Information Concerning Debarred Vendors
Please check the List of Debarred Vendors maintained by the Division of Purchases and Supply in Richmond.
The following information is taken from the Commonwealth of Virginia Vendor's Manual, § 7.20
Debarment as used in this section means action taken by the Director of the Division of Purchases and Supply (DPS) to exclude individuals or firms from contracting with state agencies for particular types of goods or nonprofessional services for specified periods of time. Debarment does not relieve the contractor of responsibility for existing obligations.
The purpose of debarment is to protect the Commonwealth from risks associated with awarding contracts to persons or firms having exhibited an inability or unwillingness to fulfill contractual requirements, and to protect state interests and the integrity of the state's procurement process by preventing individuals or firms who have displayed improper conduct from participating on Commonwealth requirements for specific periods of time.
Causes for Debarment. An individual or firm may be debarred for any of the following reasons:
- Breach (including anticipatory breach) of contract with a state agency. For default action see 7.14.
- Sale or attempted sale to a state agency of items or services which are required to be purchased under a state contract with another vendor, when the vendor knew or had reason to know that the items or services are required to be purchased under that contract.
- Stating an unwillingness or inability to honor a binding bid. A mere request to withdraw a bid, which does not otherwise state an unwillingness or inability to perform, is not a cause for.7-6 debarment.
- Falsifying or misrepresenting manufacturer's specifications in order to appear responsive to a solicitation.
- Conferring or offering to confer any gift, gratuity, favor, or advantage, present or future, upon any employee of a state agency who exercises any "official responsibility" for a "procurement transaction" as those terms are defined in the Code of Virginia, § 11-73. It is not necessary that the offer be accepted by the employee, or that the offer be made with intent to influence the employee in an official act. Extending to any state employee exercising official responsibility for a procurement transaction any discount or privilege not available to all state employees is considered to be offering an advantage.
- Failing to disclose a condition constituting a conflict of interest by any officer, director, owner, or partner of the vendor in a contract or purchase order awarded by DPS or any other agency of the state (Code of Virginia, § 2.1-639.6).
- Any cause indicating that the individual or firm is not a responsible vendor.
- A determination by the Director of DPS that a vendor has used abusive or obscene language or a threatening manner toward state purchasing personnel during the performance of their duties or as a result of the performance of their duties.
- Sale, under nonemergency conditions, of building materials, supplies, or equipment for any building or structure constructed by or for the Commonwealth by an independent contractor employed to furnish architectural or engineering services, but not construction for such building or structure or from any partnership, association or corporation in which such architect or engineer has a personal interest (Code of Virginia, § 2.1-639.2 and § 11-79).
- Sale, under nonemergency conditions, of building materials, supplies or equipment for any building or structure constructed by or for the Commonwealth by any person who has provided or is currently providing design services specifying a sole source for such materials, supplies or equipment to be used in such building or structure to the independent contractor employed by the Commonwealth to furnish architectural or engineering services in which such person has a personal interest as defined in Code of Virginia, § 2.1-639.2.
- Sale of goods or services to the Commonwealth when such sale is prohibited by any debarment then in effect.
- Consent of the firm or individual being debarred.
- Conviction of any criminal offense involving public contracting. Examples include, but are not limited to, bribery (Code of Virginia, § 18.2-447) and knowingly making a false statement in regard to collusion on a solicitation (Code of Virginia, § 18.2-498.4). Conviction for any of the above of any officer, director, owner, partner, agent, or related business entity of a vendor shall constitute grounds for the removal of the vendor.
- Court judgment finding a violation of either federal or state antitrust laws.
- Conviction of any offenses indicating a lack of moral or business integrity.
- Failure to pay reprocurement costs pursuant to a contract termination for default.
It is not necessary that there be a judicial determination of violations contained in subparagraphs 1. through 12. and 16. for debarment to occur.
If the debarring official finds that the cause for debarment reflects on the contractor's traits or tendencies only with regard to certain goods or services, the debarment may apply only to such goods or services. Otherwise the debarment shall apply to all goods and services within the purview of the debarring agency (DPS).