Remedies

C.R.S. tit. 24, art. 109
in effect

C.R.S. § 24-109-101.1 Definitions

24-109-101.1. Definitions. As used in this article 109, unless the context otherwise requires: (1) "Aggrieved party" means any actual or prospective bidder, offeror, or contractor who believes that he or she has suffered a denial of legal rights under this code in connection with the solicitation or award of a contract. For purposes of contract controversies, an aggrieved party may also be the contractor. (2) "Material issue" means a nontrivial defect in the solicitation or award that would prejudice the outcome of the procurement. The presence of multiple nonmaterial issues in a solicitation or award does not constitute a material issue unless the aggrieved party can establish that those nonmaterial issues together would prejudice the outcome of the procurement.

C.R.S. § 24-109-101.5 Resolution of controversies

24-109-101.5. Resolution of controversies. (1) The procurement official or his or her designee is authorized to settle and resolve any questions regarding: (a) Any protest concerning the solicitation or award of a contract; (b) Debarment or suspension from consideration for award of contracts; and (c) Any controversy arising between the state and a contractor by virtue of a contract between them, including, without limitation, controversies based upon breach of contract, mistake, misrepresentation, or any other cause for contract modification or rescission. (2) Any decision of the procurement official or his or her designee with respect to a material issue raised in a protest is subject to appeal pursuant to part 2 of this article 109. (3) Except for appeals referred to the office of administrative courts pursuant to section 24-109-201, the provisions of section 24-4-105 shall not apply to the administrative procedures established pursuant to this article 109.

C.R.S. § 24-109-102 Protested solicitations and awards

24-109-102. Protested solicitations and awards. (1) Any aggrieved party in connection with the solicitation or award of a contract may protest to the procurement official or his or her designee. The protest of an invitation for bids or a request for proposals shall be submitted in writing to the procurement official or his or her designee within ten business days after such aggrieved party knows or should have known of the facts giving rise thereto. The protest of a small purchase solicitation or award of contract shall be submitted in writing to the procurement official or his or her designee within three business days, unless the procurement official otherwise extends the time period to ten business days, after such aggrieved party knows or should have known of the facts giving rise thereto. (2) The procurement official or his or her designee shall have the authority to settle and resolve a protest of an aggrieved party concerning the solicitation or award of a contract. A written decision regarding the protest shall be rendered within ten business days after the protest is filed. The decision shall be based on and limited to a review of the material issues raised by the aggrieved party and shall set forth each factor taken into account in reaching the decision. This authority shall be exercised pursuant to rules promulgated by the executive director to provide for the expeditious resolution of the protest. Remedies awarded pursuant to this decision, if any, shall be limited to those set forth in part 5 of this article 109. (3) If the procurement official or his or her designee does not issue a written decision regarding a solicitation or award within the period specified in this article 109 or within such longer period as may be agreed upon by the procurement official and the aggrieved party, then the aggrieved party may proceed as if the procurement official or his or her designee had rendered an adverse decision.

C.R.S. § 24-109-103 Stay of procurements

24-109-103. Stay of procurements. A contract resulting from a request for proposals is not awarded until any protest made in connection with the request for proposals has been resolved pursuant to section 24-109-102 (2).

