Ohio Administrative Code › Title 5501:2 - Division of Highways › Chapter 5501:2-3 - Bidding and Contracting › Section 5501:2-3-10 - Revocation and debarment

Current through all regulations passed and filed through July 1, 2024
In accordance with section
				5525.03 of the Revised Code, the
				director may refuse to issue a certificate of qualification,
								 may revoke a
				certificate of qualification, or
								 debar a certificate holder when the
				applicant or certificate holder has been found to be responsible for any one of
				the following:
(A) The company has
			 been defaulted by the director on a department project;
(B) The company or its principals, including
			 its key personnel, have been debarred or suspended by the United States
			 government or other states or other Ohio state agencies from bidding on or
			 working on their projects;
(C) The
			 company or its principals, including its key personnel, have been convicted of
			 crimes involving fraud that includes but is not limited to bribery,
			 falsification of documents, theft and any offense that directly reflects on the
			 integrity of the business;
(D) The
			 company files for protection from its creditors in the United States bankruptcy
			 court;
(E) The company or its
			 principals, including its key personnel, deliberately submitted false or
			 misleading information in connection with the application for a certificate of
			 qualification or in connection with a bid for a contract or in connection with
			 the performance of a contract;
(F)
			 The company or its principals, including its key personnel, have been found to
			 have colluded with other bidders for purposes of obtaining or dividing
			 contracts;
(G) The company or its
			 principals, including its key personnel, have been found to have violated its
			 disadvantaged or minority prime contract or subcontract requirements;
(H) The company or its principals, including
			 its key personnel, have failed to pay prevailing wages, fringes and benefits to
			 its employees;
(I) The company has
			 received a multiplier computed in accordance with rule
			 5501:2-3-03
			 of the Administrative Code of less than 5.0 for two consecutive years when
			 contractor evaluations have been performed.
At the time of denial of a
				certification or revocation of a certification, the director shall provide
				written notice to the applicant or certificate holder of the grounds for denial
				or revocation of a certification. Said grounds shall be consistent with
				paragraphs (A) to (H) of this rule.
The applicant or certificate holder may
				appeal the determination of the denial to the prequalification review board by
				following the appeal process under rule 5501:2-3-09 of the Administrative
				Code.
The director may refuse to allow an
				applicant or certificate holder the opportunity to bid on a construction
				project during the pendency of the appeal.
Prior to a 
				debarment action, the director shall provide written notice to the applicant or
				certificate holder of the grounds for debarment and afford the applicant or certificate
				holder an opportunity for a hearing before a hearing officer selected by the
				director.
If the applicant or certificate holder desires a hearing then
				the applicant or certificate holder must request the hearing in writing within
				thirty days of the mailing of the notice for  debarment.
The request for the hearing must be sent to the director with a
				copy to the administrator of the office of contracts. The director shall
				schedule the hearing within fifteen days of receiving the request for a
				hearing. The hearing date may be continued by the director at his request or
				the request of the applicant or certificate holder.
In the event an appeal is requested, the hearing officer will
				provide a reasonable opportunity for the appellant to present its evidence as
				to why its certificate should be issued or reinstated and the company or its
				individuals not be debarred. The hearing shall be an opportunity for the
				hearing officer to determine de novo whether the appellant should hold a
				certificate of qualification. The hearing officer may receive from the
				appellant and from the department documents and other evidence he rules to be
				relevant to the proceedings. A stenographic transcript of the oral testimony
				shall be made.
The appellant and the department may be represented by counsel,
				however, such representation is not required. Any subpoenas for the hearing
				shall be requested from the hearing officer for issuance by the
				department.
The hearing officer shall, within seven days of the completion
				of the hearing, submit a written report to the director setting forth his
				findings of fact and conclusions of law. The report shall include a
				recommendation of action to be taken by the director. A copy of this written
				report shall, at the time it is submitted to the director, be forwarded by
				certified mail to the appellant, or its representative of record, and to the
				department. Both the appellant and the department may file with the director
				written objections to the hearing officer's report within ten days of receipt
				of the report. A copy of these objections shall be sent to the opposing party
				by certified mail, return receipt requested, at the same time they are sent to
				the director. The opposing party may submit to the director a written response
				to the objections within seven days of receipt of the objections. The director
				may refer the matter back to the hearing officer for consideration of the
				objections and responses. The hearing officer shall consider these objections
				and submit a supplementary report and recommendation to the director within
				five days after such a referral. The director shall not take any action
				approving, modifying, or rejecting the recommendation of the hearing officer or
				otherwise determine the eligibility of the appellant until after the applicable
				time periods provided in this paragraph unless it is modified by agreement of
				the applicant and the department.
The director will render a decision within fourteen days after
				the expiration of the time for submission from the appellant, the department
				and the hearing officer. The decision shall be sent  by certified
				mail to the appellant or its representative of record.
The appellant of a debarment may
				appeal an adverse determination by the director as provided for in section
				5525.03 of the Revised
				Code.
The record will be preserved and maintained in the custody of
				the director following the decision of the director. Copies of the record will
				be made available at cost.