GA - GAC
Rules and Regulations of the State of Georgia
Terms and Conditions of Agreement for Access to Rules and Regulations of the State of Georgia Website

(Note: certain features of this site have been disabled for the general public to prevent digital piracy. If you are an entitled government entity pursuant the Georgia Administrative Procedures Act, O.C.G.A.§ 50-13-7(d) contact the State of Georgia's Administrative Procedures Division at 678-364-3785 to enable these features for your location.)

To access this website, you must agree to the following:

These terms of use are a contract between you and/or your employer (if any), and Lawriter, LLC.

You agree not to use any web crawler, scraper, or other robot or automated program or device to obtain data from the website.

You agree that you will not sell or license anything that you download, print, or copy from this website.

THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS." THE STATE OF GEORGIA AND LAWRITER EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND ARE NOT LIABLE TO ANY PERSON FOR ANY ERRORS IN INACCURACIES CONTAINED IN THIS WEBSITE.

By accessing and/or using this website, you agree to the terms and conditions above. If you do not agree to the terms and conditions above, you must cease accessing and/or using this website and destroy all material obtained from this website without your agreement.

If you accept these terms enter the information below and click “I AGREE”.

Subject 665-2-11 MISCELLANEOUS PROVISIONS

Rule 665-2-11-.01 Confidentiality

(1) The offeror may designate documents or records as proprietary or a trade secret however this may not prevent disclosure under the Georgia Open Records Act (O.C.G.A. 50-18-70et seq.). Only documents or records meeting the criteria for an exemption of the Georgia Open Records Act can be kept from disclosure by GTA pursuant to a valid Open Records Request. Documents or records that the offeror does not wish disclosed must be identified on each page in boldface at the top and bottom as "CONFIDENTIAL," along with a cite as to the relevant legal authority exempting the materials from disclosure. Cost information shall not be deemed confidential. Offerors are put on notice that the mere identification and citing of relevant authority may not obviate a disclosure under the Georgia Open Records Act.
(2) To promote maximum competition and to protect the public competitive procedure from being used to obtain information that would normally not be available otherwise, the agency that issued the solicitation document may maintain the confidentiality of trade secrets, and other procurement materials, and like information as the CIO or his designee or the agency's executive officer or his designee may determine necessary to ensure the integrity of the public purchasing process.

Rule 665-2-11-.02 Payment Plans

Purchase contracts may provide for payment over a period of time. Such instances shall carry written prior approval of the administrative head of the agency. Administrative heads and governing board of agencies shall see that statutory or other prohibitions are not violated. The intended plan of payment shall be included in the procurement document.

Rule 665-2-11-.03 Change in Corporate Structure

The state's contracts shall not be assigned. In cases where contractors are involved in corporate consolidations, acquisitions, or mergers; the agency that issued the solicitation document resulting in the contract may negotiate agreements for the transfer of contractual obligations and the continuance of contracts within the framework of the new corporate structures.

Rule 665-2-11-.04 Purchasing From or Through Agency Employees

Every reasonable effort shall be made to avoid making purchases from or through employees of any agency. Prior written approval from the CIO or his designee is required before doing business with such personnel. In deciding whether to grant approval, the CIO or his designee shall consider the type of item or service needed, the prevailing market conditions, whether competition is available, the cost involved, and the effects of doing business with the employee. All such purchases must comply with all statutory requirements governing such transactions.

Rule 665-2-11-.05 Antitrust Violations

In instances of identical offers, or where there are otherwise indications of collusion, awards may be made in a manner intended to discourage or prevent its continuance as deemed to represent the state's best interest. The agency that issued the solicitation documents shall report suspected antitrust violations to appropriate law enforcement authorities.

Rule 665-2-11-.06 Cooperative Purchasing

(1) Where an agency or GTA is a participant in a cooperative project with another governmental entity or with a not-for-profit organization, goods and services necessary to the project shall be acquired according to rules in this Chapter. However, if the interest of the state would be better served by one of the following acquisition methods, the CIO or his designee may authorize that acquisition method to be used:
(a) by making or authorizing acquisition on behalf of such governmental entity or not-for-profit organization; or
(b) by authorizing acquisition on the state's behalf under the provisions of another state or another governmental entity, or not-for-profit organization or consortium.
(2) For the purposes of this Chapter, such governmental entity or not-for-profit organization or consortium may be based in Georgia or in any other state.

Rule 665-2-11-.07 Protest Procedure

This Protest Procedure ("Procedure") is the sole and exclusive administrative procedure for protests, challenges or other claims against any aspect of any procurement or procurement processes of the GTA.

