Code of Colorado Regulations
100 - Department of Personnel and Administration
101 - Division of Finance and Procurement
1 CCR 101-9 - PROCUREMENT RULES
Article 105 - CONSTRUCTION CONTRACTS
Part 1 - MANAGEMENT OF CONSTRUCTION CONTRACTING
Section R-24-105-101-04 - General Bidding Provisions

Universal Citation: 100 CO Code Regs R-24-105-101-04

Current through Register Vol. 47, No. 17, September 10, 2024

(a) For purposes of the rules under article 105 of the code, use of the term "bid", "bids", "proposal" and "proposals" are interchangeable based on the solicitation method.

(b) After opening bids or proposals, the procurement official may request low bidders to extend the time during which the state may accept their bids or proposals, provided that no other change is permitted. The reasons for requesting such extension shall be documented in the procurement record.

(c) If only one responsive bid or proposal is received in response to a solicitation, an award may be made to the single bidder if the procurement official finds that the price submitted is fair and reasonable and that either other prospective bidders had reasonable opportunity to respond, or there is not adequate time for re-solicitation. In the event that all bids for a construction project exceed available funds, as certified by the appropriate fiscal officer, the procurement official is authorized in accordance with section 24-103-202(7), C.R.S., in situations where time or economic considerations preclude re-solicitation of work of a reduced scope, to negotiate an adjustment of the bid price with the low responsible bidder in order to bring the bid within the amount of available funds; except that the functional specifications integral to completion of the project may not be reduced in scope, taking into account the project plan, design, and specifications and quality of materials. Otherwise, the bid must be rejected and:

(i) new bids may be solicited; or

(ii) the proposed procurement may be cancelled; or

(iii) if the procurement official determines in writing that the need for the construction continues but that the price of the one bid or proposal is not fair and reasonable and there is no time for re-solicitation or re-solicitation would likely be futile, the procurement may then be conducted as a sole source procurement under rule R- 24-105-101.5 or an emergency procurement under rule R- 24-105-101.6, as appropriate.

(d) An alternate bid or proposal means an offer or response submitted in response to a solicitation issued by the state that is in essential compliance with the solicitation terms and conditions but offers an alternate that does not significantly deviate from the required specifications contained in the solicitation. The procurement official would be responsible for determining whether an alternate bid or proposal is acceptable.

(e) A solicitation may prohibit multiple or alternate bids or proposals. When prohibited the multiple or alternate bids or proposals shall be rejected although a clearly identified base bid or proposal will be considered for award as though it were the only bid or proposal submitted by the bidder or offeror. A solicitation shall specify if multiple or alternate bids or proposals will be allowed and how they will be treated.

(f) Any bid or proposal which is conditioned upon receiving an award under both the particular solicitation for which the bid or proposal is made and another state solicitation shall be deemed nonresponsive and unacceptable.

(g) Affiliates are prohibited from submitting bids for the same contract. An "affiliate" of a bidder or offeror is any person directly or indirectly:

(i) controlling;

(ii) controlled by; or

(iii) under common control with the bidder or offeror.

(h) The procurement official may determine whether a supply item or group of supply items shall be included as a part of, or procured separately from, any contract for construction.

(i) All construction bidding and contracting procedures shall utilize standard state forms, which are available on-line from the website of the office of the state architect. Any changes or modifications of the state forms, including general conditions of the contract, shall not be valid unless issued in the form of supplementary general conditions and approved by the office of the state architect.

(j) Invitations for bids or invitation for best value bids may be used for public projects that have no federal funding involved, pursuant to sections 24-92-103 and 24-92-103.5, C.R.S.

Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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