8.0
DISPUTES & REMEDIES
A.
Types of Disputes
The Assistant Vice President of Business Operations is authorized to settle and
resolve any questions regarding:
1.
Any protest concerning the solicitation or award of a contract;
2.
Any controversy arising between the University and a contractor by virtue
of a contract between them, including, without limitation, controversies
based on breach of contract, mistake, misrepresentation or any other
cause for contract modification or rescission; and,
3.
As per delegation from the State of Colorado Purchasing Office, any
dispute arising from solicitations and contracts through the State
Buildings process which is initiated and managed by Planning and
Construction.
B.
Costs of Filing
All costs associated with filing and prosecuting a protest or contract dispute shall
be borne by the protestor/contractor.
C.
Protests other than Contract Disputes
1.
Filing of Protests
a.
Subject of Protest
Protestors may file a protest on any phase of a solicitation or
award including, but not limited to, specifications, award, or
disclosure of information marked as confidential in a solicitation
offer. Protests shall be submitted in writing within seven (7)
working days after such aggrieved person knows or should have
known of the facts giving rise thereto.


b.
Form
The written protest shall include, at a minimum:
(i)
The name and address of the protestor;
(ii)
Appropriate identification of the procurement by solicitation
number;
(iii)
A statement of the reasons for the protest; and
(iv)
Any available exhibits, evidence or documents
substantiating the protest.


c.
To Whom Addressed
The protest shall be addressed to the Assistant Vice President of
Business Operations or Procurement Manager and sent to the
Office of Business Operations.
2.
Requested Information
Any additional information regarding the protest should be submitted
within the time period requested in order to expedite resolution of the
protest. If any party fails to comply expeditiously with any request for
information by the Assistant Vice President of Business Operations, the
protest may be resolved without such information.
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3.
Decision
The Assistant Vice President of Business Operations shall render a
written decision regarding the protest within seven (7) working days after
the protest is received. The decision shall be based on and limited to a
review of the issues raised by the protestor and shall set forth each factor
taken into account in reaching the decision. The Assistant Vice President
of Business Operations shall furnish a copy of the decision to the
protestor in writing.
4.
Stay of Procurement
In the case of protested RFPs only; there shall be a stay of procurement
until the decision of the Assistant Vice President of Business Operations
is rendered, unless the Assistant Vice President of Business Operations
determines that execution of a contract without delay is necessary to
protect substantial University interests.
5.
Actions in Court
If a protestor has filed a complaint in court which complaint is also the
subject of a protest filed with the Assistant Vice President of Business
Operations, the Assistant Vice President of Business Operations will not
review the protest.
6.
Entitlement to Costs
When the Assistant Vice President of Business Operations substantiates
a protest and the protestor should have been awarded the contract under
the solicitation but, due to a defect in the University’s solicitation or
process, was not, the protestor shall be entitled to the reasonable costs
incurred in connection with responding to the solicitation. No other costs
shall be permitted and reasonable costs shall not include attorney fees.
D.
Contract Disputes
1.
Statement of Policy
The terms and conditions of University contracts establish procedures
and remedies to resolve contract and breach of contract controversies
between the University and a contractor. It is the University’s policy to try
to resolve all controversies by mutual agreement through informal
discussions without litigation. As used in these rules, the word
“controversy” is meant to be broad and all encompassing, including the
full spectrum of disagreements from pricing of routine contract changes to
claims of breach of contract.
2.
Situation Prior to Issuing Decisions
When a controversy cannot be resolved by mutual agreement, the
Assistant Vice President of Business Operations shall review the matter
within twenty (20) working days after receiving a written request by the
contractor for a final decision and shall issue a written decision.
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3.
Final Decision
The Assistant Vice President of Business Operations shall furnish a
written copy of the decision to the contractor. The decision shall include:
a.
A description of the controversy;
b.
A reference to the pertinent contract provision(s);
c.
A statement of the factual areas of agreement and
disagreement; and
d.
The supporting rationale for the decision.
4.
Actions in Court
If a contractor has filed a complaint in court which complaint is also the
subject of a protest filed with the Assistant Vice President of Business
Operations, the Assistant Vice President of Business Operations will not
review the protest.
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