Colorado

Key Agency(ies):  

• The Department of Personnel and Administration’s (DPA) State Purchasing and Contracts Office serves as the central authority for implementing and enforcing the Colorado Procurement Code.

Key Statute:

• The primary statute is the Colorado Procurement Code, codified at Colo. Rev. Stat. § 24-101-101 et seq., Colorado Revised Statutes (CRS).
• Link

Key Regulations:

• The main implementing regulation is 1 Colo. Code Regs. § 101-9.
• Link

Procurement Types/Highlights:

• Competitive Sealed Bidding (other than construction)
• Competitive Sealed Bidding – Construction
• Competitive Sealed Proposals (RFPs)
• Competitive Sealed Best Value Bidding
• Small Purchases (< $150,000)
• Sole Source Procurements
• Emergency Procurements
• Competitive Reverse Auctions
• Competitive Negotiation

Bid Protests:

Regs Governing Bid Protests:

• 1 Colo. Code Regs. § 101-9, Part 1, R-24-109-102-01 Filing of Protest

Eligible Protesters:

• “Any aggrieved party in connection with the solicitation or award of a contract” may protest the procurement.

Timeliness Rules:

• Invitation for Bids or Request for Proposals:
• The deadline to file a protest is 10 business days after the aggrieved party knows or should have known of the facts giving rise to the protest.
• Small Purchase Solicitation or Award:
• The deadline to file a protest is three business days after the aggrieved party knows or should have known of the facts giving rise to the protest, unless extended to 10 business days by the procurement official.

Protest Process:

• Protesters may file a protest on any phase of solicitation or award, including specifications, award, or disclosure of information marked confidential in the bid offer.
• The written protest must include:
• Name and address of the protester;
• Identification of the procurement;
• A statement of the reasons for the protest; and
• Any available exhibits, evidence, or documents substantiating the protest.
• If an action concerning the protest has commenced in court, the Director or head of a purchasing agency must refer it to the Attorney General.
• The decision must inform the protester of their right to appeal administratively or judicially.
• A stay of a contract for competitively sealed proposals is in effect until any protest is resolved.

Appeals:

• Appeals of decisions must be submitted in writing to the Executive Director:
•  Within 10 working days of the date a decision is mailed, or
•  Within 20 working days of a decision regarding a suspension, debarment, or contract controversy.
• Late appeals will not be considered.
• The appeal must include all documents and evidence previously submitted to the Executive Director, any additional relevant information, and the decision rendered by the Executive Director or head of a purchasing agency.
• The appeal is limited to issues raised in the original protest but may include new evidence related to those issues or the conduct of the protest process.
• A contractor or prospective contractor bringing an appeal may request a hearing by the Executive Director.
• Hearings are informal, and the Executive Director may regulate the course of the hearing, receive evidence, and set time limitations for briefs.

Claims: 

• Colorado’s procedure for claims is laid out in Colo. Rev. Stat. § 24-109-106-107:
• A contractor must submit a written claim to the procurement official (usually the agency’s procurement officer).
• The claim must be filed within 30 days after the contractor knows (or should have known) the basis of the claim.
• The procurement official must issue a written decision within 20 business days after receiving a written request for final decision.
• If the procurement official fails to issue a decision, the claim is deemed denied.
• If the contractor is unsatisfied, they may appeal in writing to the Executive Director of DPA within 10 business days after receiving the decision.
• The Executive Director can review the record, request more information, and may allow an informal hearing.
• The Executive Director will issue the final agency decision.
• The contractor may seek judicial review if still dissatisfied.
• The contractor must continue performing work during the pendency of the claim.

Suspension & Debarment:

• Both actions are authorized under Article 109 of the Colorado Procurement Code.
• Initiated by the head of a purchasing agency or designee, after consultation with the procuring agency and the Attorney General.
• Grounds for suspension and debarment include:
• Criminal convictions related to procurement
• Serious contract violations
• Fraud, misrepresentation, or unethical behavior
• Repeated failure to perform or comply with contract terms
• Conduct affecting the contractor’s responsibility or integrity
• Contractor must be:
• Notified in writing of the action
• Given an opportunity to respond
• Allowed to request a hearing or review
• The decision is final and conclusive unless:
• It is shown to be fraudulent
• It is appealed through administrative or judicial channels

Interesting/Distinctions: 

Colorado has set-asides and preferences for resident, in-state vendors, as well as veteran-owned small businesses.