13856564, 14-22.0011 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 13856564

Notice of Proposed Rule

Department:

DEPARTMENT OF TRANSPORTATION

Chapter:

CONTRACTORS - HIGHWAY - QUALIFICATION TO BID

Overview

RULE:

14-22.0011	General Procedural Requirements
14-22.002	Regulations Covering Qualification of Contractors
14-22.003	Rating the Applicant
14-22.0041	Procedure for Qualification and Issuance of Certificate of Qualification
14-22.0042	Notification of Contract Crime
14-22.005	Period of Validity of Qualification
14-22.006	Current Capacity Rating
14-22.007	Joint Ventures
14-22.008	Eligibility for Obtaining Proposal Documents
14-22.012	Suspension, Revocation, or Denial of Qualification
14-22.0121	Reapplication and Reinstatement
14-22.014	Emergency Suspension and Revocation
14-22.0141	Contractor Non-Responsibility

PURPOSE:

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.

RULEMAKING AUTHORITY:

334.044(2), 337.14(1), F.S.

LAW:

337.11, 337.14, 337.16, 337.164, 337.165, 337.167, F.S.

PRINT PUBLISH DATE:

11/22/2013 Vol. 39/228

COMMENTS:

From 11/22/2013 To 12/13/2013 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-03119 Annual application for Qualification
Ref-03120 Certification of Current Capacity
Ref-03121 Declaration of Joint Venture
Ref-03122 Contractor Past Performance Reports
Ref-03123 Emergency Debris Removal

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