Debarment and Enjoinment for Construction
Code of Virginia § 2.2-4321 allows for contractors to be debarred from construction contracts with the Commonwealth. A contractor may be debarred or enjoined only under the circumstances and by the procedures outlined in the DGS Debarment and Enjoinment Procedures for Construction. Action taken by DGS applies to all Commonwealth agencies. Please review the procedures to learn more about this process.
DGS Debarment and Enjoinment Procedures for Construction (Updated: June, 2016)
Division of Purchases & Supply Debarment List & Prohibited List - lists all companies that have been debarred by the Commonwealth under the CPSM and the APSPM.
Overview Presentation of the Procedures
Enjoin is to impose bidding restrictions on a contractor. A contractor maybe enjoined for the following reasons:
- Failure to meet SWaM requirements
- Unwillingness or inability to fulfill a contract
- Failure to comply with the CPSM and General Conditions
The punishment for enjoinment will be the prohibition of bidding on Commonwealth construction contracts for a period not to exceed one year. Consult the procedures for additional information on enjoinment.
Debar is to disqualify a contractor from contracting with the Commonwealth. A contractor maybe debarred for the following performance and non-performance related causes:
- Breach of contract
- Unwillingness or inability to honor a binding bid
- Falsifying or misrepresenting manufacturer’s specifications
- Use of abusive or obscene language or a threatening manner toward Commonwealth personnel
- Involvement in any criminal offense related to public contracting
- Any offenses indicating a lack of moral, ethical, or business integrity
- Giving or offering any gift, favor, or advantage to any employee of a state agency
- Failing to disclose a conflict of interest
- And other reasons as explained in the procedures
The debarment is for a period from 90 days up to three years. Consult the procedures for additional information on debarment.
How to Submit a Debarment or Enjoinment Request
Debarment and enjoinment can be initiated by appropriate agency personnel making a request to the Director of the Division of Engineering and Buildings.
A request for debarment or enjoinment must be in writing and state:
(a) That a request for either debarment or enjoinment is being submitted
(b) The agency or institution of the Commonwealth involved in the dispute
(c) The contract number and other identification of the contract
(e) The basis for the debarment or enjoinment action
(f) The relief sought
The request must be submitted to:
(a) Via mail or hand delivery:
Director, Division of Engineering and Buildings
1100 Bank Street, Suite 506
Richmond, VA 23219
A request may be sent via e-mail or facsimile, but it will only be considered as a valid method for submitting a request if the message is acknowledged by the recipient.
(b) Via email:
(c) Via facsimile:
Consult the procedures for additional information on process and appeals.