In accordance with section 5525.03 of the Revised
Code, the director may refuse to issue a certificate of qualification, may
revoke a certificate of qualification, or debar a certificate holder when the
applicant or certificate holder has been found to be responsible for any one of
the following:
(A) The company has been defaulted by the
director on a department project;
(B) The company or its principals,
including its key personnel, have been debarred or suspended by the United
States government or other states or other Ohio state agencies from bidding on
or working on their projects;
(C) The company or its principals,
including its key personnel, have been convicted of crimes involving fraud that
includes but is not limited to bribery, falsification of documents, theft and
any offense that directly reflects on the integrity of the
business;
(D) The company files for protection from
its creditors in the United States bankruptcy court;
(E) The company or its principals,
including its key personnel, deliberately submitted false or misleading
information in connection with the application for a certificate of
qualification or in connection with a bid for a contract or in connection with
the performance of a contract;
(F) The company or its principals,
including its key personnel, have been found to have colluded with other
bidders for purposes of obtaining or dividing contracts;
(G) The company or its principals,
including its key personnel, have been found to have violated its disadvantaged
or minority prime contract or subcontract requirements;
(H) The company or its principals,
including its key personnel, have failed to pay prevailing wages, fringes and
benefits to its employees;
(I) The company has received a multiplier
computed in accordance with rule 5501:2-3-03 of the Administrative Code of less
than 5.0 for two consecutive years when contractor evaluations have been
performed.
At the time of denial of a certification or
revocation of a certification, the director shall provide written notice to the
applicant or certificate holder of the grounds for denial or revocation of a
certification. Said grounds shall be consistent with paragraphs (A) to (H) of
this rule.
The applicant or certificate holder may appeal
the determination of the denial to the prequalification review board by
following the appeal process under rule 5501:2-3-09 of the Administrative Code.
The director may refuse to allow an applicant or certificate holder the
opportunity to bid on a construction project during the pendency of the
appeal.
Prior to a debarment action, the director shall
provide written notice to the applicant or certificate holder of the grounds
for debarment and afford the applicant or certificate holder an opportunity for
a hearing before a hearing officer selected by the director.
If the applicant or certificate holder desires a
hearing then the applicant or certificate holder must request the hearing in
writing within thirty days of the mailing of the notice for debarment.
The request for the hearing must be sent to the
director with a copy to the administrator of the office of contracts. The
director shall schedule the hearing within fifteen days of receiving the
request for a hearing. The hearing date may be continued by the director at his
request or the request of the applicant or certificate holder.
In the event an appeal is requested, the hearing
officer will provide a reasonable opportunity for the appellant to present its
evidence as to why its certificate should be issued or reinstated and the
company or its individuals not be debarred. The hearing shall be an opportunity
for the hearing officer to determine de novo whether the appellant should hold
a certificate of qualification. The hearing officer may receive from the
appellant and from the department documents and other evidence he rules to be
relevant to the proceedings. A stenographic transcript of the oral testimony
shall be made.
The appellant and the department may be
represented by counsel, however, such representation is not required. Any
subpoenas for the hearing shall be requested from the hearing officer for
issuance by the department.
The hearing officer shall, within seven days of
the completion of the hearing, submit a written report to the director setting
forth his findings of fact and conclusions of law. The report shall include a
recommendation of action to be taken by the director. A copy of this written
report shall, at the time it is submitted to the director, be forwarded by
certified mail to the appellant, or its representative of record, and to the
department. Both the appellant and the department may file with the director
written objections to the hearing officer's report within ten days of
receipt of the report. A copy of these objections shall be sent to the opposing
party by certified mail, return receipt requested, at the same time they are
sent to the director. The opposing party may submit to the director a written
response to the objections within seven days of receipt of the objections. The
director may refer the matter back to the hearing officer for consideration of
the objections and responses. The hearing officer shall consider these
objections and submit a supplementary report and recommendation to the director
within five days after such a referral. The director shall not take any action
approving, modifying, or rejecting the recommendation of the hearing officer or
otherwise determine the eligibility of the appellant until after the applicable
time periods provided in this paragraph unless it is modified by agreement of
the applicant and the department.
The director will render a decision within
fourteen days after the expiration of the time for submission from the
appellant, the department and the hearing officer. The decision shall be sent
by certified mail to the appellant or its representative of record.
The appellant of a debarment may appeal an
adverse determination by the director as provided for in section 5525.03 of the
Revised Code.
The record will be preserved and maintained in
the custody of the director following the decision of the director. Copies of
the record will be made available at cost.