(a) Filing.
1. An Interested Party is the only party that may file a Protest under this Procedure.
2. All Protests, and any subsequent pleadings, correspondence, or other communications with respect to such Protest, must be filed in writing, with a signed original and three (3) copies delivered to the Contracting Officer on a Business Day, between the hours of 9:00 a.m. and 5:00 p.m. local time, at the same address shown for filing the Solicitation Response in the Solicitation Document that is the subject of the Protest. The filing or copying of any pleadings, correspondence or other communications with respect to a Protest with any GTA official other than the appropriate Contracting Officer shall subject the Protest to summary dismissal in accordance with Rule 665-2-11-.07(e).
3. All Protests must be received by the Contracting Officer no later than 5:00 p.m. local time on the last day that such Protest may be filed with respect to a particular Solicitation Document in accordance with this Procedure. Protests may be filed only by hand delivery, U.S. mail or commercial carrier. Protests received by email or fax will not be considered.
4. Failure to timely file the Protest in accordance with Rule 665-2-11-.07(a), or any supporting documents that are required to be filed as a part of the Protest under Rule 665-2-11-.07(b)3., will result in the Protest being deemed untimely and subject to summary dismissal pursuant to Rule 665-2-11-.07(e). Protests will be date/ time stamped by the GTA, and timeliness will be determined solely by the GTA with reference to such date/time stamp.
5. Upon receipt of a Protest, the Protest Coordinator shall review the Protest for compliance with the procedures and requirements set forth within this Rule, the applicable Solicitation Document, and with the specific requirements set forth in Rule 665-2-11-.07(b). Protests that fail to comply with any mandatory item in that rule shall subject the Protest to summary dismissal in accordance with Rule 665-2-11-.07(e). Upon receipt of any subsequent pleadings, correspondence or other communications with respect to a Protest that are permitted by this Rule or requested by the Protest Decision maker from the Protestor, the Contracting Officer will forward such materials as expeditiously as possible to the appropriate Protest Decision maker for the Protest. Upon receipt of any subsequent pleadings, correspondence or other communications with respect to a Protest that are not permitted by this Procedure, Rule 665-1-2-.04, or requested by the Protest Decision maker from the Protestor, the Contracting Officer will forward such materials as expeditiously as possible to the appropriate Protest Coordinator for disposition under Rule 665-2-11-.07(e).
(b) Form of the Protest.
1. All Protests must be filed in an envelope labeled "PROTEST," which identifies the Protestor's name and address, the name of the GTA Contracting Officer, the GTA title assigned to the procurement, and the applicable solicitation or contract numbers.
2. Protests must be on the Protestor's letterhead and shall not exceed ten (10) pages in length (including all attachments and exhibits thereto that contain any written pleadings or argument, but excluding supporting documentation under Rule 665-2-11-.07(b).3). Each page shall have print on only one side of the page with margins no smaller than one inch (1"). The font size shall be no smaller than Courier 10 characters per inch, 12 point (or equivalent).
3. Any supporting documentation that is cited or specifically referenced in the Protest, whether or not it is not already in the possession of the GTA (including copies of any Solicitation Documents), must be filed simultaneously with the Protest.
4. Each Protest shall contain the following mandatory information:
(i) Protestor's name, address, telephone number, facsimile number and e-mail address.
(ii) A signed and notarized affidavit of the Protestor's chief executive officer or the Protestor's legal counsel, given under oath and expressly stating that it is given under penalty of perjury, that the contents of the Protest are true and correct and that the filing of the Protest is authorized by the Protestor's chief executive officer.
(iii) The signature of the Protestor's chief executive officer or the Protestor's legal counsel, whichever is signing the Protest for or on behalf of the Protestor, notarized separately from, and in addition to, the notarized affidavit under Rule 665-2-11-.07(e)4. (ii).
(iv) The specific title assigned by the GTA to the procurement and to the specific Solicitation Document that is the subject of the Protest, and all associated GTA solicitation or contract numbers, must be clearly shown on each page of the Protest.
(v) A specific detailed statement of all legal and factual grounds relied upon by the Protestor in filing its Protest. Any grounds not included in the Protest that the Protestor could have raised when the Protest was filed will be deemed irrevocably waive d and may not be part of, or grounds for, that or any subsequent Protest or other legal action filed by Protestor.
(vi) Information in the form of signed affidavits or supporting documentation sufficient to show that the Protestor qualifies as an Interested Party for the procurement with respect to which such Protest is filed.
(vii) Evidence that the filing of the Protest is timely along with all supporting documentation.
(viii) A specific statement of the form and nature of the relief requested by Protestor.
5. The Protestor's failure to include in its Protest all of the mandatory items specified in Rule 665-2-11-.07(b) shall subject the Protest to summary dismissal in accordance with Rule 665-2-11-.07(e).
(c) Time for Filing.
1. Protestors challenging any aspect of a particular procurement with respect to any matter or event first occurring on or before the Solicitation Response Date of a particular Solicitation Document, including, without limitation, any aspect of such particular Solicitation Document, shall file their Protest within five (5) Business Days of when the basis for the Protest is known or should have been known to the Protestor (whichever is earlier) but in no event later than the Solicitation Response Date for such Solicitation Document. Any Protest by the Protestor with respect to any matter or event first occurring on or before the Solicitation Response Date, including any aspect of the procurement process or the Solicitation Documents issued or occurring prior thereto, must be made within the time frame set forth in Rule 665-2-11-.07(c)1. or will be deemed irrevocably waived and may not be part of, or grounds for, any subsequent Protest or other legal action filed by Protestor. For purposes of this Procedure, Interested Parties shall be deemed to have knowledge of the form and contents of any Solicitation Document at the time that such Solicitation Document is first posted to the Georgia Procurement Registry website or otherwise put on public notice in accordance with the Rules of the GTA.
