Section 10. Debarment or suspension of contractors (filed by description with the Registrar of Regulations)

Description: This regulation sets forth the policy, criteria, and procedures the Commonwealth Transportation Board (CTB) will use in making decisions to debar, suspend, or reinstate a contractor seeking to bid on public contracts it awards. The CTB, under authority granted it by § 33.2-209 and 33.2-215 of the Code of Virginia, has established other rules concerning the establishment of proof of competency and responsibility of those wishing to submit bids pursuant to Chapter 43 (§ 2.2-4300 et seq.) of Title 2.2 of the Code of Virginia, known as the Virginia Public Procurement Act, which public bodies must follow in awarding public contracts. Should these rules be violated, this regulation permits the CTB to take remedial action.

The regulation specifies the types of activities or omissions of actions which it will consider in making decisions to debar, suspend, or reinstate contractors, including limitations, where applicable, on the length of such sanctions. The regulation also includes a means whereby contractors may appeal a decision before the Commissioner of Highways.

Document available for inspection at the following location:

Virginia Department of Transportation

Construction Division

1401 E. Broad St., 12th Floor

Richmond, VA 23219

Historical Notes

Derived from- VR385-01-67, eff. August 10, 1994; amended, Volume 13, Issue 23, eff. July 15, 1997; Volume 28, Issue 04, eff. November 23, 2011.

Statutory Authority

§ 33.2-210 of the Code of Virginia.