The amendments to this rule are being made to clarify language, eliminate the need for audited financial statements for contractors seeking to qualify for projects under $1,000,000, and requiring contractor notification of civil enforcement or ...

 

DEPARTMENT OF TRANSPORTATION

RULE NOS.:RULE TITLES:

14-22.0011General Procedural Requirements

14-22.002Regulations Covering Qualification of Contractors

14-22.003Rating the Applicant

14-22.0041Procedure for Qualification and Issuance of Certificate of Qualification

14-22.0042Notification of Conviction of Contract Crime

14-22.005Period of Validity of Qualification

14-22.006Current Capacity Rating

14-22.007Joint Ventures

14-22.008Eligibility for Obtaining Proposal Documents

14-22.012Suspension, Revocation, or Denial of Qualification

PURPOSE AND EFFECT: The amendments to this rule are being made to clarify language, eliminate the need for audited financial statements for contractors seeking to qualify for projects under $1,000,000, and requiring contractor notification of civil enforcement or settlements.

SUMMARY: These amendments address contractor qualifications to bid on Department projects. The rule allows contractors to provide financial statements that have been reviewed, instead of audited, by a Certified Public Accountant, for projects under $1,000,000 or involving only emergency debris removal. To protect contractor information, the rule allows electronic access to contractor maximum bid capacity, by use of a password provided to the contractor. The rule clarifies the period of qualification is eighteen months from the end of the contractors fiscal year and requires the contractor to be qualified in 50% or more of the budget estimate for all work performed, not just specialty work. To prevent contractors from exceeding their capacity, the rule requires contractors to submit monthly updates of capacity use. The joint venture form is being amended by rule to allow either vice president or president to sign on behalf of the joint venture. The rule amends a requirement that a contractor who is qualified or seeking to be qualified, to notify the Department of criminal indictment, information, or conviction of a contract crime, to further require notification of any civil enforcements or settlements. To protect the public interest, a contractor Certificate of Qualification may be denied, suspended, or revoked based on contractor being the subject of a civil enforcement proceeding or settlement involving a public or semi-public entity.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the rule reduces the overall cost for contractor qualification for smaller Department projects, by eliminating the need to provide audited statements.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 334.044(2), 337.14(1) FS.

LAW IMPLEMENTED: 337.11, 337.14, 337.16, 337.164, 337.165, 337.167 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Susan Schwartz, Assistant General Counsel, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

CONTRACTORS – HIGHWAY – QUALIFICATION TO BID

 

14-22.0011 General Procedural Requirements.

(1) through (2) No change.

(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 subsection 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. The provisions of Rule 28-106.103, F.A.C., shall apply in computing any period of time prescribed by this chapter.

(4) Definitions.

(a) through (g) No change.

(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,__________.

 

14-22.002 Regulations Covering Qualification of Contractors.

(1) Application for Qualification.

(a) Persons or firms who request to qualify to bid for the performance of road, bridge, or public transportation construction projects in excess of $250,000, shall file an annual Application for Qualification, (Online Web Application), Form 375-020-38, Rev. 11/07, http://www.flrules.org/Gateway/reference.asp?No=Ref-03119 hereby incorporated by reference. An Application for Qualification shall be filed electronically at http://www.dot.state.fl.us/cc-admin/PreQual_Info/prequalified.shtm. Information or assistance regarding the Application can be obtained from the Department at the address listed below. Persons or firms may obtain information on how to obtain a user name and password to use the Application filing process by contacting the Contracts Administration Office at the address below. The Application will consist of requested information on the Applicant, Applicant’s stakeholders stakeholder, Applicant’s affiliates, and shall include the Applicant firm’s background, current and historical contract detail, construction experience and expertise, financial information, and requested work classes. In addition, one original hard copy of the financial statements must be hand-delivered or mailed to: Persons or firms shall also file two hard copies of audited financial statements one copy to accompany the electronic application, and one hard copy as required by this rule via hand delivery or mail to Department of Transportation, Contracts Administration Office, 605 Suwannee Street, MS 55, Room 61, Haydon Burns Building, Tallahassee, Florida 32399-0455, [phone] or [e-mail], and must be received prior to qualification approval.

