DEBARMENT & ENJOINMENT
Contractors who either do not meet their obligations or have other performance or non-performance issues may be suspended or disqualified from contracting with the Commonwealth through enjoinment or debarment. 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 to debar or enjoin a company applies to use of that company by any Commonwealth agency.
Companies that have been debarred and/or enjoined by the Commonwealth are identified on the eVA Inactive Vendor List. After accessing this eVA webpage, select (1) eVA Status, then (2) select "Debarred" or "Enjoined" from the reasons listed to filter the eVA Inactive Vendor List for these two specific categories:
To enjoin is to impose bidding restrictions on a contractor when the contractor fails to fulfill its obligations. Enjoinment is used for issues that can be corrected. A contractor may be 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. Corrective action may result in reinstatement. Consult the procedures for additional information on enjoinment.
To debar is to disqualify an individual or firm (or any successor company) from contracting with the Commonwealth. A contractor may be 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.
Submitting a 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 must state:
- That a request for either debarment or enjoinment is being submitted
- The agency or institution of the Commonwealth involved in the dispute
- The contract number and other identification of the contract
- The basis for the debarment or enjoinment action
- The relief sought
Submit the request to:
Via mail or hand delivery to:
Director, Division of Engineering and Buildings
1100 Bank Street, Suite 600
Richmond, VA 23219
*If submitting via e-mail or fax, it will only be considered as valid if the message is acknowledged by the recipient