/1982. L. 2017: Entire section repealed, (HB 17-1051), ch. 99, p. 354, § 77, effective August 9.
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 4 - SOLICITATIONS AND AWARDS IN VIOLATION OF THE LAW (§§ 24-109-401 — 24-109-404) › Section 24-109-402 - [Repealed]

Repealed by 2017 Ch. 99, § 77, eff. 8/9/2017.
L. 81: Entire article added, p. 1281, § 1, effective 1/1/1982. L. 2017: Entire section repealed, (HB 17-1051), ch. 99, p. 354, § 77, effective August 9.
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 4 - SOLICITATIONS AND AWARDS IN VIOLATION OF THE LAW (§§ 24-109-401 — 24-109-404) › Section 24-109-403 - [Repealed]

Repealed by 2017 Ch. 99, § 77, eff. 8/9/2017.
L. 81: Entire article added, p. 1281, § 1, effective 1/1/1982. L. 2017: Entire section repealed, (HB 17-1051), ch. 99, p. 354, § 77, effective August 9.
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 4 - SOLICITATIONS AND AWARDS IN VIOLATION OF THE LAW (§§ 24-109-401 — 24-109-404) › Section 24-109-404 - Liability of public employees

If any governmental body purchases any supplies, services, or construction contrary to the provisions of this code or the rules promulgated pursuant thereto, the head of such governmental body and the public employee, which for the purposes of this section includes elected officials, actually making such purchase shall be personally liable for the costs of such supplies, services, or construction. If such supplies, services, or construction are unlawfully purchased and paid for with state moneys, the amount thereof may be recovered in the name of the state in an appropriate civil action.
Amended by 2017 Ch. 99, § 50, eff. 8/9/2017.
L. 81: Entire article added, p. 1281, § 1, effective 1/1/1982. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 344, § 50, effective August 9.
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 5 - REMEDIES (§§ 24-109-501 — 24-109-505) › Section 24-109-501 - Applicability

The remedies set forth in this part 5 shall be the exclusive remedies available to an aggrieved party upon a judicial or administrative determination that a solicitation or award of a contract was in violation of this code. For the purposes of this part 5, a violation of the code shall not include administrative or clerical defects that are not material to the solicitation or award of a contract or that can be corrected by the governmental body. Any relief not expressly provided for in this part 5 is prohibited.
L. 2017: Entire part added, (HB 17-1051), ch. 99, p. 345, § 51, effective August 9.
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 5 - REMEDIES (§§ 24-109-501 — 24-109-505) › Section 24-109-502 - Protests - remedies prior to an award

If, prior to the awarding of a contract, the procurement official determines that a solicitation or the proposed award is in violation of this code, the solicitation or proposed award shall be canceled or revised to comply with this code, at the direction of the procurement official. The determination of the procurement official under this section shall not be subject to further administrative or judicial review.
L. 2017: Entire part added, (HB 17-1051), ch. 99, p. 345, § 51, effective August 9.
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 5 - REMEDIES (§§ 24-109-501 — 24-109-505) › Section 24-109-503 - Protest - remedies following an award - ratification by chief procurement officer

If the procurement official determines that the solicitation or award is in violation of this code, the procurement official may cancel or terminate such solicitation or award, direct the governmental body to modify such solicitation or award to eliminate the violations, or if the procurement official determines that the solicitation or award is in the best interests of the state, the procurement official may submit the recommendation to ratify the solicitation or award to the executive director or the chief procurement officer or a designee of either officer. If the executive director or chief procurement officer or a designee of either officer elects to ratify the solicitation or award, the aggrieved party who should have been awarded the contract under the solicitation, but was not, shall be entitled to costs as set forth in section
24-109-505
. The acceptance of costs by the aggrieved party constitutes a waiver of the right to appeal the determination of the executive director or the chief procurement officer or a designee of either officer.
L. 2017: Entire part added, (HB 17-1051), ch. 99, p. 345, § 51, effective August 9.