Section R17-3-203. Reduced Prequalification Amounts or Disqualifi- cations

A.      The Board may reduce the prequalification amount of a con- tractor already prequalified or disqualify a contractor from bidding if a contractor:

1.        Falsifies any document or misrepresents any material fact in the information furnished to the Department;

2.        Fails to enter into a contract with the Department;

3.        Defaults on a previous contract with any public agency;

4.        Has an unsatisfactory work performance record with the Department on the basis of workmanship, competent superintendence, adequate and proper equipment, timely completion, or failure to submit required documentation for closing out a contract; or

5.        Fails to provide notification to the Board, within 30 cal- endar days of occurrence, of any change in ownership, corporate officers or general partners, bankruptcy, receiv- ership, court supervised reorganization, or the entry of a judgment in a judicial or administrative proceeding adverse to the contractor.

B.       The Board shall notify a contractor in writing of its intention to reduce the prequalification amount or to disqualify a contrac- tor. The Board’s notice to reduce prequalification or to dis- qualify a contractor shall become a final determination unless the contractor requests a hearing with the Board within 20 cal- endar days after receiving such notification. The Board shall notify the contractor about the hearing procedures.

C.      The contractor may appeal the Board’s decision to the State Engineer. The Board shall notify the contractor about the appeal procedures.

Historical Note

Adopted effective March 3, 1987 (Supp. 87-1). Amended by final rulemaking at 8 A.A.R. 79, effective December 10, 2001 (Supp. 01-4).