(b) through (h) No change.

(2) Audited Ffinancial statements required to be submitted with the application shall be prepared in accordance with Generally Accepted Accounting Principles (GAAP). If the audited annual financial statements show the financial condition of the applicant more than four months prior to the date on which the application is filed with the Contracts Administration Office, then an updated application and audited interim financial statements are required shall also be submitted. The audited interim financial statements shall cover the period from the ending date of the audited annual statements and shall show the financial condition of the applicant no more than four months prior to the date on which the application is filed. The annual and interim financial statements must be audited or reviewed, as required. Audited financial statements must be and accompanied by the opinion of a Certified Public Accountant. Reviewed financial statements must be accompanied by a review report prepared by a Certified Public Accountant.

(a) An adverse audit opinion or disclaimer of an audit opinion shall result in disapproval of the application. A qualified audit opinion will result in adjustments to the financial portions of the application if such qualification arises because of the use of an accounting principle at variance with GAAP, or the qualification is of such magnitude as to materially affect the current ratio, liabilities, or adjusted net worth.

(b) When consolidated financial statements are required by GAAP, and qualification is requested for one or more of the subsidiary companies, a consolidating balance sheet is required and shall be included by the Certified Public Accountant. When combined financial statements are allowed by GAAP, and qualification is desired for one of the combining affiliated entities, a combining balance sheet is required and must be included by the Certified Public Accountant.

1. For those applications described in paragraph (2)(b), financial information entered in the Details Relative to Assets and Details Relative to Liabilities sections of the application shall be obtained from the consolidating or combining balance sheets, as appropriate, and reflect only those portions of the financial statements relative to the applicant.

2. Only the financial data of the applicant, as shown on the consolidating or combining balance sheets and reflected in the application, will be used in determining the applicant’s Current Ratio Factor (CRF), Adjusted Net Worth (ANW), and Maximum Capacity Rating (MCR), as defined in Rule 14-22.003, F.A.C.

(c) The financial statements shall include the following basic financial statements:

1. The statements shown below and the opinion of the certified public accountant on these statements.

1.a. A balance sheet.

2.b. An income statement, including separate totals for construction revenues, and all revenues earned during the period covered.

3.c. A statement of retained earnings or changes in stockholders’ stockholders equity.

4.d. A statement of cash flows.

5. A consolidating or combining balance sheet, when required by paragraph 14-22.002(2)(b), F.A.C.

2. The income statement above shall provide separate totals for construction revenues, and all revenues earned during the audit period.

6.3. Notes to financial statements.

7. For projects over $1,000,000, with the exception of Emergency Debris Removal only contracts, the opinion of a Certified Public Accountant. For projects over $250,000 but under $1,000,000, a review report prepared by a Certified Public Accountant.

8.4. Upon written request, any additional financial information necessary for the Department to verify the financial adequacy of the applicant as presented in their financial statements and the opinion of the Certified Public Accountant.

(d) Applicants not qualified with the Department the previous year shall furnish audited financial statements for a minimum twelve (12) month period showing the financial condition of the applicant no more than four (4) months prior to the date on which the application is filed. Applicants established for less than one year shall furnish audited financial statements from establishment through a period no more than four months prior to the date on which the Application is filed.

(3) through (4) No change.

Rulemaking Authority 334.044(2), 337.14(1) FS. Law Implemented 337.11, 337.14, 337.164, 337.167 FS. History–Formerly Chapter 14-8, Amended 7-1-67, 8-20-68, 5-9-70, 1-6-72, 9-24-75, Formerly 14-22.01(1), (2), (3), Amended 3-23-79, 11-10-82, 8-25-83, 10-1-85, Formerly 14-22.02, Amended 12-20-89, 6-27-90, 1-4-94, 7-1-95, 6-27-04, 5-15-06, 1-23-08, 10-10-10, _________.