C.R.S. § 24-109-105 Debarment and suspension

24-109-105. Debarment and suspension. (1) (a) After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the procurement official or his or her designee, after consultation with the using agency and the attorney general, shall have authority to debar a person for any of the reasons set forth in subsection (2) of this section from consideration for award of contracts. The debarment shall not be for a period of more than three years; except that, if a person is convicted of a crime specified in subsection (2) of this section, the length of the debarment period must equal the length of the confinement sentence including the period of mandatory parole if imposed or the length of the probation sentence. (b) The procurement official or his or her designee, after consultation with the using agency and the attorney general, shall have authority to suspend a person from consideration for award of contracts if there is probable cause to believe that such person has engaged in activities that may lead to debarment. The suspension shall not be for a period exceeding three months. However, if a criminal charge has been issued for an offense that would be a cause for debarment under subsection (2) of this section, the suspension shall, at the request of the attorney general, remain in effect until after the trial of the suspended person. If a person is suspended because a criminal charge has been issued against an officer, director, partner, manager, key employee, or other principal of the suspended person, the suspension may remain in effect until after the trial of the officer, director, partner, manager, key employee, or other principal or until after the charges against such officer, director, partner, manager, key employee, or other principal have been dismissed. (c) The authority to debar or suspend shall be exercised pursuant to rules which shall provide for an expeditious resolution of the issue of debarment or suspension. (2) A person may be debarred for any of 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 judicial determination issued by a federal, state, or local governmental entity; (f) The department of labor and employment has imposed three fines on a contractor within five years pursuant to section 8-17-104, C.R.S., for failure to satisfy Colorado labor requirements; or (g) The person willfully falsified documentation or willfully misrepresented their qualifications required to comply with the contract.

C.R.S. § 24-109-106 Resolution of contract and breach of contract controversies - applicability - authority

24-109-106. Resolution of contract and breach of contract controversies - applicability - authority. (1) This section applies to controversies between the state and a contractor which arise under, or by virtue of, a contract between them, including, without limitation, controversies which are based upon breach of contract, mistake, misrepresentation, or any other cause for contract modification or rescission. (1.5) When a controversy cannot be resolved by mutual agreement, the aggrieved party may submit the controversy to the procurement official. The procurement official or his or her designee shall, within twenty business days after receiving a written request by the aggrieved party for a final decision, issue a written decision. (2) The procurement official or his or her designee is authorized to settle and resolve any controversy described in subsection (1) of this section. This authority shall be exercised pursuant to rules promulgated by the executive director which shall provide for an expeditious resolution of the controversy.

C.R.S. § 24-109-107 Issuance and appeal of decision

24-109-107. Issuance and appeal of decision. (1) The procurement official or his or her designee shall issue a written decision within the periods specified in this article 109 regarding any protest, debarment or suspension, or contract controversy if it is not settled by mutual agreement. The decision shall state the reasons for the action taken and give notice to the aggrieved party of his or her right to administrative review of any material issue and judicial review as provided for in this article 109. (2) A decision shall be effective unless reversed on appeal. A copy of the decision rendered under subsection (1) of this section shall be mailed or otherwise furnished immediately to the aggrieved party. The decision shall be final and conclusive unless the aggrieved party appeals the decision to the executive director or commences an action in court pursuant to this article 109. Except for appeals referred to the office of administrative courts pursuant to section 24-109-201, an appeal from a decision under this section shall not be subject to the provisions of section 24-4-105. (3) If the procurement official or his or her designee does not issue a written decision regarding a contract controversy within twenty business days after written request for a final decision, or within such longer period as may be agreed upon by the procurement official or his or her designee and the contractor, then the contractor may proceed as if a decision against him or her had been rendered.

C.R.S. § 24-109-108 Computation of time

24-109-108. Computation of time. For the purposes of this article 109, in computing time for a period of days, the first business day is excluded and the last business day is included.

C.R.S. § 24-109-201 Appeal to the executive director - stay of procurements

24-109-201. Appeal to the executive director - stay of procurements. (1) Unless an action has been initiated previously in the district court of the city and county of Denver pursuant to this article 109, the executive director shall have the authority to review and determine any appeal by an aggrieved party from a decision of the procurement official or his or her designee rendered pursuant to section 24-109-107. The executive director is authorized to designate another person to exercise his or her powers pursuant to this part 2. The executive director or his or her designee may refer an appeal to the office of administrative courts to review and determine any appeal pursuant to section 24-30-1001. If the aggrieved party files an action with the district court of the city and county of Denver pursuant to section 24-109-205 at any time during the review by the executive director or his or her designee, the authority of the executive director or the executive director's designee is terminated. (2) A contract for a total value of one million five hundred thousand dollars or more resulting from a request for proposals is not awarded until any appeal made in connection with the request for proposals has been resolved pursuant to this part 2; except that the executive director or the executive director's designee may override the stay if he or she determines that such override is in the best interest of the state.

