Code of Colorado Regulations
100 - Department of Personnel and Administration
101 - Division of Finance and Procurement
1 CCR 101-9 - PROCUREMENT RULES
Article 109 - REMEDIES
Part 1 - PRELITIGATION RESOLUTION OF CONTROVERSIES
Section R-24-109-106-03 - Decision

Universal Citation: 100 CO Code Regs R-24-109-106-03

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

(a) Before issuing a final decision, the procurement official or his or her designee shall review the facts pertinent to the controversy and secure any necessary assistance from legal, fiscal, and other advisers.

(b) The procurement official or his or her designee shall furnish a copy of the decision to the contractor within the time specified in section 24-109-106 (1.5), C.R.S., by certified mail, return receipt requested. The decision shall include:

(i) a description of the controversy;

(ii) a reference to the pertinent contract provision;

(iii) a statement of the factual areas of agreement and disagreement;

(iv) the supporting rationale for the decision; and

(v) notice of the contractor's right to appeal the decision administratively or judicially in accordance with the provisions of article 109 of the code.

(c) The amount and interest on the amount determined payable pursuant to the decision, less any portion already paid, should be paid without awaiting contractor action concerning appeal. Such payment shall be without prejudice to the rights of either party. If, on appeal, such payments are required to be returned, interest shall be paid by the contractor from the date of payment.

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