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Ethics Tutorial - Colorado General Assembly

- Contracts and Claims - 18 of 25

Hypothetical

Legislative contract in which member may be interested

Using a competitive bidding process, the state of Colorado (acting through the Legislative Council of the General Assembly) will be considering proposals from vendors for a contract to create an innovative new mobile device application (or “app”) that will compile and categorize all the committee and floor votes cast by Colorado state legislators each session.  You are currently a member of the Colorado State Senate and serve on the Legislative Council, which is responsible for both reviewing proposals from vendors that seek to perform services for the General Assembly and for making the final selection of a vendor. You are also the 51% owner of a closely held software development corporation, AppMaker, which builds customized apps for a variety of purposes. AppMaker’s other shareholders want to submit a bid for the contract.

Answer

Incorrect answer:AppMaker may submit a bid on the contract, despite your position on the Legislative Council and the fact that you will benefit economically if AppMaker is awarded the contract is NOT FALSE.
red xNothing in section 24-18-201, C.R.S., prevents a vendor from submitting a bid on a contract. On the contrary, that statute is directed at the proper conduct of public officials -- not the actions of a corporate entity -- by specifying the ways in which a public official must proceed when he or she is interested in a "contract" (as that term is defined) at issue.

Bear in mind, though, that although AppMaker may proceed with submitting a bid, it may be advisable for you to disclose your interest prior to voting on the contract and/or to abstain from voting if, in your judgment, there may be a perception that you have a conflict of interest.

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Last updated: 09 OCT 2015


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