Rule 665-2-11-.14 - Offeror RehabilitationOfferors who have been debarred, may apply for a declaration of rehabilitation where such offeror has taken affirmative actions to remedy the facts or circumstances that lead to the debarment. Applications for a declaration of rehabilitation shall be filed with GTA's Procurement Director in accordance with this Rule. The decision to grant or deny such applications is within the discretion of the Procurement Director, as long as there is a rational basis for the decision. Decisions shall not be arbitrary or capricious.
(a) General Standards. 1. An application for a declaration of rehabilitation may be made by any offeror who has been suspended or debarred by GTA, if such offeror has either declined to protest or exhausted the processes set forth in Rule 665-2-11-.13.2. A declaration of rehabilitation will not result in the expungement of the existing record documenting the suspension or debarment. A copy of the decision granting the requested declaration or denying the application shall be appended to the appropriate underlying records.3. In instances where an offeror has been debarred, the restrictions and scope of the debarment decision shall remain in full effect until the debarment time limit has expired, UNLESS the Procurement Director renders a decision granting the application for declaration of rehabilitation effective earlier than the original debarment time limit.(b) Time for Filing Application for Declaration of Rehabilitation. 1. The submission of an application for a declaration of rehabilitation shall not toll any time limits set forth for filing a Protest. If an offeror or contractor files a Protest, no application for a declaration of rehabilitation may be filed prior to the issuance by GTA of a final decision of the Protest or the withdrawal or abandonment of the Protest.2. Debarred offerors may not file an application for a declaration of rehabilitation until 12 months have passed from the effective date of the debarment, or until the debarment time limit has expired, whichever is earlier. Furthermore, debarred offerors must wait at least twelve (12) months after a decision by the Procurement Director denying an application for a declaration of rehabilitation or until the expiration of the debarment time limit, whichever is earlier, before submitting another application for rehabilitation, unless the Procurement Director's decision expressly allows otherwise.(c) Form and Content of Application. To apply for a declaration of rehabilitation, an offeror or contractor must submit a written filing to the Procurement Director in support of such application. The filing in support of the rehabilitation application shall state how the applicant has demonstrated its responsibility for future procurement awards, and shall: 1. demonstrate that the issues leading to the debarment have been remedied by the applicant, and/or2. to the extent that appropriate remedies or corrective action(s) require the agreement of GTA or a particular procuring agency, set forth the agreement of the applicant to implement such remedies or corrective actions should a declaration of rehabilitation by the Procurement Director so require.(d) Remedies. Remedies or corrective actions may include, but are not limited to: 1. retaining an auditor, monitor, technical consultant or independent private sector inspector general to review the applicant's business practices, oversee its performance and/or develop specific remedies with respect to the subject matter of the debarment;2. ownership changes and/or reorganizations of the legal structure of the applicant in a manner that appropriately remedies the issues raised in the debarment;3. dismissing employees whose actions were the subject matter of the debarment;4. entering into voluntary agreements with the GTA or other state entity prescribing corrective actions and/or otherwise appropriately remedying the subject matter of the debarment;5. resolving judicial or administrative proceedings that were the subject matter of the debarment under terms demonstrating that such concerns have been appropriately remedied; or6. engaging in any other lawful action leading to resolution of the issues that were the subject matter of the debarment, or demonstrating that any negative information that lead to the debarment has been appropriately remedied.(e) Notice to Agencies. The applicant shall concurrently provide a copy of its application for rehabilitation to the GTA, and to the Contracting Officer (or equivalent or higher position) of any agency that requested debarment proceedings be initiated against the contractor.(f) GTA Procurement Director Decision. The Procurement Director shall review the application and shall consult with all agencies copied in accordance with subparagraph (e) above, and may consult with any other relevant government agency, prior to making a final decision concerning the application for a declaration of rehabilitation. The Procurement Director may seek additional information from the applicant. Upon review of the application and any subsequent submission by the applicant, the Procurement Director shall issue a decision granting or denying the application for declaration of rehabilitation based upon the adequacy of the remedies or corrective actions identified by the applicant, as well as its overall capacity to be a responsible contractor. The Procurement Director may condition any declaration of rehabilitation upon the applicant's completion of specific additional corrective actions. The Procurement Director's decision granting or denying the application for declaration of rehabilitation shall be final and is not subject to Protest or any other form of administrative review.(g) Notification of Decision. A copy of the Procurement Director's decision granting or denying the application for declaration of rehabilitation shall be sent to the contractor and to the contracting officer of any agency that requested that debarment proceedings be initiated against such contractor.Ga. Comp. R. & Regs. R. 665-2-11-.14
O.C.G.A. Secs. 50-25-4, 50-25-7.3.
Original Rule entitled "Offeror Rehabilitation" adopted. F. June 25, 2004; eff. July 15, 2004.