C.R.S. § 24-109-202 Rules of procedure

24-109-202. Rules of procedure. (1) The executive director shall adopt rules of procedure which, to the fullest extent possible, provide for the expeditious resolution of appeals of controversies. The only parties to the appeals shall be the aggrieved parties and the appropriate governmental body. Section 24-4-105 shall not apply to reviews and determinations made by the executive director or his or her designee pursuant to this article 109. (2) An appeal is limited to only the material issues raised in the original protest; except that the appeal may include new evidence or additional information related to those material issues or material issues related to the conduct of the protest.

C.R.S. § 24-109-203 Time limitation for appeals

24-109-203. Time limitation for appeals. (1) In the case of an appeal to the executive director from a decision regarding a protested solicitation or award, the aggrieved party shall file an appeal within ten business days of the date that a decision is mailed or otherwise furnished to the aggrieved party pursuant to section 24-109-107 (2). (2) In the case of an appeal to the executive director from a decision regarding a debarment, suspension, or contract controversy, the aggrieved party shall file an appeal within twenty business days of a decision rendered or deemed to be rendered pursuant to section 24-109-107.

C.R.S. § 24-109-204 Decisions of the executive director

24-109-204. Decisions of the executive director. (1) On each appeal submitted, the executive director or his or her designee shall promptly decide the contract controversy, debarment, or suspension or whether the solicitation or award was in accordance with the procedures provided in this code, regulations enacted pursuant to this code, and the terms and conditions of the solicitation. The decision shall be in writing. A copy of any decision shall be provided to the aggrieved party and the procurement official of the using agency. (2) In the case of any protest concerning the solicitation or award of a contract or of debarment or suspension from consideration for award of contract or contract controversy, a written decision shall be issued within thirty business days after receipt of the appeal. (3) If the executive director or his or her designee determines that the solicitation or award was not in accordance with this code, remedies awarded in the decision, if any, shall be limited to those set forth in part 5 of this article 109.

C.R.S. § 24-109-205 Appeals to district court

24-109-205. Appeals to district court. An appeal of a decision of the executive director or his or her designee rendered pursuant to section 24-109-201 or by the procurement official or his or her designee rendered pursuant to section 24-109-107 shall be filed with the district court for the city and county of Denver, which shall have exclusive jurisdiction to hear such appeals. The provisions of section 24-4-106 shall not apply to any appeal to the district court under this part 2.

C.R.S. § 24-109-206 Time limitations on appeals to the district court

24-109-206. Time limitations on appeals to the district court. (1) A judicial review of a decision of the executive director or his or her designee or of the procurement official or his or her designee shall be initiated within the following time periods: (a) In the case of an action between the state and an aggrieved party aggrieved in connection with the solicitation or award of a contract, within ten business days after the decision is rendered; (b) In the case of a suspension or debarment, within six months after the decision is rendered; or (c) In the case of an action on a contract or for breach of a contract, within twenty business days after the date the decision is rendered.

C.R.S. § 24-109-301 Interest

24-109-301. Interest. Except for interest payable on liability incurred by the state under section 24-30-202 (24), interest on amounts determined to be due to a contractor or to the state under this code shall accrue from the date the controversy was submitted pursuant to section 24-109-106 through the final resolution of the controversy by the procurement official or upon final determination of the executive director or adjudication of the Denver district court, whichever occurs last. Interest shall be calculated at the amount due at the rate set forth in the contract or at the rate of one percent per month, whichever is greater, until the amount is paid in full.

C.R.S. § 24-109-404 Liability of public employees

24-109-404. Liability of public employees. If any governmental body purchases any supplies, services, or construction contrary to the provisions of this code or the rules promulgated pursuant thereto, the head of such governmental body and the public employee, which for the purposes of this section includes elected officials, actually making such purchase shall be personally liable for the costs of such supplies, services, or construction. If such supplies, services, or construction are unlawfully purchased and paid for with state moneys, the amount thereof may be recovered in the name of the state in an appropriate civil action.

