|(a) The deputy executive director will appoint the
members and chairman of the Performance Review Committee. The members
and chairman serve at the discretion of the deputy executive director.
The Performance Review Committee will review the information submitted
to the committee under §9.23(f) of this subchapter, any documentation
developed by the department during the evaluation process under §9.23
of this subchapter, and any documentation submitted by the contractor.
The committee will determine whether grounds exist for action under
this section. After reviewing the submitted information, the Performance
Review Committee may recommend one or more of the following:
(1) take no action;
(2) reduce the contractor's bidding capacity;
(3) prohibit the contractor from bidding on one or
(4) immediately suspend the contractor from bidding
for a specified period of time; or
(5) prohibit the contractor from being awarded a contract
on which they are the apparent low bidder.
(b) The Performance Review Committee may recommend
that one or more actions listed in subsection (a) of this section
be taken immediately to ensure project quality, safety, or timeliness
(1) the contractor failed to execute a highway improvement
contract after a bid is awarded, unless the contractor honored the
bid guaranty submitted under §9.14(d) of this chapter (relating
to Submittal of Bid);
(2) the commission, during the preceding 36-month period,
rejected two or more bids by the contractor because of contractor
(3) the department declared the contractor in default
on a highway improvement contract; or
(4) a district notifies the committee through the referring
division that a contractor has failed to comply with a project recovery
plan established under §9.23(c).
(c) If the committee determines that action under subsection
(a) or (b) of this section is appropriate, the committee, except as
provided by subsection (e) of this section, will confer with the Chief
Engineer on the appropriate action to be taken and applied to the
contractor. The committee will send its recommendation to the Deputy
Executive Director within 10 business days after the date that it
determines the action to be applied.
(d) The Deputy Executive Director will consider the
Performance Review Committee's recommendation and make a determination
of any action to be taken. Within 10 business days after the date
of the Deputy Executive Director's determination, the department will
send notice to the contractor and to appropriate department employees
affected by the determination. The notice will:
(1) state the nature and extent of the remedial action;
(2) summarize the facts and circumstances underlying
(3) explain how the remedial action was determined;
(4) if applicable, inform the entity of the imposition
of a suspension; and
(5) state that the provider may appeal the reduction
in accordance with §9.25 of this subchapter (relating to Appeal
of Remedial Action).
(e) A decision of the Deputy Executive Director under
subsection (d) of this section may be appealed in accordance with
§9.25 of this title (relating to Appeal of Remedial Action).
(f) If the Performance Review Committee, in the performance
of its duties under this section finds information that indicates
that grounds for the imposition of sanctions under Chapter 10 of this
title (relating to Ethical Conduct by Entities Doing Business with
the Department) may exist, the committee immediately shall provide
that information to the department's Compliance Division.