2 Colo. Code Regs. § 601-10-2.08
Current through Register Vol. 47, No. 11, June 10, 2024
Section 2 CCR 601-10-2.08 - Summary Reduction of Prequalification Levels and Reinstatement2.08.1 The following procedures shall govern any reduction and reinstatement of Prequalification levels.2.08.2 Reduction of Prequalification Level may occur if: (a) If there is cause for Progressive Corrective Action as determined by the Contracts and Market Analysis Branch Manager;(b) If a Contractor is found non-responsible;(c) If a Contractor is found non-responsive;(d) If the Contractor has demonstrated unsatisfactory performance on past or current CDOT contracts including, but not limited to, compliance with all contract terms and specifications, satisfactory quality of workmanship, and consistent on-time performance;2.08.3 Reduction of Prequalification Level:(a) A Contractor's Prequalification can be summarily reduced one level as defined in Section 2.02.1 up to one year as determined by CDOT.(b) Additional reductions of one level in Prequalification level can follow the first reduction if the Contractor has additional occurrences of events under Section 2.08.2 within two years from the initial infraction, as determined by CDOT.(c) Suspension and Debarment proceedings may be pursued by CDOT, per Chapter Three of these rules, if the Contractor fails to remedy any reason for Prequalification reduction as determined by the Contracts and Market Analysis Branch Manager.(d) Anyone may contact CDOT concerning the existence of a cause for Prequalification reduction. If the CDOT Contracts and Market Analysis Branch Manager becomes aware of information warranting Prequalification level reduction, as set forth in Section 2.08.3 , reduction in Prequalification level may be initiated by sending a Notice of intent to lower a Contractors Prequalification level. A Notice of intent to reduce Prequalification level shall be sent to the Respondent by certified mail, return receipt requested. The Notice shall include a written statement of reasons for and the effect of the Prequalification level reduction and inform the Respondent of the right of appeal to the CDOT Chief Engineer. Any such appeal must be in writing and must be received by the CDOT Chief Engineer within sixty calendar days of the date the Notice was sent to the Contractor by certified mail, return receipt. If no appeal is received as provided herein, the Respondent shall have its Prequalification level reduced in accordance with the Notice.(e) When an appeal is received a hearing shall be commenced within sixty calendar days. The hearing shall be conducted and the decision issued in accordance with the State Administrative Procedure Act (APA), Section 24-4-105, C.R.S. At the hearing the Contractor shall present information in support of its position subject to any evidentiary rulings made concerning relevancy and admissibility. At the hearing the cause for reduction of Prequalification must be established by CDOT by a Preponderance of the Evidence.2.08.4 Reinstatement of Prequalification Level A Contractor may apply for reinstatement once every quarter providing that it meets the Prequalification criteria and has removed the cause for Prequalification level reduction(s) as determined by the Contracts and Market Analysis Branch Manager.
41 CR 17, September 10, 2018, effective 9/30/2018