 

14-22.003 Rating the Applicant.

(1) No change.

(2) Maximum Capacity Rating (MCR).

(a) Definition and Formula. The MCR shall be the total aggregate dollar amount of uncompleted work an applicant may have under contract at any one time as prime contractor and/or subcontractor, regardless of its location and with whom contracted. The MCR shall be established by the Department by multiplying the Ability Factor by the Current Ratio Factor, multiplied by the Adjusted Net Worth (MCR=AF × CRF × ANW) using the following formula and consideration of the general qualification factors listed in subsection 14-22.0041(1) 14-22.004(1), F.A.C.:

MCR = AF × CRF × ANW, in which

MCR = Maximum Capacity Rating

AF = Ability Factor (determined from the Ability Score as provided below)

CRF = Current Ratio Factor (determined as provided below)

ANW = Adjusted Net Worth (determined as provided below).

1. Ability Score.

a. No change.

b. If the applicant has been qualified under this rule within the last two years, and three or more Contractor Past Performance Reports are on file for projects completed for the Department within five years of the application filing date, and have not been previously use to determine an Ability Score, the applicant’s Ability Score shall be calculated by adding the scores of these reports plus the average score from the previous application and dividing the sum by the number of scores used. Contractor Past Performance Reports shall reflect the applicant’s organization, management, and demonstrated work performance, including work sublet to others, as set forth in Form 700-010-25, Rev. 09/05, http://www.flrules.org/Gateway/reference.asp?No=Ref-03122 hereby incorporated by reference.

c. No change.

d. No change.

2. through 4. No change.

5. The following adjustments shall be applied in the establishment of the CRF and ANW:

a. The value allowed for equipment shall be the book value or 50 percent of actual value given by a qualified equipment appraiser, whichever is greater. Equipment appraisals must be dated no earlier than six months prior to receipt of the application.

b. The value allowed for real estate used for business purposes (road, bridge, or public transportation construction) shall be:

(I) tThe book value or the value given by a qualified real estate appraiser, real estate appraisals shall be dated no earlier than two years prior to receipt of the application is filed, less

(II) eEncumbrances against same, such encumbrances will not also be deducted elsewhere.

c. No value will be allowed for investments, including long-term held-to-maturity securities, for real estate, or for any other property not used in road, bridge, or public transportation construction, and no. No allowance shall be given for homesteads or personal property. Encumbrances against these assets shall be eliminated entirely.

d. through f. No change.

g. Past due receivables, or unexplained receivables, unsecured loans and notes receivable, and the interest for these receivables notes shall be eliminated entirely.

h. through k. No change.

6. No change.

(b) Bonding Capacity.

1. through 2. No change.

3. Except for the provisions of sub-subparagraph 14-22.003(2)(a)2.a., F.A.C., use of a surety commitment letter to increase an applicant’s MCR will only be considered if at the time of application the CRF is at least 1.00, as defined in subparagraph 14-22.003(2)(a)3., F.A.C., and the applicant has an Ability Score of 80 or higher. No event(s) during the qualification period, subsequent to the ending date of the audited financial statements used for qualification, will be considered in determining an applicant’s CRF. However, the Department will evaluate the general qualification factors listed in subsection 14-22.0041(1) 14-22.004(1), F.A.C., in consideration of an increase to the applicant’s MCR through the use of a surety commitment letter.

(3)Classification of Work.

(a) No change.

(b) The major class of work are as follows:

1. through 39. No change.

40. Other Specialty Work Classes Requested.

(c) No change.

