Current through Register Vol. 24-06, March 15, 2024
(1) A suspension
may be ordered for cause or for a period pending the completion of
investigation and any ensuing legal action for revocation of
qualification.
(2) The secretary
may, upon determination from reports, other documents, or through investigation
that cause exists to suspend the qualification of a contractor, impose
suspension upon a contractor.
(3)
The secretary may suspend qualification for:
(a) Incompetency found detrimental to timely
project completion or to the safety of the public or employees.
(b) Inadequate performance on one or more
projects.
(c) Infractions of rules,
regulations, specifications, and instructions which may adversely affect public
health, welfare, and safety.
(d)
Uncompleted work which might prevent the prompt completion of other
work.
(e) A finding of
noncompliance and refusal to agree to take corrective action, and/or failure to
implement agreed upon corrective action to comply with equal employment
opportunity, small, women's, minority, disadvantaged business enterprise, and
veteran-owned business requirements or state apprentice utilization
requirements.
(f) Repeated findings
of noncompliance (two or more) with equal employment opportunity, small,
women's, minority, disadvantaged business enterprise, and veteran-owned
business requirements or state apprentice utilization requirements.
(g) Debarment or suspension from
participation in federal or state projects.
(h) Pending completion of debarment
proceedings in federal or state projects.
(4) The minimum periods of suspension for
acts or deficiencies enumerated above are as follows:
(a) For subsection (3)(a) and (e) of this
section - Three months.
(b) For
subsection (3)(b), (c), (d), and (f) of this section -Six months.
(c) For subsection (3)(g) of this section -
For duration of debarment or suspension by the federal or other state
agency.
(d) For subsection (3)(h)
of this section - Until a determination is made by the federal or other state
agency.
(5) The
secretary may reduce the period of suspension upon the contractor's supported
request for reasons including, but not limited to:
(a) Newly discovered evidence;
(b) Elimination of causes for which the
suspension was imposed.
Statutory Authority:
RCW
47.01.101,
47.28.030 and
47.28.070. 97-09-045 (Order 168),
§ 468-16-180, filed 4/15/97, effective 5/16/97; 94-05-004, §
468-16-180, filed 2/2/94, effective 3/5/94; 93-03-020 (Order 134), §
468-16-180, filed 1/12/93, effective 2/12/93; 91-04-014 (Order 128), §
468-16-180, filed 1/28/91, effective
2/28/91.
