Florida Administrative Code › 14 - DEPARTMENT OF TRANSPORTATION › 14 - Departmental › Chapter 14-22 - CONTRACTORS - HIGHWAY - QUALIFICATION TO BID › Section 14-22.012 - Suspension, Revocation, or Denial of Qualification

Current through Reg. 50, No. 138; July 16, 2024
(1) As provided
				in Section 337.16(2),
				F.S., the Department, for good cause, may deny, suspend, or revoke a
				contractor's Certificate of Qualification. A suspension, revocation, or denial
				for good cause pursuant to this rule shall prohibit the contractor from bidding
				on any Department construction contract for which qualification is required by
				Section 337.14, F.S., shall constitute a
				determination of non-responsibility to bid on any other Department construction
				or maintenance contract, and shall prohibit the contractor from acting as a
				material supplier or subcontractor on any Department contract or project during
				the period of suspension, revocation, or denial. Good cause shall include the
				following:
(a) One of the circumstances
				specified under Section
				337.16(2),
				F.S., has occurred.
(b) Affiliated
				contractors submitted more than one proposal for the same work. In this event
				the Certificate of Qualification of all of the affiliated bidders will be
				revoked, suspended, or denied. All bids of affiliated bidders will be
				rejected.
(c) The contractor made
				or submitted false, deceptive, or fraudulent statements, certifications, or
				materials in any claim for payment or any information required by any
				Department contract, including the Certification of Work Underway.
(d) The contractor or its affiliate defaulted
				on any contract or a contract surety assumed control of financial
				responsibility for any contract of the contractor.
(e) The contractor's qualification to bid is
				suspended, revoked, or denied by any other public or semi-public entity, or the
				contractor has been the subject of a civil enforcement proceeding or settlement
				involving a public or semi-public entity.
(f) The contractor failed to comply with
				contract or warranty requirements, or failed to follow Department direction in
				the performance of a contract.
(g)
				The contractor failed to timely furnish all contract documents required by the
				contract specifications, special provisions, or by any state or federal
				statutes or regulations. If the contractor fails to furnish any of the subject
				contract documents by the expiration of the period of suspension, revocation,
				or denial set forth above, the contractor's Certificate of Qualification shall
				remain suspended, revoked, or denied until the documents are
				furnished.
(h) The contractor
				failed to notify the Department's Contracts Administration Office within 10
				days of the contractor, or any of its affiliates, being declared in default or
				otherwise not completing work on a contract, or being suspended from
				qualification to bid or denied qualification to bid by any other public or
				semi-public agency.
(i) The
				contractor did not pay its subcontractors or suppliers in a timely manner or in
				compliance with contract documents.
(j) The contractor has demonstrated instances
				of poor or unsatisfactory performance, deficient management resulting in
				project delay, poor quality workmanship, a history of payment of liquidated
				damages, untimely completion of projects, uncooperative attitude, contract
				litigation, inflated claims or defaults.
(k) An affiliate of the contractor has
				previously been determined by the Department to be non-responsible, and the
				specified period of suspension, revocation, denial, or non-responsibily remains
				in effect.
(l) The contractor or
				affiliate(s) has been convicted of a contract crime, as provided in Section
				337.165, F.S.
(m) Any other circumstance constituting "good
				cause" under Section 337.16(2),
				F.S., exists.