2 Colo. Code Regs. § 604-1, ch. 5

Current through Register Vol. 47, No. 20, October 25, 2024

Chapter 5 - Program Administration

5.1. Enforcement

A. Burden. Any Business that participates in or utilizes the benefits of the ESB Program will have the burden of proving its compliance with the requirements of these Rules.

B. Monitoring and Investigations. CDOT will monitor all Businesses that utilize the benefits of the ESB Program in order to assure compliance with these Rules. CDOT may also receive and investigate complaints and allegations and initiate its own investigations regarding compliance.

C. Contract Provisions. CDOT will develop compliance requirements and Contract provisions related to the utilization of the ESB Program Benefits. On any Contract for which a Business has received or is to receive ESB Program Benefits the failure to meet the obligations of the Contract with respect to ESB participation or assistance will constitute a material breach of Contract. Additionally, if a Business is found to be in violation of the provisions of the Contract, CDOT may exercise any or all of its rights, including but not limited to withholding funds from the Contractor.

5.2. Directory

All ESBs will be listed in an ESB directory that will be available to the public. A listing on the ESB directory serves to confirm the current, certified status of an ESB. A Business is not a certified ESB until or unless it is listed on the ESB directory. An ESB's listing on the ESB Directory will include the Business name, any applicable trade name, email address, phone number, physical address, qualifying area of business, primary industry, and the ESB level as designated by CDOT as set forth in Rule 3.2 . The Program Benefits and incentives available to an ESB will be limited to those associated with the ESB level on its directory listing.

5.3. Outreach

CDOT, at its sole discretion, may send communications to ESBs regarding program changes, support services, project opportunities, and other information related to ESB Program participation.

5.4. Reporting

At a minimum, on an annual basis, CDOT will report the progress of the ESB Program to the Transportation Commission. If necessary, the Transportation Commission may request additional periodic reports regarding the progress of and participation in the ESB Program.

5.5. Program Evaluation

CDOT may utilize various methods to obtain feedback, evaluation, and advice concerning the operation and content of the ESB Program. These methods may include forums, surveys, and annual meetings to assess the effectiveness of the program and make recommendations for improving the program.

2 CCR 604-1, ch. 5

44 CR 12, June 25, 2021, effective 7/15/2021