Terms Used In Florida Regulations 14-22.012

  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
    (1) As provided in Florida Statutes § 337.16(2), 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 Florida Statutes § 337.14, 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) One of the circumstances specified under Florida Statutes § 337.16(2), has occurred.
    (b) Affiliated contractors submitted more than one proposal for the same work. In this event the Certificate of Qualification of all of the affiliated bidders will be revoked, suspended, or denied. All bids of affiliated bidders will be rejected.
    (c) The contractor made or submitted false, deceptive, or fraudulent statements, certifications, or materials in any claim for payment or any information required by any Department contract, including the Certification of Work Underway.
    (d) The contractor or its affiliate defaulted on any contract or a contract surety assumed control of financial responsibility for any contract of the contractor.
    (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.
    (f) The contractor failed to comply with contract or warranty requirements, or failed to follow Department direction in the performance of a contract.
    (g) The contractor failed to timely furnish all contract documents required by the contract specifications, special provisions, or by any state or federal statutes or regulations. If the contractor fails to furnish any of the subject contract documents by the expiration of the period of suspension, revocation, or denial set forth above, the contractor’s Certificate of Qualification shall remain suspended, revoked, or denied until the documents are furnished.
    (h) The contractor failed to notify the Department’s Contracts Administration Office within 10 days of the contractor, or any of its affiliates, being declared in default or otherwise not completing work on a contract, or being suspended from qualification to bid or denied qualification to bid by any other public or semi-public agency.
    (i) The contractor did not pay its subcontractors or suppliers in a timely manner or in compliance with contract documents.
    (j) The contractor has demonstrated instances of poor or unsatisfactory performance, deficient management resulting in project delay, poor quality workmanship, a history of payment of liquidated damages, untimely completion of projects, uncooperative attitude, contract litigation, inflated claims or defaults.
    (k) An affiliate of the contractor has previously been determined by the Department to be non-responsible, and the specified period of suspension, revocation, denial, or non-responsibily remains in effect.
    (l) The contractor or affiliate(s) has been convicted of a contract crime, as provided in Florida Statutes § 337.165
    (m) Any other circumstance constituting “good cause” under Florida Statutes § 337.16(2), exists.
    (2) The Department shall deny or revoke the Certificate of Qualification of any contractor and its affiliates for a period of 36 months, pursuant to Florida Statutes § 337.165, when it is determined by the Department that the contractor has, subsequent to January 1, 1978, been convicted of a contract crime within the jurisdiction of any state or federal court. Any such contractor shall not act as a prime contractor, material supplier, subcontractor, or consultant on any Department contract or project during the period of denial or revocation.
    (3) The Certificate of Qualification of a contractor found delinquent under Florida Statutes § 337.16(1), shall be denied, suspended, or revoked. A suspension or revocation shall prohibit the contractor from being a subcontractor on Department work during the period of denial, suspension, or revocation, except when a prime contractor’s bid has used prices of a subcontractor who becomes disqualified after the bid, but before the request for authorization to sublet is presented.
    (4) If a contractor’s Certificate of Qualification is revoked, suspended, or denied and the contractor receives an additional period of revocation, suspension, or denial of its Certificate of Qualification, the time periods will run consecutively.
    (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.
Examples of factors affecting the seriousness of a deficiency are:
    (a) Impacts on project schedule, cost, or quality of work;
    (b) Unsafe conditions allowed to exist;
    (c) Complaints from the public;
    (d) Delay or interference with the bidding process;
    (e) The potential for repetition;
    (f) Integrity of the public contracting process;
    (g) Effect on the health, safety, and welfare of the public.
Rulemaking Authority Florida Statutes § 334.044(2), 337.14(1). Law Implemented 337.11, 337.14, 337.16, 337.165, 337.167 FS. History—(Formerly Chapter 14-8), New 7-1-67, Amended 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, 4-13-14.