Statutes, codes, and regulations
Colorado Administrative Code
Department 600 - Department of TransportationDivision 601 - Transportation Commission and Office of Transportation SafetyRule 2 CCR 601-10 - RULES GOVERNING CONSTRUCTION BIDDING FOR CDOT PUBLIC PROJECTS
Chapter 3 - CORRECTIVE ACTION, SUSPENSION AND DEBARMENT
Section 2 CCR 601-10-3.08 - Scope of Debarment and Suspension

2 Colo. Code Regs. § 601-10-3.08

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Current through Register Vol. 47, No. 11, June 10, 2024
Section 2 CCR 601-10-3.08 - Scope of Debarment and Suspension
3.08.1 Suspension or Debarment of a Person constitutes Suspension or Debarment of all their divisions and other organizational elements from Work on all Public Projects unless the Suspension or Debarment decision is limited by its terms to one or more specifically identified Individuals, organizational elements, or to specific types of Public Projects. The Suspension or Debarment may include any Affiliate of the Participant that is (1) specifically named, and (2) given Notice of the proposed Debarment and an opportunity to respond.
3.08.2 For purposes of determining the scope of Suspension or Debarment, conduct may be imputed as follows:
(a) Conduct imputed to a Participant.

The fraudulent, criminal, or other seriously improper conduct of any officer, director, shareholder, partner, employee, or other Individual associated with a Participant may be imputed to the Participant when the conduct occurred in connection with the Individual's performance of duties for or on behalf of the Participant, or with the Participant's knowledge, approval, or acquiescence. The Participant's acceptance of the benefits derived from the conduct shall be presumptive evidence of such knowledge, approval, or acquiescence.

(b) Conduct imputed to Individuals associated with the Participant.

The fraudulent, criminal, or other seriously improper conduct of a Participant maybe imputed to any officer, director, shareholder, partner, employee, or other Individual associated with the Participant who participated in, knew of, or had reason to know of the Participant's conduct.

(c) Conduct of one Participant imputed to other Participants in a joint venture.

The fraudulent, criminal, or other seriously improper conduct of one Participant in a joint venture or similar arrangement may be imputed to other Participants if the conduct occurred for or on behalf of the joint venture or similar arrangement or with the knowledge, approval, or acquiescence of the Participants. Acceptance of the benefits derived from the conduct shall be presumptive evidence of such knowledge, approval or acquiescence.

2 CCR 601-10-3.08

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