(d) For the Work Class of Debris Removal (Emergency), the contractor(s) shall complete the Application for Qualification and satisfy the criteria in Form 375-020-70, Rev. 3/10, incorporated herein by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-03123 accompanied by a Reviewed Financial Statement that meets the requirements of subparagraphs 14-22.003(2)(a)3. and 4., F.A.C., for Current Ratio Factor and Adjusted Net Worth. See Form 375-020-70.

Rulemaking Authority 334.044(2), 337.14(1) FS. Law Implemented 337.11, 337.14, 337.167 FS. History–Formerly Chapter 14-8, Amended 7-1-67, 8-20-68, 5-9-70, 1-6-72, 9-24-75, Formerly 14-22.01(4), Amended 3-23-79, 11-10-82, 8-25-83, 1-9-84, 10-1-85, Formerly 14-22.03, Amended 12-20-89, 4-22-92, 1-4-94, 7-1-95, 7-2-95, 7-8-01, 6-27-04, 5-15-06, 11-5-06, 10-10-10,__________.

 

14-22.0041 Procedure for Qualification and Issuance of Certificate of Qualification.

(1) No change.

(2) Certificate of Qualification. The Certificate of Qualification shall provide instructions for the applicant to access its state the applicant’s Maximum Capacity Rating, the class or classes of work approved for bidding, the applicant’s name for submitting bids, and the expiration date of the qualification.

(3) Revision of Certificate of Qualification.

(a) The Department may issue a Revised Certificate of Qualification that expires no later than the expiration date of the previous valid Certificate of Qualification. A revised Certificate of Qualification shall be issued when at least one of the following occurs: changes in classes of work, Maximum Capacity Rating, company name, or correction of technical errors.

1. Written requests for additional classes of work shall be considered according to paragraph 14-22.0041(2)(a), F.A.C.

(a)2. Written requests for raising the Maximum Capacity Rating must conform to paragraph 14-22.003(2)(b), F.A.C.

(b)3. Revisions to the Ability Score of non-active contractors shall be made by the Department using the procedure described in sub-subparagraph 14-22.003(2)(a)1.a., F.A.C.

(c)4. Name changes will be made if consistent with subsection 14-22.005(4), F.A.C.

(b) Denial or partial denial of written requests for Revised Certificates of Qualification shall be processed according to subsection 14-22.0041(2), F.A.C.

Rulemaking Authority 334.044(2), 337.14(1) FS. Law Implemented 337.14, 337.164, 337.165, 337.167 FS. History–New 11-10-82, Amended 8-25-83, 10-1-85, Formerly 14-22.041, Amended 12-20-89, 1-4-94, 7-1-95, 6-27-04, 10-10-10,_________.

 

14-22.0042 Notification of Conviction of Contract Crime or Civil Enforcement.

A contractor who is currently qualified, or seeking to be qualified, shall notify the Contracts Administration Office in writing within 30 days of the filing of a criminal Information or Indictment or the conviction of a contract crime, or any civil enforcement or settlement, applicable to the contractor, or any affiliates, officers, directors, executives, shareholders active in management, employees or agents of the contractor.

Rulemaking Authority 334.044(2), 337.14(1) FS. Law Implemented 337.11, 337.164, 337.165(5), (6) FS. History–New 8-25-83, Amended 10-1-85, Formerly 14-22.042, Amended 12-20-89, 1-4-94, 5-15-06, 10-10-10,_________.

 

14-22.005 Period of Validity of Qualification.

(1) The applicant’s period of qualification shall be 18 months from the applicant’s fiscal year ending date of the audited annual financial statements included in the application. For good cause, the Department shall approve a period of qualification less than 18 months. Good cause shall mean as set forth in Rule 14-22.012, F.A.C. The Certificate of Qualification shall expire on the expiration date of the certificate, regardless of whether an administrative hearing has been requested concerning the Department’s action on the application. Submission of an application shall not affect the expiration of the Certificate of Qualification. Issuance of a new Certificate of Qualification will determine the new Ability Factor and Maximum Capacity Rating that is effective on the date of issuance and supersedes the current Certificate of Qualification.

