Okla. Admin. Code § 260:65-1-25

Current through Vol. 42, No. 4, November 1, 2024

Section 260:65-1-25 - Contractor suspension

(a)Suspension. The Department may suspend a contractor in accordance with this provision for a period of not less than six (6) months and not exceeding five (5) years. Suspension shall mean that the contractor is not permitted to bid on state construction projects and is not eligible to be awarded state contracts during the period of suspension.

(b)Cause for suspension. Cause for suspension shall be any of the following reasons:

(1) a contractor fails to post or allows to expire a bid bond, performance bond, payment bond, or insurance required by 260:65-1-11;

(2) a contractor fails to perform pursuant to the contract;

(3) a contractor provides the Department with false, misleading, inaccurate, or materially deficient information;

(4) a contractor fails to keep a bid firm, for the period specified, after the solicitation closing date;

(5) a contractor fails to resolve a dispute with a state agency;

(6) upon the final decision by the appropriate regulatory authority or court of competent jurisdiction that a contractor engaged in discriminatory practices;

(7) a contractor misrepresents, fails to provide, or allows to expire a professional certification required by a contract with the Department;

(8) a contractor colludes with other contractors to restrain competitive bidding;

(9) a contractor provides a state employee or state official with a kickback;

(10) the Department determines, in its sole discretion, that a contractor is no longer responsible or qualified to do business with the State of Oklahoma;

(11) a contractor violates any provision of the Public Competitive Bidding Act of 1974;

(12) any other reason the Department determines appropriate; or

(13) violation of applicable ethics rules or laws.

(c)Suspension notice. The Department shall send written notice of suspension to a contractor designating the suspension period, which shall begin three (3) business days from the date of the notice and shall expire no later than the end of the period specified in the notice.

(d)Contractor suspension appeal. A contractor may appeal a suspension in writing to the Director within ten (10) business days of receipt of the suspension notice; pursuant to 75 O.S. § 309 and the provisions of 260:65-1-22; however, the contractor shall be suspended pending a determination of the appeal.

(e)Contractor request for reinstatement. A suspended contractor may request reinstatement from the Director prior to the end of the contractor's suspension period. The Director may consider reinstating the contractor upon submission by the contractor of documents that indicate a change of conditions.

(f)Contractor reinstatement. If the Director reasonably believes that the contractor demonstrates the ability to satisfy requirements for performance of state contracts, the Director shall send written notice of reinstatement to the contractor.

Okla. Admin. Code § 260:65-1-25

Adopted by Oklahoma Register, Volume 41, Issue 22, August 1, 2024, eff. 8/11/2024