2 Colo. Code Regs. § 601-10-3.03

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

Section 2 CCR 601-10-3.03 - Causes for Debarment

Debarment may be imposed by CDOT for:

3.03.1 Conviction of or Civil Judgment for:

(a) Fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Public Project;

(b) Bribery, embezzlement, false claims, false statements, falsification or destruction of records, forgery, obstruction of justice, receiving stolen property, or theft;

(c) Unlawful price fixing between competitors, allocation of customers between competitors, Bid rigging or any other violation of federal or state antitrust laws that relates to the submission of Bid; or

(d) Commission of any other offense indicating a lack of business integrity or honesty.

3.03.2 A serious violation of the terms of a contract on a Public Project, such as:

(a) A willful or material failure to perform in accordance with the terms of a contract on a Public Project;

(b) A history of substantial noncompliance with the terms of contracts on Public Projects; or

(c) A willful and material violation of a statutory or regulatory provision or requirement applicable to a contract on a Public Project.

3.03.3 Any of the following causes:

(a) Debarment or equivalent exclusionary action by any public agency for causes substantially the same as provided for in this Section 3.03;

(b) Knowingly employing or doing business with a debarred, suspended or otherwise Ineligible Person, in connection with a Public Project;

(c) Conduct indicating a lack of business integrity or honesty in Bidding or performing Public Projects;

(d) Submission of false or deceptive information or statements in connection with Prequalification, Bidding or performance of a Public Project;

(e) Failure to pay a substantial debt (including disallowed costs and overpayments) owed to any federal or state agency or instrumentality, but not including amounts owed under the Internal Revenue Code, provided the debt is uncontested by the debtor or, if contested, that the debtor's legal and administrative remedies have been exhausted;

(f) Violation of a material provision of a Voluntary Exclusion or of any settlement of a Debarment or Suspension action; or

(g) Any other cause so serious in nature that the CDOT Contracts and Market Analysis Branch Manager has reasonable grounds to believe that the public health, welfare, or safety imperatively requires Debarment.

2 CCR 601-10-3.03

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