2. Protestors challenging any aspect of a particular procurement with respect to any matter or event first occurring after the Solicitation Response Date with respect to the particular Solicitation Document and on or prior to the Solicitation Decision Date with respect to such Solicitation Document, including the Contract Award or any other decision issued by the GTA with respect to such procurement during such period of time, shall file their Protest within five (5) Business Days of when the basis for the Protest is known or should have been known to Protestor (whichever is earlier) but in no event later than five (5) Business Days after the Solicitation Decision Date. Any Protest by the Protestor with respect to any matter or event first occurring after the Solicitation Response Date with respect to the particular Solicitation Document and on or prior to the Solicitation Decision Date with respect to such Solicitation Document, including any aspect of the procurement process occurring during such period of time in the procurement with respect to which the Protest is filed, must be made within the time frame set forth in Rule 665-2-11-.07(c)2. or will be deemed irrevocably waived and may not be part of, or grounds for, any subsequent Protest or legal action filed by Protestor.
3. Protests not filed in accordance with the deadlines set forth in Rule 665-2-11-.07(c) shall be deemed untimely and subject to summary dismissal pursuant to Rule 665-2-11-.07(e).
(d) Protest Decision maker.
1. Except as specifically set forth in Rule 665-2-11-.07(d)2. or Rule 665-2-11-.07(d)3., all Protests shall be decided by the GTA Agency Decisionmaker as the Protest Decisionmaker who is authorized by the Executive Director to resolve or rule on any Protest. The Agency Decisionmaker's actions, decisions and orders in such capacity as Protest Decisionmaker shall be deemed to be on behalf of the Executive Director and effective as though taken by the Executive Director.
2. At the sole and exclusive discretion of the Procurement Director exercised at any time prior to the appointment of a Third Party Hearing Officer or the issuance of a decision with respect to a Protest, the Procurement Director may request that the Executive Director appoint a Protest Panel to recommend a resolution or ruling on any Protest in accordance with Rule 665-2-11-.07(i)4. Upon any such appointment of a Protest Panel by the Executive Director, the Protest Panel's actions, decisions and orders in such capacity as Protest Decisionmaker shall be deemed to be on behalf of the Executive Director and effective as though taken by the Executive Director, subject, however, to Rule 665-2-11-.07(i)4. Upon the request for and appointment of a Protest Panel with respect to a particular Protest, such appointment of a Protest Panel with respect to such Protest shall be irrevocable and the Agency Decisionmaker shall not thereafter be entitled to rule singly or to request the appointment of a Third Party Hearing Officer under Rule 665-2-11-.07(d)3. with respect to such Protest.
3. At the sole and exclusive discretion of the Procurement Director exercised at any time prior to the appointment of a Protest Panel or the issuance of a decision with respect to a Protest, the Procurement Director may request that the Executive Director appoint a Third Party Hearing Officer to recommend a resolution or ruling on any Protest in accordance with Rule 665-2-11-.07(i)4. Upon such appointment of a Third Party Hearing Officer by the Executive Director, the Third Party Hearing Officer's actions, decisions and orders in such capacity as Protest Decisionmaker shall be deemed to be on behalf of the Executive Director and effective as though taken by the Executive Director, subject, however, to Rule 665-2-11-.07(i)4. Upon the request for and appointment of a Third Party Hearing Officer with respect to a particular Protest, such appointment of a Third Party Hearing Officer with respect to such Protest shall be irrevocable and the Agency Decisionmaker shall not thereafter be entitled to rule singly or to request the appointment of a Protest Panel under Rule 665-2-11-.07(d)2. with respect to such Protest.
(e) Summary Dismissal: The Protest Coordinator, at any time prior to forwarding the Protest to the Protest Decisionmaker, or the Protest Decisionmaker at any time thereafter, may, in their sole discretion, summarily dismiss any Protest failing to comply with any aspect of this Procedure or any aspect of the applicable Solicitation Documents issued by the GTA. The Protestor will be notified in writing by facsimile transmission or electronic means, with the original to follow by United States Mail, of the summary dismissal of their Protest.
(f) Determination that a Protest is a Frivolous Protest.
1. The Protest Coordinator shall review the Protest to determine whether, in the Protest Coordinator's sole discretion, the Protest meets the definition of a Frivolous Protest. If the Protest Coordinator does not make such review, or after such review either does not determine or declines to determine that the Protest is a Frivolous Protest, the Protest Decisionmaker shall render a decision on the Protest in accordance with Rule 665-2-11-.07(g).
2. If, after review, the Protest Coordinator determines that the Protest is a Frivolous Protest, the Protest Coordinator will notify the Protestor in writing by facsimile transmission or electronic means, with the original to follow by United States Mail, of such determination.
3. The Protestor shall have five (5) Business Days from the date the Protest Coordinator issues the facsimile or electronic notification under Rule 665-2-11-.07(f)2. in which to deliver to the Protest Coordinator the Protestor's written election to proceed with the Protest. Such notice of an election to proceed may be filed with the Protest Coordinator only by hand delivery, U.S. mail or commercial carrier, and notices received by email or fax will not be valid. Failure to notify the Protest Coordinator prior to 5 p.m. on the fifth (5th) Business Day in accordance with the foregoing, or, if applicable, to simultaneously file the bond required by Rule 665-2-11-.07(f)4., shall be deemed a withdrawal of the Protest. Protestor's written election to proceed with the Protest will be date/time stamped by the GTA, and timeliness will be determine d solely by the GTA with reference to such date/time stamp.
4. Any Protestor who has filed at least two (2) Protests with GTA that are determined by the Protest Coordinator or the Protest Decisionmaker to be Frivolous Protests and were not subsequently withdrawn by the Protestor shall be required by the GTA or the Protest Decisionmaker to file a bond, in accordance with this provision, as a condition precedent to any other Frivolous Protest proceeding through the provisions contained in Rule 665-2-11-.07 to a final determination. In the event a bond is required, and the Protestor decides to proceed with the Protest, the Protestor must file with the Executive Director, simultaneously with the Protestor's notice to the Protest Coordinator of its election to proceed with the Protest in accordance with Rule 665-2-11-.07(f)3., either a cash bond or a surety bond executed by the Protestor as the principal and by a surety company qualified and authorized to issue bonds and do business in the State of Georgia.
(i) The bond shall be payable to the GTA and in an amount equal to:
(I) For any Protest filed prior to Contract Award, ten percent (10%) of the Estimated Contract Value, or
(II) For any Protest filed after Contract Award, ten percent (10%) of the Contract Value.
(ii) The bond shall be for an indeterminate period to cover the duration of the Protest and conditioned to provide indemnification for the direct and consequential costs, damages and expenses arising out of the filing, including, but not limited to:
(I) Any costs, damages and expenses to the GTA from the processing of the Protest,
(II) Any costs, damages and expenses to the GTA or any Agency of delaying the Contract Award, and
(III) All costs and expenses of related litigation, including attorney's fees incurred by the GTA in connection with the Protest and any such related litigation.
