Wash. Admin. Code § 468-16-180

Current through Register Vol. 24-23, December 1, 2024

Section 468-16-180 - Suspension of qualification

(1) A suspension may be ordered for cause or for a period pending the completion of investigation and any ensuing legal action for revocation of qualification.

(2) The secretary may, upon determination from reports, other documents, or through investigation that cause exists to suspend the qualification of a contractor, impose suspension upon a contractor.

(3) The secretary may suspend qualification for:

(a) Incompetency found detrimental to timely project completion or to the safety of the public or employees.

(b) Inadequate performance on one or more projects.

(c) Infractions of rules, regulations, specifications, and instructions which may adversely affect public health, welfare, and safety.

(d) Uncompleted work which might prevent the prompt completion of other work.

(e) A finding of noncompliance and refusal to agree to take corrective action, and/or failure to implement agreed upon corrective action to comply with equal employment opportunity, small, women's, minority, disadvantaged business enterprise, and veteran-owned business requirements or state apprentice utilization requirements.

(f) Repeated findings of noncompliance (two or more) with equal employment opportunity, small, women's, minority, disadvantaged business enterprise, and veteran-owned business requirements or state apprentice utilization requirements.

(g) Debarment or suspension from participation in federal or state projects.

(h) Pending completion of debarment proceedings in federal or state projects.

(4) The minimum periods of suspension for acts or deficiencies enumerated above are as follows:

(a) For subsection (3)(a) and (e) of this section - Three months.

(b) For subsection (3)(b), (c), (d), and (f) of this section -Six months.

(c) For subsection (3)(g) of this section - For duration of debarment or suspension by the federal or other state agency.

(d) For subsection (3)(h) of this section - Until a determination is made by the federal or other state agency.

(5) The secretary may reduce the period of suspension upon the contractor's supported request for reasons including, but not limited to:

(a) Newly discovered evidence;

(b) Elimination of causes for which the suspension was imposed.

Wash. Admin. Code § 468-16-180

Amended by WSR 15-01-170, Filed 12/23/2014, effective 1/23/2015

Amended by WSR 23-23-165, Filed 11/21/2023, effective 12/22/2023

Statutory Authority: RCW 47.01.101, 47.28.030 and 47.28.070. 97-09-045 (Order 168), § 468-16-180, filed 4/15/97, effective 5/16/97; 94-05-004, § 468-16-180, filed 2/2/94, effective 3/5/94; 93-03-020 (Order 134), § 468-16-180, filed 1/12/93, effective 2/12/93; 91-04-014 (Order 128), § 468-16-180, filed 1/28/91, effective 2/28/91.