Chapter 4 - § 4.14 • BID PROTESTS

• Jurisdiction: Colorado

§ 4.14 • BID PROTESTS

§ 4.14.1-Forum

A bid protest on state projects must be presented to the procurement official or his or her designee.²⁰⁰ The protest must be submitted in writing within 10 business days after the aggrieved party knows or should have known of the facts giving rise to the protest.²⁰¹ The protest must contain the name and address of the aggrieved party; appropriate identification of the procurement; a statement of the reasons for the protest; and any available exhibits, evidence, or documents substantiating the protest.²⁰² Additional information may be requested and should be timely submitted.²⁰³ If the procurement is done based on a request for proposal, a contract may not be awarded until the protest has been resolved.²⁰⁴

The procurement official or his or her designee has authority to settle and resolve a bid protest and must issue a written decision on the protest within 10 business days after the protest is filed.²⁰⁵ The decision must be based upon the material issues raised by the aggrieved party, state the reasons for the decision, and give notice of rights to administrative and judicial review.²⁰⁶ If the procurement official or his or her designee does not issue a written decision within 10 business days after the protest is filed, the aggrieved party may proceed as if an adverse decision had been rendered.²⁰⁷ The decision by the procurement official or his or her designee is final and conclusive unless the aggrieved party appeals the decision to the executive director or files a lawsuit in the District Court for the City and County of Denver.²⁰⁸

The decision by the procurement official or his or her designee may be appealed to the executive director.²⁰⁹ An appeal to the executive director must be filed within 10 business days from the date the decision is mailed.²¹⁰ The standard of review previously had been de novo, but there now is no specified standard.²¹¹ An appeal must include copies of all documents and evidence previously submitted, any additional relevant information, and the decision rendered by the chief procurement officer or head of a purchasing agency.²¹² An appeal is limited to the material issues raised in the original protest.²¹³ New to the Colorado Procurement Code is the prohibition on contract award during a bid protest appeal to the executive director for a procurement with a total value exceeding $1.5 million resulting from a request for proposal.²¹⁴

The executive director or his or her designee may refer the bid protest appeal to the Office of Administrative Courts.²¹⁵ If there is no referral to the Office of Administrative Courts, the executive director or his or her designee will decide the bid protest appeal. The aggrieved party may make a written request to the executive director for a hearing.²¹⁶ Hearings, generally, are informal, and the executive director has powers similar to a judge, such as the ability to hold informal conferences; require parties to produce witnesses and documents; and rule on, exclude, or limit evidence.²¹⁷ The executive director must issue a written decision within 30 business days after receipt of an appeal.²¹⁸

The Colorado court with exclusive jurisdiction to hear bid protest appeals under the Colorado Procurement Code is the District Court for the City and County of Denver.²¹⁹ The district court may hear an appeal of the initial decision made by the procurement official or his or her designee and an appeal of a decision made by the executive director or his or her designee.²²⁰ Judicial review...