C.R.S. § 24-109-501 Applicability

24-109-501. Applicability. The remedies set forth in this part 5 shall be the exclusive remedies available to an aggrieved party upon a judicial or administrative determination that a solicitation or award of a contract was in violation of this code. For the purposes of this part 5, a violation of the code shall not include administrative or clerical defects that are not material to the solicitation or award of a contract or that can be corrected by the governmental body. Any relief not expressly provided for in this part 5 is prohibited.

C.R.S. § 24-109-502 Protests - remedies prior to an award

24-109-502. Protests - remedies prior to an award. If, prior to the awarding of a contract, the procurement official determines that a solicitation or the proposed award is in violation of this code, the solicitation or proposed award shall be canceled or revised to comply with this code, at the direction of the procurement official. The determination of the procurement official under this section shall not be subject to further administrative or judicial review.

C.R.S. § 24-109-503 Protest - remedies following an award - ratification by chief procurement officer

24-109-503. Protest - remedies following an award - ratification by chief procurement officer. If the procurement official determines that the solicitation or award is in violation of this code, the procurement official may cancel or terminate such solicitation or award, direct the governmental body to modify such solicitation or award to eliminate the violations, or if the procurement official determines that the solicitation or award is in the best interests of the state, the procurement official may submit the recommendation to ratify the solicitation or award to the executive director or the chief procurement officer or a designee of either officer. If the executive director or chief procurement officer or a designee of either officer elects to ratify the solicitation or award, the aggrieved party who should have been awarded the contract under the solicitation, but was not, shall be entitled to costs as set forth in section 24-109-505. The acceptance of costs by the aggrieved party constitutes a waiver of the right to appeal the determination of the executive director or the chief procurement officer or a designee of either officer.

C.R.S. § 24-109-504 Appeals - remedies following an award

24-109-504. Appeals - remedies following an award. (1) If the executive director or his or her designee determines that the solicitation or award is in violation of this code in any material respect, the executive director or his or her designee may cancel or terminate such solicitation or award, direct the purchasing agency to modify such solicitation or award to eliminate any violations, or if the procurement official determines that the solicitation or award is in the best interests of the state, the procurement official may submit the recommendation to ratify the solicitation or award to the executive director or his or her designee. If the executive director or his or her designee elects to ratify the solicitation or award, the aggrieved party who should have been awarded the contract under the solicitation, but was not, shall be entitled to costs as set forth in section 24-109-505. (2) If, upon judicial review under section 24-109-205, it is determined that a solicitation or proposed award is in violation of this code, the court shall direct the executive director to determine whether the best interests of the state require ratification, termination, or cancellation of the solicitation, award, or contract. The executive director or his or her designee shall issue a determination in writing, within ten business days of the court's direction, and direct the purchasing agency to comply with the determination. The determination of the executive director or his or her designee under the direction of the district court shall not be subject to further administrative or judicial appeal or review. (3) If the executive director or his or her designee ratifies a solicitation or award in violation of this code, the aggrieved party who should have been, but was not, awarded the contract under the solicitation shall be entitled to costs as set forth in section 24-109-505.

C.R.S. § 24-109-505 Costs

24-109-505. Costs. When a protest is sustained by the procurement official or upon administrative or judicial review and the aggrieved party should have been, but was not, awarded the contract under the solicitation, the aggrieved party shall be entitled to only the reasonable costs incurred in connection with the solicitation, including bid preparation costs. Reasonable costs shall not include attorney fees. No other costs shall be permitted. These costs shall be paid from funds appropriated or otherwise made available to the using agency that is determined to be responsible for the violation of the code. Such determination shall be made by the procurement official in connection with a protest and by the executive director in connection with an appeal.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-24.docxFetched: 10/6/2026

Starting a business in Colorado? Colorado LLC guide: costs and requirements