Rule 672-5-.15 - Suspension or Revocation of Certificate of Qualification or Certificate of Registration(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.Ga. Comp. R. & Regs. R. 672-5-.15
O.C.G.A. §§ 32-2-2, 32-2-66, 50-13-4.
Original Rule entitled "Revocation of Certificate of Qualification" adopted. F. Aug. 9, 1973; eff. Aug. 29, 1973.Repealed: New Rule entitled "Revocation of Certificate of Qualification or Certificate of Registration" adopted. F. Dec. 22, 1976; eff. Jan. 11, 1977.Repealed: New Rule, same title adopted. F. Oct. 23, 2000; eff. Nov. 12, 2000.Repealed: New Rule entitled "Suspension or Revocation of Certificate of Qualification or Certificate of Registration" adopted. F. Nov. 20, 2006; eff. Dec. 10, 2006.Amended: F. May 1, 2018; eff. May 21, 2018.