5. In the event that the final decision on the Protest issued by the Protest Decisionmaker includes a finding that the Protest was a Frivolous Protest or if the Protest is denied, the GTA shall have the right to recover on the bond for the costs, damages and expenses set forth in Rule 665-2-11-.07(f)4. or the amount of the bond, whichever is less. The bonding company shall pay immediately upon receipt of written notification from the GTA of any final decision rendered by the Protest Decisionmaker that the Protest was a Frivolous Protest or that the Protest is denied or, if such decision rendered by the Protest Decisionmaker is appealed, upon receipt of written notification from the GTA of any final order or judgment of any court having jurisdiction affirming such decision. After payment in full to the GTA of all of the costs, damages and expenses set forth in Rule 665-2-11-.07(f)4., any remaining balance of the bond will be discharged, but if the bond is insufficient to discharge in full all such costs, damages and expenses, GTA shall retain the right to recover any amount not covered by the bond from the Protestor. In the event the Protest is sustained or is found not to be a Frivolous Protest, the bond shall be returned to the Protestor.
6. The Procurement Director or the Procurement Director's designee shall keep a log of all Frivolous Protests that are not withdrawn in accordance with Rule 665-2-11-.07(f)3. However, if any court of competent jurisdiction, in a final nonappealable order, overturns the Protest Decisionmaker's final determination that a Protest was a Frivolous Protest, such Protest shall not be considered a Frivolous Protest for purposes of this Rule 665-2-11-.07(f)4.
(g) Time for Decision by Protest Decisionmaker: Protests that are not either summarily dismissed or withdrawn (or deemed withdrawn) shall be forwarded by the Protest Coordinator as expeditiously as possible after the end of the review period referred to in Rule 665-2-11-.07(f)1. to the Protest Decisionmaker for a decision. The Protest Decisionmaker shall issue a decision as expeditiously as possible after the later to occur of:
1. Thirty (30) Business Days from the day the Protest is forwarded to the Protest Decisionmaker pursuant to Rule 665-2-11-.07(g), or
2. The receipt of any requested information from the Contracting Officer, the Protestor or any other party who has relevant information that the Protest Decisionmaker deems necessary in order to render its decision on the Protest.
(h) Protest Decisionmaker's Investigation.
1. The Protest Decisionmaker may request or permit submission of additional statements or documentation from the Contracting Officer, as the Protest Decisionmaker deems necessary in its sole discretion.
2. The Protest Decisionmaker may make a reasonable investigation and is authorized to request any information or documentation it deems necessary in order to render a decision on the Protest.
(i) Protest Adjudication Procedures.
1. The Protest Decisionmaker, in its sole discretion, may issue written questions to the Protestor on any issue the Protest Decisionmaker deems necessary for its consideration of the Protest. Such written questions may be issued in lieu of or in addition to a hearing. Unless specifically required or permitted by this Procedure, or otherwise specifically requested by the Protest Decisionmaker in writing to the Protestor, the Protestor may not file any written pleading, motion or other written documentation with the Contracting Officer or the Protest Decisionmaker after Protestor's filing of the initial Protest.
2. The Protest Decisionmaker, in its sole discretion, either at the Protest Decisionmaker's own instance or upon the Protestor's prior written request, may elect to conduct a hearing in connection with the Protest. Any requests for a hearing must include a brief statement demonstrating that the Protest Decisionmaker's decision will be aided by a hearing. In the event that the Protest Decisionmaker schedules a hearing, the notice of the hearing may set forth the scope of the hearing, including, but not limited to, the issues to be addressed, the length of hearing and whether documentary or testimonial evidence will be accepted. Alternatively, the Protest Decisionmaker may conduct a pre-hearing conference concerning the procedures to be followed at the hearing, what issues are under consideration and a list of witnesses who may testify. The issues and evidence considered by the Protest Decisionmaker are within the sole discretion of the Protest Decisionmaker.
3. The Protest Decisionmaker shall have the discretion to review the Protest Coordinator's determination that a Protest is a Frivolous Protest. If the Protest Coordinator has not made a determination that a Protest is a Frivolous Protest, the Protest Decisionmaker may determine that the Protest is a Frivolous Protest in accordance with this Procedure. Subject to Rule 665-2-11-.07(i)4., the Protest Decisionmaker may fashion any remedy the Protest Decisionmaker deems consistent with the procurement process and the Solicitation Documents, including without limitation,
(i) Deny the Protest in whole or in part,
(ii) Sustain the Protest in whole or in part, or
(iii) Subject to Rule 665-2-11-.07(i)4., order the Contracting Officer to take any measure consistent with the Protest Decisionmaker's remedy, including without limitation,
(I) Award the contract in accordance with the Contracting Officer's original decision,
(II) Suspend Contract Award or other Solicitation Decision and reevaluate the Solicitation Responses,
(III) Cancel the procurement or solicitation,
(IV) Amend the procurement, or
(V) Any other remedy the Protest Decisionmaker determines is necessary to protect or maintain the integrity of the GTA's procurement process.
4. The decision of the Protest Decisionmaker shall be final; provided, however, that if a Protest Panel or a Third Party Hearing Officer is the Protest Decisionmaker, the Protest Panel or Third Party Hearing Officer shall only be entitled to make a written recommendation to the Executive Director containing the Protest Panel's or Third Party Hearing Officer's proposed ruling on the Protest.
(i) The Executive Director may:
(I) Accept, modify or reject the Protest Panel or Third Party Hearing Officer's recommendation in whole or in part,
(II) Return the matter to the Protest Panel or Third Party Hearing Officer with instruction, or
(III) Make any other appropriate disposition.
(ii) The Executive Director's decision shall be deemed the final decision of the Protest Decisionmaker and within the sole discretion of the Executive Director.
(j) Stay of Procurement During Protest: The Executive Director may order a stay in the opening of a Solicitation Response or of the contract performance if the Executive Director determines, in the Executive Director's sole discretion, that a stay is in the best interest of the GTA, any affected Agency or the State of Georgia. Should the Executive Director not stay contract performance pending the resolution of any Protest to an actual Contract Award, the contract shall be awarded on a contingent basis, subject to revocation, revision or other adjustment or modification based on the final decision of the Protest Decisionmaker in such Protest.
(k) Costs: A Protestor shall not be entitled to recover any costs incurred in connection with the procurement process, the solicitation, the Protest, and/or compliance or attempted compliance with this Rule, including preparation costs or attorneys' fees.
(l) Governing Law: The laws and regulations of the State of Georgia, without application of its conflicts of laws principles, shall govern any action brought pursuant to this Procedure.

