2 Colo. Code Regs. § 601-10-1.00

Current through Register Vol. 47, No. 11, June 10, 2024

Section 2 CCR 601-10-1.00 - Definitions

1.01 Adequate Evidence: Information sufficient to support the reasonable belief that a particular act or omission has occurred.

1.02 Affiliates: Persons are affiliates of each other if, directly or indirectly, either one controls or has the power to control the other, or, a third person controls or, has the power to control both. Indications of control include but are not limited to: interlocking management or ownership, identity of common interests among family members, shared facilities and equipment, common use of employees, or a business entity organized following the Suspension, Debarment or Voluntary Exclusion of a Person which has the same or similar management, ownership, or principal employees as the suspended, debarred, or voluntarily excluded Person.

1.03 Award: The acceptance by CDOT of a Bid.

1.04 Best Value: The Competitive Sealed Best Value ("CSBV") Bid determined to provide the greatest benefit to the State of Colorado based upon the factors set forth in Section 24-92-103.5(3), C.R.S.

1.05 Bid: The offer of a Contractor, on the prescribed Bid Proposal form, to perform the Work and to furnish the labor and materials in conformance with the Invitation for Bids at the prices quoted.

1.06 Bid Proposal: The approved form on which Bids are prepared and submitted to CDOT through the electronic or written sealed bidding process as set forth in the Invitation for Bid.

1.07 CDOT: The Colorado Department of Transportation.

1.08 Civil Judgment: The disposition of a civil action by any court of competent jurisdiction, whether entered by verdict, decision, settlement, stipulation, or otherwise creating a civil liability for the acts complained of in the civil action.

1.09 Contract: The written agreement between CDOT and the Contractor setting forth the obligations of the parties, including, but not limited to, the performance of the Work, the furnishing of labor and materials, and the basis of payment.

The "Contract" includes the Invitation for Bids, Bid, Bid Proposal, Contract forms and Contract Bonds, specifications, supplemental specifications, special provisions, and general and detailed plans; also included are any Contract modification orders and agreements that are required to complete the construction of the Work in an acceptable manner, including authorized extensions thereof, all of which constitute one instrument.

1.10 Contract Bonds: The approved forms of security, executed by the Contractor and its surety or sureties, guaranteeing complete execution of the Contract and all supplemental agreements pertaining thereto and the payment of all legal obligations pertaining to the completion of the project.

1.11 Contractor: Any individual, partnership, corporation, joint venture, company, firm, association, or any other legal entity contracting with, or intending to Contract with, CDOT for performance of prescribed Work.

1.12 Conviction: A judgment of conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, including a plea of nolo contendre.

1.13 Corrective Action Plan: A written plan of action submitted by a Contractor at the request of CDOT.

1.14 CSBV: Competitive Sealed Best Value construction projects funded exclusively with state funds.

1.15 Debarment: Action taken by CDOT pursuant to these rules prohibiting a Person from directly or indirectly performing any Work for, or otherwise in any manner participating in, a Public Project, which also includes termination of any Prequalification status of the Person.

1.16 Determination of Non-responsibility: A written determination by CDOT setting forth the reasons that the Low Apparent Bidder is not eligible to be Awarded the Contract on a particular project.

1.17 Disadvantaged Business Enterprise ("DBE") Certification: Verification of a firm's compliance with the requirements of and meeting the eligibility standards set forth in Part 26 of Title 49 of the Code of Federal Regulations.

1.18 Electronic Bid: A Bid transmitted electronically to CDOT that complies with the requirements set forth in the Invitation for Bids.

1.19 Electronic Signature: An electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record that complies with the requirements set forth in the Invitation for Bids.

1.20 Indictment: Information or other filing by a competent authority charging a criminal offense.

1.21 Individual: A particular person.

1.22 Ineligible: Excluded from participation in Public Projects.

1.23 Invitation for Bid: All documents utilized for soliciting Bids for Work. Such documents will indicate with reasonable accuracy the quantity and location of the Work to be done or the character and quantity of the material to be furnished, the time and place of the opening of Bids and any Special Prequalification criteria for the Contractor to meet.

1.24 Legal Proceeding: Any criminal proceeding or any civil judicial proceeding including appeals from such proceedings.

1.25 Letter of Guarantee: A letter from a parent company that commits to the payment and performance obligations of the subsidiary.

1.26 Low Apparent Bidder: The Responsive and Responsible Bid which is either the mathematically lowest Bid or the Best Value Bid.

1.27 Low Tie Bids: Low Bids which are identical in total Bid amount.

1.28 Low Responsive Bidder: A Contractor who has Bid in compliance with the Invitation for Bids and within the requirements of the plans and specifications for a Public Project, who has furnished Contract Bonds or their equivalent as required by law, and who has submitted the low Bid.

1.29 Low Responsible Bidder: A Contractor who is determined to have the financial resources, judgment, skill, ability, capacity, and integrity to perform on a Public Project and who has submitted the low Bid.

