60D-5.006. Contractor Evaluation and Disqualification Procedures

(1) The Agency shall, for cause, review the performance of each firm under contract. It will record all known instances of poor or inadequate performances, deficient management resulting in project delay, poor quality workmanship, and late payments to laborers, subcontractors and suppliers. It will review all circumstances surrounding instances of poor performance, management, quality of workmanship, and late payments to laborers, subcontractors and suppliers. The Agency shall make a professional recommendation for disqualification of any firm determined to be deficient. The late payment provisions of this rule apply only to payments made by the contractor to laborers, subcontractors and suppliers that have a direct contract with the contractor. This rule shall not be construed to require payment by any contractor in advance of the time payment is due under the terms in any such direct contract. This rule shall not be construed to modify or impair the right of any contractor to withhold any payment based on a bona fide contract dispute between the contractor and any laborer, any subcontractor or any supplier.

(2) The recommendation for disqualification will be reviewed by a three-member panel appointed by the Agency Head which will make a recommendation to the Agency Head on disqualification from bidding on Agency projects for a period of time determined by the Agency Head to be justified based on the seriousness of the deficiency.

(3) Any decision or intended decision to disqualify a contractor will be provided to the contractor by notice through the certified U.S. Mail and such notice will state the time limit for requesting an administrative hearing of the decision or intended decision as set forth in the Agency’s applicable Rules and Chapter 120, F.S.

Specific Authority 255.29(1) FS. Law Implemented 255.29(1) FS. History–New 5-26-76, Amended 7-7-83, Formerly 13D-11.06, Amended 1-25-89, 11-5-91, Formerly 13D-11.006, Amended 8-28-96.