Notice of Change/Withdrawal

14-22.002: Regulations Covering Qualification of Contractors
14-22.003: Rating the Applicant
14-22.006: Current Capacity Rating
14-22.007: Joint Ventures
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 36 No. 20, May 21, 2010 issue of the Florida Administrative Weekly.

In response of comments from the Joint Administrative Procedures Committee, Rule 14-22.015, F.A.C., Forms, is being repealed, and the forms incorporated by Rule 14-22.015, F.A.C., will now be incorporated into the rule in which they apply.


(a) Persons or firms who request desire to qualify with the Department in order to bid for the performance of road, bridge, or public transportation construction projects in excess of $250,000, shall file an annual annually with the Department an Application for Qualification, (Online Web Application), Form 375-020-38, Rev. 11/07, hereby incorporated by reference 11/7/2007. An Application for Qualification shall be filed electronically at: Information or assistance regarding the Application can be obtained from by writing to the Department at the address listed below. Persons or firms may obtain information on how to obtain a user name and password to use the Application filing process by contacting the Contracts Administration Office at the address below. The Application will consist of requested information on the Applicant, Applicant’s stakeholder, Applicant’s affiliates, and shall would include the Applicant firm’s background, current and historical contract detail, construction experience, and expertise, financial information, and requested work classes. Persons or firms shall also file two copies of audited financial statements, one copy to accompany be accompanied with the electronic application, and as well as one hard copy as required by this section via hand delivery or mail to Department of Transportation, Contracts Administration Office, 605 Suwannee Street, MS 55, Room B-1, Haydon Burns Building, Tallahassee, Florida 32399-0455, (850)414-4000 or


If the applicant has been qualified under this rule within the last two years, and the Department has three or more Contractor Past Performance Reports are on file for projects completed for the Department within five years of the application filing date, and which have not been previously used to determine an Ability Score, the applicant’s Ability Score shall be calculated by adding the scores of these reports plus the average score from the previous application and dividing the this sum by the number of scores used. Contractor Past Performance Reports shall reflect the applicant’s organization, management, and demonstrated work performance, including work sublet to others, as set forth in Form 700-010-25, Rev. 09/05, hereby which is incorporated by reference in Rule 14-22.015, F.A.C.


6. Debris Removal (Emergency) Contractor Additional Experience,* Form 375-020-70, hereby incorporated by reference.

14. Hot in Place Resurfacing Contractor Additional Experience,* Form 375-020-71, hereby incorporated by reference.

16. Intelligent Transportation Systems Contractor Additional Experience,* Form 375-020-73, hereby incorporated by reference.

18. Landscaping Contractor Additional Experience,* Form 375-020-72, hereby incorporated by reference.


(3) All bidders must certify their total dollar amount of work underway and submit Form 375-020-39, Certification of Current Capacity, hereby incorporated by reference, or a spreadsheet in a similar and accepted format prior to submitting a bid. This information must be submitted within thirty (30) days of submitting a bid or at least once during the month a bid is due via the “Work Underway” link in the Contractor Pre-Qualification System. Failure to submit the Certification of Work Underway shall result in the bidder being prohibited from receiving bidding documents, submitting bids, or receiving contract awards until the certification is submitted. If a Form 375-020-39 is submitted, and the contractor is awarded a contract during that month that exceeds 25% of the total dollar amount of work underway, a revised Form 375-020-39 must be submitted prior to submitting another bid during that month.

In order for the Department to have the information required to determine a bidder’s Current Capacity, it is necessary that the bidder certify the total dollar amount of all work the bidder has underway. This certification shall be accomplished electronically by submitting the Certification of Work Underway (Online Web Application), Form 375-020-39, 11/7/2007, to the Department concurrently with the bid submittal for the first letting in the calendar month that the bidder submits a bid.


(1) Two or more qualified bidders may bid jointly provided that each party has requested that the proposal document be issued to the joint venture; that the combined joint venture meets the requirements of subsection 14-22.008(1), F.A.C., and that the combined Current Capacity of the parties to the joint venture equals or exceeds the budget estimate of the project. The parties to a joint venture shall submit, prior to the issuance of the proposal document, a statement in the name of the joint venture signed by each party, indicating the percentage of proposed contract work to be debited against each ones Current Capacity. The total of these percentages must equal one hundred percent. No party in the joint venture may exceed its Current Capacity by virtue of the percentage of work to be debited against its available capacity, as expressed on the signed statement and using the budget estimate as the comparison figure. To comply with this Section, the parties to a joint venture shall submit Form 375-020-18, Declaration of Joint Venture and Power of Attorney for Bidding on Specified Project(s), hereby incorporated by reference, and receive approval prior to the due date of the letter of interest, the request for proposal, or issuance of the proposal, whichever is due or occurs first. If any party exceed(s) its Current Capacity, by virtue of the percentage of the work to be debited against its available capacity, as expressed on the signed statement and using the budget estimate as the comparison figure, then the party must take action prior to the issuance of a proposal document in the name of the joint venture which results in their percentage being within their Current Capacity.

14-22.015 Forms. No change.

Rulemaking Specific Authority 334.044(2), 337.14(1) FS. Law Implemented 337.11, 337.14, 337.167 FS. History–New 11-10-82, Amended 8-25-83, Formerly 14-22.15, Amended 12-20-89, 1-4-94, 7-1-95, 7-2-95, 7-8-01, 6-27-04, 12-18-05, 5-15-06, 11-5-06, 1-23-08, Repealed________.