Chapter 4 - § 4.16 • SUSPENSION AND DEBARMENT

• Jurisdiction: Colorado

§ 4.16 • SUSPENSION AND DEBARMENT

After consultation with the using agency, the attorney general, and if practicable, the contractor, the procurement official or his or her designee may suspend a contractor from consideration for award of contracts if there is probable cause to believe that the contractor engaged in activities giving cause for debarment.²⁴⁴ A suspension lasts until an investigation is completed into whether cause exists for debarment, but the suspension shall not last longer than three months.²⁴⁵ If an indictment is issued for an offense that would be cause for debarment, the suspension lasts until after the contractor's trial.²⁴⁶ A notice of suspension is sent to the suspended contractor and contains the following notifications: (1) notification that the suspension will last until an investigation is completed into whether cause exists for debarment; (2) notification to the contractor that bids or proposals will not be solicited and that if bids or proposals are received, they will not be considered; and (3) notification to the contractor of its rights to appeal the suspension administratively or judicially in accordance with the Colorado Procurement Code.²⁴⁷

After completion of an investigation to determine if a contractor has engaged in activities that are cause for debarment, consultation with the using agency and attorney general, and reasonable notice to the contractor and reasonable opportunity for the contractor to be heard, the procurement official or his or her designee may debar a contractor from consideration for award of contracts.²⁴⁸ A contractor may be debarred for the following reasons:

(a) Conviction of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract or in the performance of such contract or subcontract;
(b) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, or receiving stolen property;
(c) Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals;
(d) Willful material failure to perform in accordance with the terms of one or more contracts, following notice of such failure, or a history of material failure to perform, or of materially unsatisfactory performance of, one or more contracts;
(e) The person is currently under debarment by any other governmental entity which is based upon a settlement agreement or a final administrative or

...