Rule 665-2-11-.08 Code of Ethics for Government Service

The provisions of O.C.G.A. § 45-10-1et seq. strictly apply to these rules, to the actions of the GTA, and to all parties participating under these Rules.

Rule 665-2-11-.09 Contract Termination for Convenience

At its sole option and in the exercise of its sole discretion, GTA may terminate a contract, in whole or in part, for any reason with seven (7) days' written notice to the contractor ("Notice of Termination for Convenience").

(a) Notices of Termination for Convenience will specify the extent of the termination and the effective date.
(b) After receipt of a Notice of Termination for Convenience, and except as otherwise directed by GTA, the Contractor shall immediately proceed with the following obligations, regardless of any delay in determining or adjusting any amounts due under this section:
1. Stop work as specified in the Notice of Termination for Convenience.
2. Place no further subcontracts or orders for materials, services or facilities, except as necessary to complete the continuing portion of the contract.
3. Terminate all subcontracts and orders to the extent they relate to terminated work.
4. Assign to GTA as directed by the contracting offer, all rights, title, and interest of the contractor under the subcontracts and orders terminated, in which case GTA may settle or pay termination settlement proposal arising out of those terminations.
5. Settle all outstanding liabilities and termination settlement proposals arising from the termination of subcontracts and orders.
6. As directed by the Contracting Officer, transfer title and deliver to GTA -
(i) The fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced or acquired for the work terminated; and
(ii) The completed or partially completed plans, drawings, information, and other property that, if the contract had been completed, would be required to be furnished to GTA.
7. Complete performance of the work not terminated.
8. Take any action that may be necessary or that the Contracting Officer may direct, for the protection and preservation of the property related to the Contract that is in the Contractor's possession and in which GTA has or may acquire an interest.
9. Use its best efforts to sell, as directed or authorized by the Contracting Officer, any property of the types referred to in subsection (f) of this section; provided, however that the Contractor:
(i) Is not required to extend credit to any purchaser and
(ii) May acquire the property under the conditions prescribed by, and at prices approved by, the Contracting Officer. The proceeds of any transfer or disposition will be applied to reduce any payments to be made by GTA under the contract, credited to the price or cost of the work, or paid in any other manner directed by the Contracting Officer.
10. Within seven (7) days after the effective date of termination, the Contractor shall submit to the Contracting Officer a written final termination settlement proposal in the form and with the certification required by the Contracting Officer. The amount of the final termination settlement proposal shall not exceed the total contract price as reduced by (1) the amount of payments previously made and (2) the contract price of work not terminated.
11. The Contracting Officer and the Contractor may use the final termination settlement proposal as the basis for negotiating an agreed upon whole amount to be paid to the contractor because of the termination for convenience.
12. If the Contracting Officer and Contractor fail to reach agreement in the whole amount to be paid to the Contractor because of the termination for convenience, the Contracting Officer shall pay the Contractor the amounts determined as follows:
(i) The total of -
(I) The contract price for completed supplies or services accepted by GTA not previously paid for;
(II) The costs incurred in the performance of the work terminated, including initial costs and preparatory expenses applicable thereto;
(III) The costs of settling and paying termination settlement proposals under terminated subcontractors or orders that are properly chargeable to the terminated portion of the contract.
(ii) Less -
(I) All unliquidated advance or other payments to the contractor under the termination portion of the Contract;
(II) The amount of any devices which GTA has against the Contractor under the Contract; and
(III) The agreed price for, or the proceeds of sale of, materials, supplies, or other items acquired by the Contractor or sold under the provisions of the section and not recovered or credited to GTA.
13. Contractor may appeal the final termination amount paid, if such amount is not a result upon which the Contracting Officer and the Contractor have agreed. Any such appeal must comply with the requirements set forth in the regulations for the resolution of disputes and claims.
14. The GTA may terminate a Contract for Convenience of the State, GTA or any Agency.