(2) through (8) No change.

Rulemaking Authority 334.044(2), 337.14(1) FS. Law Implemented 337.11, 337.14, 337.164 FS. History–Formerly Chapter 14-8, Amended 7-1-67,8-20-68, 5-9-70, 1-6-72, 9-24-75, Formerly 14-22.01(7), Amended 3-23-79, 11-10-82, 8-25-83, 10-1-85, Formerly 14-22.05, Amended 12-20-89, 1-4-94, 6-27-04, 5-15-06, 10-10-10,_________.

 

14-22.006 Current Capacity Rating.

(1) The Certificate of Qualification shall establish an applicant’s Maximum Capacity Rating, which will be reduced by the total value of their current uncompleted work, regardless of its location and with whom it may be contracted, to determine the bidding capacity at any particular time. Current Capacity is the applicant’s bidding capacity. Current Capacity shall be amended immediately upon uppon issuance of a new Certificate of Qualification, regardless of whether the existing Certificate of Qualification has expired.

(2) In determining the Current Capacity of a prospective bidder, the deduction for uncompleted work shall include work subcontracted from others. The bidder will be given credit for work sublet to others; provided, for contracts with the Department, the request for authorization to sublet the work has been approved in writing. The Department, in determining the bidder’s eligibility to be issued a bid proposal, will decrease a bidder’s uncompleted work by deducting ten percent per month from the “Status of Contracts on Hand” report in the Certification of Current Capacity form submitted with the bidder’s most recent bid, or the uncompleted work listed in the bidder’s Application for Qualification, whichever is most current and will increase the Current Capacity accordingly.

(3) All prequalified contractors bidders must certify their total dollar amount of work underway monthly and submit Form 375-020-39, Rev. 11/07, Certification of Current Capacity, hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-03120, with the Status of Contracts On Hand Template or a spreadsheet in a similar and accepted format prior to submitting a bid. This information must reflect an “as of date” no older than 30 days prior to the certification date. The certification This formation must be submitted within thirty (30) days of submitting a bid or at least once during the month a bid is due via the “Work Underway” link in the Contractor Pre-Qualification System. This certification is independent of the Status of Contracts On Hand submitted with the annual application for qualification. Failure to submit the Certification of Work Underway shall result in the contractor bidder being prohibited from receiving bidding documents, submitting bids, or receiving contract awards until the certification is submitted. If a Form 375-020-39 is submitted, and the contractor is awarded a contract during that month that exceeds 25% of the total dollar amount of work underway, a revised Form 375-020-39 must be submitted prior to submitting another bid during that month.

(4) In determining a bidder’s Current Capacity, any projects in a prior letting pending award by the Department to such bidder shall also be debited against the bidder’s Current Capacity, unless the award is to be delayed for an indefinite period of time. Further, no credit shall be given for proposed subcontracting of any work included in such proposal pending award.

Rulemaking Authority 334.044(2), 337.14(1) FS. Law Implemented 337.11, 337.14, 337.164 FS. History–Formerly Chapter 14-8, Amended 7-1-67, 8-20-68, 5-9-70, 1-6-72, 7-24-75, Formerly 14-22.01(8), Amended 3-23-79, 11-10-82, 8-25-83, 10-1-85, Formerly 14-22.06, Amended 12-20-89, 6-27-90, 1-4-94, 7-1-95, 7-2-95, 12-18-05, 5-15-06, 1-23-08, 10-10-10,__________.

 

14-22.007 Joint Ventures.

