14-22.0011. General Procedural Requirements

(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of a contractor which has the same or similar management, ownership, or principal employees as the contractor that was revoked, denied, or suspended or proposed for revocation, denial, or suspension.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.

Rulemaking Authority 334.044(2), 337.14(1) FS. Law Implemented 337.11, 337.14, 337.16, 337.165, 337.167 FS. History–New 11-10-82, Amended 8-25-83, Formerly 14-22.011, Amended 12-20-89, 1-4-94, 7-1-95, 8-6-96, 1-17-99, 7-8-01, 6-27-04, 1-23-08, 10-10-10, 4-13-14.