Current through Rules and Regulations filed through March 20, 2024
(1) The Department may suspend for a
specified period of time, or revoke for good cause, any Contractor's
Certificate of Qualification or Subcontractor's Certificate of Registration.
Any Contractor whose Certificate of Qualification or Subcontractor whose
Certificate of Registration has been suspended or revoked for good cause will
not be permitted to submit bid proposals or subcontract to perform work on any
Department contracts, regardless of the dollar amount of the bid during the
period of suspension or revocation. Good cause shall include but not be limited
to the following:
(a) Failure or refusal to
comply with Rule
672-5-.16, Rule
672-5-.04(3), 672-5-.11(2), or any
other rule set forth herein.
(b)
Failure, due to the fault of the Contractor, to carry out any contract awarded
by the Department;
(c) Default on
any contract awarded by the Department;
(d) Falling more than fifteen percent (15%)
behind schedule, due to the fault of the Contractor, on two (2) or more
projects under contract excluding resurfacing projects;
(e) Conviction or entry of a plea of guilty,
nolo contendere, or first offender treatment, by persons who are principles,
owners, or partners with the Contractor or Subcontractor, for commission of a
criminal offense as an incident to obtaining or attempting to obtain a public
or private contract or subcontract, or in the performance of the contract or
subcontract, or for conspiracy, contract or combination in restraint of trade
or of free and open competition in any transaction with a state, the United
States, or any state or federal agency or instrumentality or political
subdivision thereof;
(f) Conviction
or entry of a plea of guilty, nolo contendere, or first offender treatment, by
persons who are principles, owners, or partners with the Contractor or
Subcontractor under State or Federal statutes of embezzlement, theft, forgery,
bribery, falsification or destruction of records, receiving stolen property, or
any other offense indicating a lack of business integrity or business honesty
which currently, seriously, and directly affects responsibility as a State
contractor as determined by the Department;
(g) Conviction or entry of a plea of guilty,
nolo contendere, or first offender treatment, by persons who are principles,
owners, or partners with the Contractor or Subcontractor under State or Federal
antitrust statutes arising out of the submission of bids or
proposals;
(h) Any other cause so
serious and compelling as to affect the present responsibility of the
Contractor or Subcontractor, including a suspension or debarment by another
state or federal governmental entity;
(i) Any violation of the conflict of interest
provisions of O.C.G.A. Sections
45-10-20 through
45-10-28;
(j) Failure to comply with any Federal
regulation(s); and
(k) In the
absence of Department approval, the failure of the Contractor to make payments
to subcontractor(s) or supplier(s) in contravention of contractual and/or
statutory requirements, or a pattern or practice of making late payments to
subcontractor(s) or supplier(s) in contravention of contractual and/or
statutory requirements, when such payments are not withheld in response to
subcontractor or supplier performance disputes or issues.
(2) The following process will apply when the
Prequalification Committee receives information to give it reasonable cause to
believe that there is good cause for suspension or revocation:
(a) The Prequalification Committee shall make
a recommendation to the Board of Review for action to be taken against the
Contractor or Subcontractor. The Prequalification Committee shall cause a copy
of this recommendation to be served upon the Contractor or Subcontractor, which
may be served personally or by certified mail, return receipt requested, mailed
to the Contractor's or Subcontractor's last known mailing address.
(b) The Contractor or Subcontractor may
request an informal hearing in writing within ten (10) days of receipt of the
recommendation of the Prequalification Committee. The informal hearing will be
before the Board of Review. The purpose of this informal hearing is to provide
an opportunity for the Contractor or Subcontractor to respond to the findings
of the Prequalification Committee before formal action is taken. At this
informal hearing, neither the Department nor the Contractor or Subcontractor
shall be represented by an attorney nor be allowed to present witnesses.
Documentary evidence may be presented by the Department or Contractor or
Subcontractor. Failure to request a formal hearing within ten (10) days after
receipt of recommendation from the Prequalification Committee shall act as a
waiver of the Contractor's or Subcontractor's further appeal rights.
(c) If a request for an informal hearing is
received timely from the Contractor or Subcontractor, the Board of Review shall
set a date and time for an informal hearing to be held in the matter, and shall
issue a written notice of the informal hearing to the Contractor or
Subcontractor. The written notice of the informal hearing shall inform the
Contractor or Subcontractor of the charges against it and of the date and time
of the informal hearing. The written notice may be served personally or by
certified mail, return receipt requested, mailed to the Contractor's or
Subcontractor's last known mailing address.
(d) Within fourteen (14) days after the
conclusion of the informal hearing, the Board of Review shall render a written
Preliminary Decision. The Board of Review shall cause a copy of this
Preliminary Decision to be served upon the Contractor or Subcontractor, which
may be served personally or by certified mail, return receipt requested, mailed
to the Contractor's or Subcontractor's last known mailing address. Within
fourteen (14) days of receipt of the Preliminary Decision, the Contractor or
Subcontractor may request a formal hearing with the Commissioner. Failure to
request a formal hearing within fourteen (14) days after receipt of the
Preliminary Decision shall act as waiver of any additional appeal rights of the
Contractor or Subcontractor and the Preliminary Decision of the Board of Review
shall become the Final Decision.
(e) In the event that a formal hearing has
been requested by the Bidder, the Commissioner shall set a date and time for a
hearing to be held in the matter, and shall issue a written notice of the
hearing to the Contractor or Subcontractor. The written notice of the hearing
shall inform the Contractor or Subcontractor of the charges against it, of the
date and time of the hearing, and of its right to attend, to be represented by
counsel, to cross-examine witnesses against it, and to respond and present
evidence on all issues. The written notice may be served personally or by
certified mail, return receipt requested, mailed to the Contractor's or
Subcontractor's last known mailing address.
(f) Within thirty (30) days after the
hearing, the Commissioner shall issue a Final Decision and shall cause a copy
of this recommendation to be served upon the Contractor or Subcontractor, which
may be served personally or by certified mail, return receipt requested, mailed
to the Contractor's or Subcontractor's last known mailing address. In the event
the Commissioner determines that there is good cause for suspension or
revocation, the Commissioner shall direct the Prequalification Committee either
to revoke the Contractor's Certificate of Qualification or Subcontractor's
Certificate of Registration or to suspend it for a period of no less than
thirty (30) days and no more than five (5) years.
(g) An appeal from the Final Decision of the
Commissioner is directly appealable to the Superior Court.
(3) The suspension or revocation of the
Contractor's Certificate of Qualification or Subcontractor's Certificate of
Registration shall not affect obligations under any pre-existing contracts
except as may be amended by the parties.
(4) In the event a successful bidder refuses
or fails to execute and return the contract and forfeits the bid bond, the
Prequalification Committee will evaluate the circumstances and is authorized to
disqualify the bidder for submitting a bid on the same project if it is
reoffered for bids.
O.C.G.A.
§§
32-2-2, 32-2-66, 50-13-4.