1.30 Materially Unbalanced Bid: A mathematically unbalanced Bid that CDOT determines leaves reasonable doubt that Award will result in the lowest ultimate cost to CDOT, or that Award is in the public interest.

1.31 Mathematically Unbalanced Bid: A Bid containing unit Pay Items that do not reflect reasonable actual costs plus a reasonable proportionate share of the bidder's anticipated profit, overhead costs and other indirect costs.

1.32 Minor Informalities: Matters of form rather than substance that are evident from the face of the Bid, or insignificant mistakes that can be waived or corrected without prejudice to other Contractors where the effect on price, quantity, delivery, or contractual conditions is not significant.

1.33 Notice: A written communication sent by mail to the last known physical address of a Contractor or Person, or its identified counsel, or its agent for service of process, or any partner, officer, director, owner, or joint venture of the person. Notices sent by a mail service shall be considered to have been received by the addressee on the day acknowledged in the return receipt, or if no return receipt is required then five business days after being properly sent to the last known address.

1.34 Participant: Any Person, or that Person's agent, who submits a Bid for, enters into, or reasonably may be expected to enter into, a Contract for a Public Project.

1.35 Pay Item: A specifically described unit of work for which a price is provided in the Contract; also referred to as a Contract item.

1.36 Performance Capability Statement: A written statement submitted by the Contractor setting forth information required by CDOT to make its determination of Award.

1.37 Person: Any Individual, partnership, corporation, joint venture, company, firm, association, Contractor or other legal entity.

1.38 Plan Holder: Any Contractor who has joined the electronic plan holders list for a particular Public Project.

1.39 Preponderance of the Evidence: Proof by information that compared with the opposing proof, leads to the conclusion that the fact at issue is more probably true than not.

1.40 Prequalification: The process of review by CDOT of a Contractor's fiscal and workmanship qualifications to perform Work on Public Projects through which CDOT determines whether the Contractor will be permitted to submit Bids or to perform certain types of Work as provided in these rules.

1.41 Progressive Corrective Action: Action imposed by CDOT for a Contractor's failure to comply with Prequalification requirements or Contract requirements. Progressive corrective action may, but does not necessarily, precede Suspension or Debarment action against a Contractor.

1.42 Project Description: The words used in the Invitation for Bids to describe the Work to be performed.

1.43 Proposal Guarantee: The security furnished with a Bid, either in the form of a cashier's check, certified check or Bid bond, to guarantee that the Contractor will enter into a Contract with CDOT if their Bid is accepted.

1.44 Prospective Bidder: Any Contractor who is also prequalified and who has obtained a Bid proposal for a particular Public Project.

1.45 Public Project: The construction, alteration, repair, demolition or improvement of any road highway or bridge, and any maintenance project for the upkeep of such roads, highways, and bridges for which appropriation or expenditure of funds may be reasonably expected to exceed one hundred fifty thousand dollars in the aggregate for any fiscal year and where CDOT is the contracting agency. Where the context requires, a "Public Project" means any publicly funded construction project.

1.46 Respondent: A person against whom a Debarment or Suspension action has been initiated.

1.47 Revocation: A process through which CDOT terminates a Contractor's Prequalification status and ability to submit Bids to CDOT on Public Projects.

1.48 Special Prequalification: The process of review by CDOT of a Contractor's special fiscal or workmanship qualifications, beyond those typically considered in granting Prequalification pursuant to Chapter Two of these rules, as required under an Invitation for Bids to perform Work on a particular Public Project, through which CDOT determines whether the Contractor will be permitted to submit a Bid on the project set forth in the Invitation.

1.49 Subcontractor: Any Individual, partnership, corporation, joint venture, company, firm, association, or any other legal entity contracting with, or intending to contract with, the Contractor or another Subcontractor for performance of Work for a Public Project.

1.50 Suspension: The process through which CDOT immediately excludes a Respondent from participating in Public Projects, not already under Contract, and from submitting Bids on Public Projects for a temporary period of time prior to Debarment proceedings.

1.51 Unduly Burdensome: For purposes of these rules, is the grounds for a justifiable waiver from compliance with Section 8-17-101(1), C.R.S., which would establish proof that compliance would substantially prevent a project from proceeding to completion. Such a waiver may include but is not limited to consideration of geographical location, schedule of need, qualified labor resources, and in cases of natural disaster or emergency, the health, safety and welfare of the population.

1.52 Voluntary Exclusion: A status of nonparticipation in the performance of Public Projects assumed by a person pursuant to the terms of a settlement with CDOT.

1.53 Work: The furnishing of all labor, material, equipment, and other incidentals necessary or convenient to the successful completion of a Public Project according to all duties and obligations imposed by the Contract except that material which is not delivered on the Public Project site is expressly excluded from this definition.

2 CCR 601-10-1.00

41 CR 17, September 10, 2018, effective 9/30/2018