2016 Colorado Revised Statutes
Title 24 - Government - State
Procurement Code
Article 105 - Construction Contracts
Part 1 - Management of Construction Contracting
§ 24-105-102. Performance evaluation reports - definitions

(1) (a) As used in this section, unless the context otherwise requires:

(I) "Governmental body" shall have the same meaning as set forth in section 24-101-301 (10); except that, for purposes of this section, "governmental body" shall also include elected officials.

(II) "Report" means a contractor performance evaluation report required by this section.

(b) (Deleted by amendment, L. 2010, (SB 10-003), ch. 391, p. 1853, § 33, effective June 9, 2010.)

(2) In the case of each construction contract with a value of five hundred thousand dollars or more, the governmental body shall prepare, prior to completion of the contract, a contractor performance evaluation report, which shall be completed on a form provided by the department. Notwithstanding any other provision of this section, the provisions of this section shall not take effect until the centralized contract management system required by section 24-102-205 (3) (a) has been implemented.

(3) Each report shall evaluate the contractor's performance on a particular project and shall include, at a minimum, the following information:

(a) The name of the governmental body, the name of the particular project and any applicable contract number, the type of procurement method used for awarding the contract, and the name of the employee within the governmental body responsible for completing the report;

(b) The initial amount budgeted for completion of the contract and the final amount paid by the governmental body upon completion of the contract;

(c) The initial completion date as specified in the contract and the date on which the contract was actually completed;

(d) A numerical rating that assesses the contractor's overall qualitative performance in connection with the contract; and

(e) A numerical rating that assesses the contractor's overall safety performance in connection with the contract.

(4) Each report shall be kept on file by the governmental body and shall be forwarded, within thirty days of the date on which the report is completed, to a central database managed by the department. Each report shall be maintained in the database for at least five years after being forwarded to the database.

(5) Each governmental body shall establish appropriate procedures to ensure that each report relating to a prospective contractor is reviewed by the governmental body prior to the governmental body making any future contract awards, regardless of the procurement method used. The review required by this subsection (5) shall be undertaken to ensure that prospective contractors meet applicable contractor responsibility standards and to enable the governmental body to assess contractor qualifications and capabilities for purposes of competitive bid evaluations.

(6) If a vendor disputes any information contained in a report, the vendor may exercise the contract rights specified in section 24-109-106, 24-109-107, 24-109-201, or 24-109-202. If, upon completion of an appeal filed with the executive director or the Denver district court, as applicable, the vendor is not satisfied with the resolution of the appeal, the vendor may file, on a form prepared by the department, a rebuttal statement that shall be maintained as part of the vendor evaluation record. The vendor's sole remedy in contesting information contained in the report shall be removal of the evaluation, correction of the evaluation, or submission of the rebuttal statement in accordance with the requirements of this subsection (6).

(7) The requirements of this section shall be in addition to any requirements relating to the evaluation of contract performance specified in section 24-102-205 or article 103.5 of this title, or otherwise.