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 4 - COMPETITIVE SEALED BIDDING
Section 2 CCR 601-10-4.16 - Determination of Non-responsibility

2 Colo. Code Regs. § 601-10-4.16

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Current through Register Vol. 47, No. 11, June 10, 2024
Section 2 CCR 601-10-4.16 - Determination of Non-responsibility
4.16.1 Prior to Award of the Contract, CDOT shall review the Low Apparent Bidder's past performance, Performance Capability Statement, and Bid to determine responsibility. Reasons for Determination of Non-responsibility may include but are not limited to:
(a) The Low Apparent Bidder has submitted a Bid on a general type of project for which the Contractor and Subcontractors cannot establish a demonstrated performance capability at the time of Prequalification; or
(b) The Low Apparent Bidder has failed or is failing to perform on any construction Contract subsequent to the Prequalification action; or
(c) The fiscal or workmanship capability of the Low Apparent Bidder has significantly decreased from that set forth in its Prequalification application and supplements; or
(d) The review of the Bid by CDOT identifies any concern relative to the performance capability of the Low Apparent Bidder; or
(e) If the Contractor submitting the Bid has been sent a Notice of intent to revoke Prequalification under Chapter Two of the rules; or
(f) If the Contractor submitting the Bid has been sent a Notice of intent to find the Contractor in default on a CDOT Contract; or
(g) If the Contractor submitting the Bid has been sent a Notice of intent to debar or of Suspension under Chapter Three of the rules; or
(h) If CDOT determines that the Contractor's good faith efforts to comply with DBE requirements were unsatisfactory; or
(i) If CDOT determines that the Contractor's requested waiver of Section 8-17-101, C.R.S., is insufficient to make a determination whether a waiver is warranted.
4.16.2 If in the estimation of CDOT the Low Apparent Bidder's submission is not responsible, the Low Apparent Bidder shall be afforded an opportunity to promptly supply information on the issue.
4.16.3 If the Low Apparent Bidder fails to promptly provide the information requested or if the information provided does not resolve the issue, CDOT may issue a Determination of Non-responsibility and pursue Award of the Contract to the next lowest responsible Bidder.
4.16.4 Any such Determination of Non-responsibility may, in itself, have an effect on the Low Apparent Bidder's eligibility to submit Bids or be Awarded Contracts on other projects.

2 CCR 601-10-4.16

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