Section 105IAC11-2-8. Revocation of certificate of qualification

   (a) A certificate of qualification may be revoked if it is administratively determined by the prequalification committee that the contractor or subcontractor has done any of the following:

(1) Failed to timely pay, or satisfactorily settle, any bills due to labor and material on former or existing contracts.

(2) Is found to be in violation of either a state or federal law or regulation or the rules of a state or federal:

(A) department;

(B) board;

(C) bureau;

(D) agency; or

(E) commission.

(3) Defaulted on a contract.

(4) Failed to enter into a department contract.

(5) Falsified any document required by:

(A) the department;

(B) the state board of accounts; or

(C) any agency of the state of Indiana.

For the purpose of this section, "falsify" means an intentional act of omission or commission.

(6) Was convicted of a bidding crime resulting from a jury or bench trial, entered into a plea of guilty or nolo contendere, made a public admission, made a presentation as an unindicted co-conspirator, or gave testimony, which is protected by a grant of immunity, in any jurisdiction.

(7) Failed to perform any part or portion of an existing or previous contract.

(8) Failed to submit in a timely manner:

(A) information;

(B) documented explanations; or

(C) evidence;

required in the contract documents or proposal form.

(9) Has been debarred by a federal agency.

(10) Failed to comply with any and all proposal form requirements concerning disadvantaged business enterprise (DBE) and women business enterprise (WBE) goals.

(11) Had knowledge that a subcontractor further subcontracted its work.

(12) Offered or gave a gift with a market value of ten dollars ($10) or more, to a unit, officer, or employee of the department, or repetitively offered or gave gifts of a value of ten dollars ($10) or less to a unit, officer, or employee of the department.

  (b) Notification of such pending action shall be made in writing, setting forth the grounds for the proposed certificate revocation. The revocation will become effective after all avenues of appeal under section 9 of this rule are exhausted. The period of disqualification will not exceed two (2) years. (Indiana Department of Transportation; 105 IAC 11-2-8; filed Jul 25, 1991, 3:30 p.m.: 14 IR 2190; filed Jun 25, 1992, 5:00 p.m.: 15 IR 2452; readopted filed Nov 7, 2001, 3:20 p.m.: 25 IR 899; filed May 23, 2007, 2:58 p.m.: 20070620-IR-105070036FRA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA)