Florida Administrative Code › 14 - DEPARTMENT OF TRANSPORTATION › 14 - Departmental › Chapter 14-22 - CONTRACTORS - HIGHWAY - QUALIFICATION TO BID › Section 14-22.0011 - General Procedural Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) Purpose.
				This rule chapter sets forth the requirements to be certified by the Department
				as qualified to bid for the performance of road, bridge, or public
				transportation construction contracts, in excess of $250,000.
(2) Exceptions. Except for the provisions of
				Rules 14-22.012 and
				14-22.0141, F.A.C., this rule
				chapter does not apply to bidders who wish to bid on construction contracts of
				$250,000 or less, or other contracts not having to do with the construction of
				roads, bridges, or other public transportation projects, or where the
				Department has waived the qualification requirements for construction projects
				having a contract price of less than $500,000 based upon the determination that
				the projects are of a non-critical nature and that waiver of qualification
				requirements will not endanger public health, safety, or property.
(3) Time. In computing any period of time
				allowed by this chapter, the day of the act from which the period of time
				begins to run shall not be included. The last day of the period shall be
				included unless it is a Saturday, Sunday, or legal holiday designated in
				Section 110.117(1),
				F.S., in which event the period shall run until the end of the next day which
				is not a Saturday, Sunday, or legal holiday. Online applications and updates
				must be submitted by 9:00 p.m. Monday through Friday or by 7:00 p.m. on
				Saturdays based on the due date for the submission by the applicant.
(4) Definitions.
(a) The following terms shall have the
				meanings set forth in Section
				337.165, F.S.: "contractor,"
				"contract crime," "convicted," or "conviction," and "affiliate."
(b) For matters not involving contract
				crimes, "Affiliate" shall mean business concerns, organizations, or individuals
				where, directly or indirectly, one controls or has the power to control the
				other, or a third party controls or has the power to control both. Indicia of
				control include interlocking management or ownership, identity of interests
				among family members, shared facilities and equipment, common use of employees,
				or business entity organized following the revocation, denial, or suspension or
				proposed revocation, denial, or suspension of a contractor which has the same
				or similar management, ownership, or principal employees as the contractor that
				was revoked, denied, or suspended or proposed for revocation, denial, or
				suspension.
(c) "Applicant" means
				the person, firm, or combination of either for which qualification is
				requested.
(d) "Bidder" means an
				entity qualified under this chapter which possesses sufficient current capacity
				to obtain bid proposal documents from the Department.
(e) "Construction assets" means resources
				used for the construction of roads, bridges or public transportation
				projects.
(f) "Qualified equipment
				appraiser" means an individual employed by an equipment company that sells,
				rents, or leases the general type of equipment being appraised, or a company or
				individual(s) engaged in the business of appraising equipment regularly used in
				the construction of roads, bridges, or other transportation projects.
(g) "Qualified real estate appraiser" means
				an individual who meets all of the requirements prescribed by the laws of the
				state in which the appraisal occurs. Florida real estate appraisals must be
				performed by a "Certified General Appraiser," as described in Section
				475.611, F.S.
(h) "Construction revenues" means all
				earnings received through contracting for the performance of road, bridge, and
				other public transportation construction projects (including all earnings
				derived from providing administration, labor, material, equipment, supplies,
				and services necessary to fulfill contractual obligations incurred in the
				performance of road, bridge, and other public transportation construction
				projects).
(i) "Financial
				statements" means annual fiscal year-end financial statements audited or
				reviewed by a Certified Public Accountant. For applicants applying to bid on
				projects less than $1,000,000 or projects for Emergency Debris Removal only,
				financial statements must be reviewed by a Certified Public Accountant prior to
				submission. For applicants applying to bid on all other projects, financial
				statements must be audited by and include the opinion of a Certified Public
				Accountant. Interim audited or reviewed statements are required when the
				application is more than four months past the balance sheet date of the
				financial statements, with the exception of applications for Emergency Debris
				Removal only.