Rule 665-2-11-.10 Default and Emergency Cover; Debarment

(1) Where an agency is a party to a contract procured through GTA finds a contractor in default for failing to perform in accordance with the contract requirements, terms or conditions, such agency may take action, immediate if necessary, to purchase the needed goods or services on the open market and charge any additional cost for the goods or services and expense for doing so to the defaulting contractor, where such default results in the creation of an emergency or pressing need as those terms are defined in Rule 665-2-12-.02. If an agency finds a contractor in default, such action and the circumstances shall be reported by the agency to GTA in writing. This does not limit any other remedies that may be available to the state or agency.
(2) GTA may initiate suspension and debarment proceedings at the agency's request or upon GTA's own discretion in accordance with Rule 665-2-11-.13.

Rule 665-2-11-.11 Faithful Performance

(1) A bond, or other means of ensuring faithful performance, may be required on the contractor at the contractor's expense.
(2) Liquidated damages may be provided for in the contract, as a means of ensuring faithful performance from the contractor.
(3) The agency may hold as a retainage a percentage of the contract value to be remitted upon final acceptance by the agency.
(4) The agency may withhold final payment contingent on acceptance of the final deliverable.
(5) Performance-based payments may be utilized.

Rule 665-2-11-.12 Offeror Responsibility

(a) Policy. Purchases shall be made from, and contracts shall be awarded to responsible offerors in accordance with O.C.G.A. § 50-25-7.3(a)(6). Because it is important that the State strive for best value, an award to an offeror is not required solely because that offeror submits the lowest offer. As used throughout these Rules, the term "offeror" refers to any entity that may respond to an Invitation for Bids, Request for Proposals, or any other procurement solicitation document, by whatever name it is called.
(b) General Standards.
1. A responsible offeror is one that GTA believes has the capability in all respects to perform fully the contract requirements and the business integrity to justify a public contract award.
2. Responsibility shall be generally presumed.
3. GTA may base its belief that an Offeror is responsible on responses provided on the offeror's "Statement of Responsibility Certification Form" (where such a form is used) and/or based on an offeror's responses to the requirements of the solicitation document.
4. In order for an offeror to be deemed non-responsible, the contracting officer must make an affirmative determination of non-responsibility.
5. GTA shall have the right to conduct investigations and other forms of due diligence into any offeror's (or potential offeror's) responsibility status at any time and for any reason. Such due diligence may include investigations into one or more of the following areas listed in Rule 665-2-11-.12(b)6 below.
6. Areas affecting an offeror's responsibility may include, but are not necessarily limited to one or more of the following criteria:
(i) adequacy of financial resources. This may include, but is not limited to, the ability to obtain required bonds and insurance from sureties and insurance companies authorized to do business in Georgia.
(ii) satisfactory ability to comply with the contract requirements, considering the firm's other business obligations.
(iii) satisfactory accounting and auditing procedures.
(iv) satisfactory technical qualifications.
(v) satisfactory experience;
(vi) adequacy of the organization, material, equipment, facilities and personnel resources and expertise necessary to carry out the work and meet required delivery or performance schedules;
(vii) whether offeror is presently debarred or suspended from bidding or proposing by any governmental entity;
(viii) whether offeror is presently proposed for debarment or suspension from bidding or proposing by any governmental entity;
(ix) Whether offeror has within a three year period preceding the present procurement been convicted of, or had a civil judgment rendered against them for, commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public contract; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(x) Whether offeror is presently indicted for or otherwise criminally or civilly charged by a governmental entity with commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public contract; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.
(xi) Whether offeror has had a contract terminated for default in the last 3 years.
(xii) Whether offeror is currently under investigation for any possible breach of contract, or fraud or allegations of criminal activity related to the types of Services requested within the subject procurement.
(xiii) satisfactory record of performance.
(xiv) Whether offeror has a satisfactory record of integrity and business ethics in any public or private procurement.
7. Failure of a firm to provide relevant information specifically requested by the Contracting Officer may be grounds for a determination of non-responsibility.
(c) Special Standards
1. When it is necessary for a particular contract or class of contracts, the Contracting Officer shall develop, with the assistance of appropriate specialists, special standards of responsibility. Special standards may be particularly desirable when experience has demonstrated that certain minimum experience or specialized facilities are needed for adequate contract performance.
2. The special standards shall be set forth in the solicitation and shall apply to all offerors.
(d) Statement of Responsibility Certification Form
1. GTA may create one or more certification forms, known as "Statement of Responsibility Certification Forms," to facilitate responsibility determinations. The contents of such forms may be changed from time to time by GTA procurement staff, but must always be consistent with this Rule 665-2-11-.12. Rule 665-2-11-.12 shall control in the event of any conflict between the contents of such certification forms and the Rule.
2. Obligation to File Certification Form. Where a solicitation document requires the submission of a certification form, offerors are obligated to complete and file such certification form at the time specified, and in the absence of a specific deadline, with submission of offeror's bid/proposal. Offerors are further obligated to provide updates to any information submitted, if the responses change at any time prior to contract award.
3. Subcontractors. Where appropriate, GTA may require that an offeror's subcontractors complete and submit Statement of Responsibility Certification Forms as pre-condition to contract award. In such cases, GTA may require offerors to notify their subcontractors of their obligation to complete and file a Statement of Responsibility Certification Form.
4. Failure to Submit Information as Required: Consequences. Where an offeror fails or refuses to submit the required information, the offeror shall be ineligible for contract award in the subject procurement. False certification or information shall be grounds for a non-responsibility determination; debarment; termination for default; or, any combination thereof,
5. Where a solicitation document requires the submission of a certification form, failure to file a Statement of Responsibility Certification Form shall be an amendable defect prior to contract award.
6. Use of the Statement of Responsibility Certification Form in all procurements is not required.
(e) Making a Responsibility Determination.
1. The Contracting Officer may use the following sources of information to support determinations of responsibility or non-responsibility:
(i) any governmental entity's listing of debarred, suspended, or ineligible contractors;
(ii) records of evaluations of performance, as well as verifiable knowledge of agency business, contracting or audit personnel;
(iii) determinations of violations of federal, state, or local law or executive order;
(iv) information supplied by the offeror, including bid or proposal information, Statement of Responsibility Certification Form replies, financial data, information on production equipment, and personnel information;
(v) pre-award survey or information reports;
(vi) personal knowledge of the contracting officer;
(vii) other sources such as offeror references, publications, contractors, subcontractors and customers of the offeror, financial institutions, other government agencies, and business and trade associations; and
(viii) any other publicly available information.
2. A Contracting Officer shall notify the offeror of unfavorable responsibility information and provide the offeror an opportunity to submit additional information or explanation before a final determination is made by the Contracting Officer.
(f) Determination of Non-Responsibility Required.
1. If an offeror who otherwise would have been awarded a contract is found non-responsible, a determination of non-responsibility setting forth the reasons for the finding of non-responsibility shall be prepared by the Contracting Officer.
2. Notice to the non-responsible offeror shall be mailed no later than two business days after the determination of non-responsibility is made and must inform the contractor of the right to contest the determination through the GTA Protest Procedure set forth in Rule 665-2-11-.07 within five (5) business days of receipt. A copy of the determination of non-responsibility should also be sent to the GTA Office of General Counsel (or its equivalent, by whatever name it is known).
3. The determination of non-responsibility shall be included in the record of the affected procurement.
(g) Protest of Non-Responsibility Determination.
1. Any dispute of a non-responsibility determination must be made via a Protest filed in strict accordance with the provisions of Rule 665-2-11-.07.
2. The protesting party shall have the burden of proving by clear and convincing evidence that there is no rational basis for the non-responsibility determination.
(h) Documentation. Documents reflecting the Contracting Officer's determination of non-responsibility and any Protest and decision with respect to such Protest, and evidence of having supplied written notifications as required by these Rules, shall be included in the record of the subject procurement.