(1) Two or more qualified bidders may bid jointly provided each party has requested the proposal document be issued to the joint venture; the combined joint venture meets the requirements of subsection 14-22.008(1), F.A.C., and the combined Current Capacity of the parties to the joint venture equals or exceeds the budget estimate of the project. The parties to a joint venture shall submit a statement in the name of the joint venture signed by each party, indicating the percentage of proposed contract work to be debited against each one’s Current Capacity. The total of these percentages must equal one hundred percent. No party in the joint venture may exceed its Current Capacity by virtue of the percentage of work to be debited against its available capacity, as expressed on the signed statement and using the budget estimate as the comparison figure. To comply with this section, the parties to a joint venture shall submit Form 375-020-18, Rev. 09/13 03/09, Declaration of Joint Venture and Power of Attorney for Bidding on Specified Project(s), hereby incorporated by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-03121, and receive approval prior to the due date of the letter of interest, the request for proposal, or issuance of the proposal, whichever is due or occurs first.

(2) If the joint venture parties are affiliated in any way as to ownership, officers, or key employees, they may indicate the desired apportionment of the capacity debit, however, the Department reserves the right to change such apportionment as justified by the circumstances.

(3) through (4) No change.

Rulemaking Authority 334.044(2), 337.14(1) FS. Law Implemented 337.11, 337.14, 337.164 FS. History–Formerly Chapter 14-8, Amended 7-1-67, 8-20-68, 5-9-70, 1-6-72, 9-24-75, Formerly 14-22.01(9), Amended 3-23-79, 11-10-82, 8-25-83, Formerly 14-22.07, Amended 12-20-89, 1-4-94, 7-1-95, 10-10-10,________.

 

14-22.008 Eligibility for Obtaining Proposal Documents.

(1) No change.

(2) A If the Department’s budget estimate for a specific project has a majority percentage of specialty classes of work, as identified in paragraph 14-22.003(3)(c), F.A.C., then a contractor must be qualified in 50 percent or more of the Department’s budget estimate for the total classes of all work in the specific project.

(3) through (6) No change.

Rulemaking Authority 334.044(2), 337.14(1) FS. Law Implemented 337.11, 337.14 FS. History–Formerly Chapter 14-8, Amended 7-1-68, 8-20-68, 5-9-70, 1-6-72, 9-24-75, Formerly 14-22.01(11), Amended 3-23-79, 11-10-82, 8-25-83, Formerly 14-22.08, Amended 12-20-89, 1-4-94, 7-1-95, 7-2-95, 7-8-01, 5-15-06, 10-10-10,__________.

 

14-22.012 Suspension, Revocation, or Denial of Qualification.

(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) through (d) No change.

(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 agency.

(f) through (j) No change.

(k) An affiliate of the contractor has previously been determined by the Department to be non-responsible non-reponsible, and the specified period of suspension, revocation, denial, or non-responsibility remains in effect.

(l) through (m) No change.

(2) through (4) No change.

(5) The revocation, denial, or suspension of a contractor’s Certificate of Qualification under this Section shall be for a specific period of time based on the seriousness of the deficiency.

(2) Examples of factors affecting the seriousness of a deficiency are:

(a)1. Impacts on project schedule, cost, or quality of work,

(b)2. Unsafe conditions allowed to exist,

(c)3. Complaints from the public,

(d)4. Delay or interference with the bidding process,

(e)5. The potential for repetition,

(f)6. Integrity of the public contracting process,

(g)7. Effect on the health, safety, and welfare of the public.

Rulemaking Authority 334.044(2), 337.14(1) FS. Law Implemented 337.11, 337.14, 337.16, 337.165, 337.167 FS. History–Formerly Chapter 14-8, Amended 7-1-67, 8-20-68, 5-9-70, 1-6-72, 9-24-75, Formerly 14-22.01(11), Amended 3-23-79, 11-10-82, 8-25-83, 10-1-85, Formerly 14-22.12, Amended 12-20-89, 1-4-94, 7-1-95, 7-2-95, 2-16-99, 7-8-01, 6-27-04, 1-23-08, 10-10-10,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: David Sadler, Director, Office of Construction

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ananth Prasad, P.E., Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 12, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 18, 2013