Rule 665-2-11-.13 Debarment and Suspension

(a) Grounds for Debarment.
1. Grounds for debarment include the following acts or omissions on the part of the contractor or any of its officers, directors, partners, five percent shareholders, principals, or other person substantially involved in its activities:
(i) conviction under any state or federal law of any of the following:
(I) a criminal offense incident to obtaining, or attempting to obtain, or performing, a public or private contract;
(II) fraud, embezzlement, theft, bribery, forgery, falsification or destruction of records, or receiving stolen property;
(III) a criminal violation of any state or federal antitrust law;
(IV) violation of the Racketeer Influence and Corrupt Organization Act, 18 U.S.C. section 1961et seq., or the Mail Fraud Act, 18 U.S.C. section 1341et seq., for acts in connection with the submission of bids or proposals for a public or private contract;
(V) conspiracy to commit any act or omission that would constitute grounds for conviction or liability under any statute described in subparagraph (IV) above; or
(VI) an offense indicating a lack of business integrity or business ethics that seriously and directly affects responsibility as a contractor;
(ii) judgment of civil liability under any state or federal antitrust law for acts or omissions in connection with the submission of bids or proposals for a public or private contract, or in the performance of such a contract;
(iii) arrears on any debt or contract with the State or without limitation, any of its departments, agencies, boards, bureaus, commissions, or authorities; default as surety or otherwise upon any obligation to the State or without limitation, any of its departments, agencies, boards, bureaus, commissions, or authorities; or arrears for taxes;
(iv) violation of contract provisions, as set forth below:
(I) failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract, or
(II) unsatisfactory performance in connection with the terms of one or more contracts;
(v) debarment by another governmental entity or public authority;
(vi) damage or destruction to State property;
(vii) making or causing to be made any false, deceptive, or fraudulent material statement in any bid, proposal, or application for State or other government work, or in the performance of such work;
(viii) use of unauthorized subcontractors under a contract where subcontractor authorization is required;
(ix) refusal to cooperate with reasonable requests of GTA, Department of Audits, or other State inspectors or representatives with respect to work under the contract provisions, plans, or specifications;
(x) improper conduct, including but not limited to, intentional or grossly negligent billing irregularities, submitting false or frivolous or exaggerated claims, falsification of documents or records, willful destruction of documents or records the contractor had an obligation to maintain, bribery, use of false or deceptive statements to obtain some benefit, causing competition to be restrained or limited, misrepresentation, falsely claiming to be a minority- or woman-owned or small business, violation of ethical standards established by the State, and other dishonesty incident to obtaining, prequalifying for, or performing any contract or modification thereof; or
(xi) any other cause sufficiently serious and compelling that a reasonable person would seriously doubt the capability of the contractor to perform State procurement or service requirements.
2. A contractor may also be debarred if:
(i) it was founded or established, or operates in a manner designed, to evade the application or defeat the purpose of these Rules, or
(ii) it is a successor, assignee, subsidiary, or affiliate of a debarred contractor.
3. Imputed Conduct.
(i) The fraudulent, criminal, or other improper conduct of any officer, director, shareholder, partner, employee, or other individual associated with a contractor may be imputed to that contractor when the conduct occurred in connection with the individual's performance of duties for or on behalf of the contractor or with the contractor's knowledge, approval, or acquiescence. The contractor's acceptance of the benefits derived from the conduct shall be evidence of such knowledge, approval, or acquiescence.
(ii) The fraudulent, criminal, or other improper conduct of a contractor may be imputed to any officer, director, shareholder, partner, employee, or other individual associated with that contractor who participated in, knew of, or had reason to know of the contractor's conduct.
(iii) The fraudulent, criminal, or other seriously improper conduct of one contractor participating in a joint venture or similar arrangement may be imputed to the other participating contractors if the conduct occurred for or on behalf of the joint venture or other similar arrangement, or with the knowledge, approval, or acquiescence of these contractors. Acceptance of the benefits derived from the conduct shall be evidence of such knowledge, approval, or acquiescence.
(b) Procedure for Initiating Debarment Proceedings
1. An Agency may petition the GTA, requesting debarment proceedings be initiated as to any contractor or potential contractor. Such petition must set forth the facts that form the basis for the agency's belief that debarment is warranted.
2. GTA may, without limitation, independently initiate debarment proceedings as to any contractor or potential contractor. GTA shall reduce to writing the facts that form the basis for its belief that debarment is warranted.
3. Debarment proceedings may be initiated at any time.
4. The purpose of such debarment proceedings shall be to determine whether a contractor should be barred from consideration for the award of any procurement conducted under GTA's authority for a period not to exceed three years.
(c) Suspension Prior to Possible Debarment
1. After consultation with the GTA or agency procurement officer(s), and where practicable, the contractor who is to be suspended, and upon written determination by the Procurement Director that probable cause exists for debarment under these Rules, GTA may suspend a contractor.
2. A notice of suspension including a copy of such determination shall be sent to the suspended contractor. Such notice shall state that:
(i) The suspension is for the period it takes to complete an investigation into possible debarment but not for a period in excess of 120 days.
(ii) Bids or proposals will not be solicited from the suspended contractor, and, if they are received, they will not be considered during the period of suspension; and
(iii) If contractor chooses to contest the suspension, Contractor must file a Protest of the suspension through the GTA Protest Procedure set forth in Rule 665-2-11-.07 within five (5) business days of receipt of the notice of suspension. In conjunction with any such Protest, Contractor may also request a hearing in accordance with Rule 665-2-11-.07.
3. A suspension of a contractor shall be effective for no longer than 120 days, unless debarment proceedings have been initiated by GTA within 120 days from the date of suspension. If proceedings have been initiated within this time frame, then the suspension shall be effective until the conclusion of the debarment proceedings. However, a delay of a debarment proceeding that is caused by a suspended contractor shall be deemed to be consent by that contractor to an extension of the suspension beyond the 120 day maximum. The period of such extension shall be equal to the period of such delay caused by the contractor. When an issue regarding delay is raised by either party, the contractor shall bear the burden of demonstrating that the delay was not caused by the contractor.
4. Protest of Suspension.
(i) Any dispute of a suspension must be made via a Protest filed in strict accordance with the provisions of Rule 665-2-11-.07.
(ii) The protesting party shall have the burden of proving by clear and convincing evidence that there is no rational basis for the suspension.
5. Effect of Decision. A contractor is suspended upon issuance of the notice of suspension. The suspension shall remain in effect during any Protest or appeals. The suspension may be ended by the officer who issued the notice of suspension; by the GTA Executive Director; or by a court of law; but, otherwise shall only be ended when the suspension has been in effect for 120 days (unless a debarment proceeding has been delayed by contractor pursuant to Rule 665-2-11-.13(c)3) or a debarment decision has taken effect.
(d) Debarment Proceedings.
1. Written notice of the proposed debarment action shall be sent by certified mail, return receipt requested, to the contractor. This notice shall state that:
(i) Debarment is being considered;
(ii) The allegations, reasons or factual basis for the proposed debarment action;
(iii) If contractor chooses to contest the proposed debarment, Contractor must file a Protest of the proposed debarment through the GTA Protest Procedure set forth in Rule 665-2-11-.07 within five (5) business days of receipt of the notice of proposed debarment. Such Protest must contain an admission, denial, or other response to each stated allegation, reason or factual basis for the proposed debarment. Any reason or basis not addressed may be deemed admitted. In conjunction with any such Protest, Contractor may also request a hearing in accordance with Rule 665-2-11-.07;
(iv) If the contractor so requests, a hearing will be held; and,
(v) The contractor may be represented by counsel.
2. Authority of Protest Decisionmaker conducting a Debarment Hearing. In addition to those powers set forth in Rule 665-2-11-.07, the Protest Decisionmaker, in the conduct of any debarment hearing, has the power, among others, to:
(i) hold informal conferences to settle, simplify, or fix the issues in a proceeding, or to consider other matters that may aid in the expeditious disposition of the proceeding either by consent of the parties or upon such officer's own motions;
(ii) Require parties to state their positions with respect to the various issues in the proceedings;
(iii) Require parties to produce for examination those relevant witnesses and documents under their control;
(iv) Rule on motions and other procedural items or matters pending before such officer;
(v) Regulate the course of the hearing and the conduct of the participants therein;
(vi) Receive, rule on, exclude, or limit evidence, and limit lines of questioning or testimony which are irrelevant, immaterial, or unduly repetitious;
(vii) Fix time limits for submission of written documents and matters before such officer;
(viii) Impose appropriate sanctions against any party or person failing to obey an order under these procedures, which sanctions may include, but are not limited to:
(I) Refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting that party from introducing designated matters in evidence;
(II) Excluding all testimony of unresponsive or evasive witnesses; and
(III) Expelling any party or person from further participation in the hearing;
(ix) Take official notice of any material fact not appearing in the record if such fact is among the traditional matters of judicial notice;
3. Debarment Hearing Procedures.
(i) Hearings shall be as informal as may be reasonable and appropriate under the circumstances and in accordance with applicable due process requirements. The weight to be attached to evidence presented in any particular form will be within the discretion of the Protest Decisionmaker. Stipulations of fact agreed upon by the parties may be regarded and used as evidence at the hearing. The parties may stipulate the testimony that would be given by a witness if that witness were present. The Protest Decisionmaker may require evidence in addition to that offered by the parties.
(ii) The hearing may be recorded but need not be transcribed except at the request and expense of the contractor. A record of those present, identification of any written evidence, copies of all written statements, and a summary of the hearing shall be sufficient record.
(iii) Opening and/or closing statements may be made unless a party waives this right.
4. At any time before any debarment, the contractor and the petitioning agency (or GTA where it is the initiating entity of the debarment proceedings) may propose a formal or informal disposition agreement relating to the debarment, which if concurred with by GTA, may be grounds for the termination of the debarment action. Such proposed agreements may be conditioned upon the termination of the debarment action.
(e) Debarment Decisions.
1. The petitioning agency (or GTA where it is the initiating entity of the debarment proceedings) shall have the burden of proving by a preponderance of the evidence that there is sufficient reason to debar the contractor.
2. GTA may, in debarring a contractor, disqualify that contractor from: being awarded a procurement; performing as a subcontractor; providing supplies for a procurement; and/or, exercising a renewal option. GTA may impose such sanctions upon the contractor's activities with a single agency or any combination of agencies under GTA's statutory authority, and to a single type of procurement or any combination of procurement types. In determining the scope or period of a contractor's debarment, GTA may impose a time period and such conditions on the contractor's GTA related procurement activities as it considers appropriate, including, but not limited to, monitoring of the contractor's future procurement activities through GTA procurements.
3. A debarment decision shall take effect upon issuance. After the debarment decision takes effect, the contractor shall remain debarred until the debarment period specified in the decision expires or until GTA is provided with information it deems sufficient to indicate that contractor is rehabilitated and is likely to be a responsible bidder in accordance with Rule 665-2-11-.14.
4. At the time of debarment, or at any time thereafter, GTA or any agency may exercise its right to terminate for convenience an existing contract between that agency and the debarred contractor, or may prohibit any modification, extension, or renewal of any such contract. In such case, the contractor shall be entitled to receive and the terminating agency shall be obligated to pay only payment for the work performed until the point of termination.
(f) GTA List of Suspended and Debarred Contractors. A list of contractors currently suspended or debarred, including a summary of the scope of the suspension or debarment, shall be maintained by GTA. This list shall include the following information:
1. the name of the contractor and its principals,
2. the name of the agency that initiated the debarment proceeding,
3. the effective date and scope of the debarment or suspension, and
4. the termination date of the debarment.

Rule 665-2-11-.14 Offeror Rehabilitation

Offerors who have been debarred, may apply for a declaration of rehabilitation where such offeror has taken affirmative actions to remedy the facts or circumstances that lead to the debarment. Applications for a declaration of rehabilitation shall be filed with GTA's Procurement Director in accordance with this Rule. The decision to grant or deny such applications is within the discretion of the Procurement Director, as long as there is a rational basis for the decision. Decisions shall not be arbitrary or capricious.

(a) General Standards.
1. An application for a declaration of rehabilitation may be made by any offeror who has been suspended or debarred by GTA, if such offeror has either declined to protest or exhausted the processes set forth in Rule 665-2-11-.13.
2. A declaration of rehabilitation will not result in the expungement of the existing record documenting the suspension or debarment. A copy of the decision granting the requested declaration or denying the application shall be appended to the appropriate underlying records.
3. In instances where an offeror has been debarred, the restrictions and scope of the debarment decision shall remain in full effect until the debarment time limit has expired, UNLESS the Procurement Director renders a decision granting the application for declaration of rehabilitation effective earlier than the original debarment time limit.
(b) Time for Filing Application for Declaration of Rehabilitation.
1. The submission of an application for a declaration of rehabilitation shall not toll any time limits set forth for filing a Protest. If an offeror or contractor files a Protest, no application for a declaration of rehabilitation may be filed prior to the issuance by GTA of a final decision of the Protest or the withdrawal or abandonment of the Protest.
2. Debarred offerors may not file an application for a declaration of rehabilitation until 12 months have passed from the effective date of the debarment, or until the debarment time limit has expired, whichever is earlier. Furthermore, debarred offerors must wait at least twelve (12) months after a decision by the Procurement Director denying an application for a declaration of rehabilitation or until the expiration of the debarment time limit, whichever is earlier, before submitting another application for rehabilitation, unless the Procurement Director's decision expressly allows otherwise.
(c) Form and Content of Application. To apply for a declaration of rehabilitation, an offeror or contractor must submit a written filing to the Procurement Director in support of such application. The filing in support of the rehabilitation application shall state how the applicant has demonstrated its responsibility for future procurement awards, and shall:
1. demonstrate that the issues leading to the debarment have been remedied by the applicant, and/or
2. to the extent that appropriate remedies or corrective action(s) require the agreement of GTA or a particular procuring agency, set forth the agreement of the applicant to implement such remedies or corrective actions should a declaration of rehabilitation by the Procurement Director so require.
(d) Remedies. Remedies or corrective actions may include, but are not limited to:
1. retaining an auditor, monitor, technical consultant or independent private sector inspector general to review the applicant's business practices, oversee its performance and/or develop specific remedies with respect to the subject matter of the debarment;
2. ownership changes and/or reorganizations of the legal structure of the applicant in a manner that appropriately remedies the issues raised in the debarment;
3. dismissing employees whose actions were the subject matter of the debarment;
4. entering into voluntary agreements with the GTA or other state entity prescribing corrective actions and/or otherwise appropriately remedying the subject matter of the debarment;
5. resolving judicial or administrative proceedings that were the subject matter of the debarment under terms demonstrating that such concerns have been appropriately remedied; or
6. engaging in any other lawful action leading to resolution of the issues that were the subject matter of the debarment, or demonstrating that any negative information that lead to the debarment has been appropriately remedied.
(e) Notice to Agencies. The applicant shall concurrently provide a copy of its application for rehabilitation to the GTA, and to the Contracting Officer (or equivalent or higher position) of any agency that requested debarment proceedings be initiated against the contractor.
(f) GTA Procurement Director Decision. The Procurement Director shall review the application and shall consult with all agencies copied in accordance with subparagraph (e) above, and may consult with any other relevant government agency, prior to making a final decision concerning the application for a declaration of rehabilitation. The Procurement Director may seek additional information from the applicant. Upon review of the application and any subsequent submission by the applicant, the Procurement Director shall issue a decision granting or denying the application for declaration of rehabilitation based upon the adequacy of the remedies or corrective actions identified by the applicant, as well as its overall capacity to be a responsible contractor. The Procurement Director may condition any declaration of rehabilitation upon the applicant's completion of specific additional corrective actions. The Procurement Director's decision granting or denying the application for declaration of rehabilitation shall be final and is not subject to Protest or any other form of administrative review.
(g) Notification of Decision. A copy of the Procurement Director's decision granting or denying the application for declaration of rehabilitation shall be sent to the contractor and to the contracting officer of any agency that requested that debarment proceedings be initiated against such contractor.

Rule 665-2-11-.15 Vendor Lobbyists

All contractors who employ or retain one or more vendor lobbyists that actually lobby GTA or any other Agency for contracts shall cause such lobbyists to register with the State Ethics Commission and to file the disclosures required by Article 4 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated. The GTA Executive Director is authorized to create policies and processes to verify that offerors or prospective offerors comply with this Rule and to effectuate any executive orders or statutes now or hereafter created in regards to Vendor Lobbyists.