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1. Causes for Debarment
 
 
 

1. Causes for Debarment

The debarring official can debar an individual or vendor without judicial determination for any of these reasons:

  • a. Breach (including anticipatory breach) of contract with an institution.
  • b. Sale or attempted sale to an institution of items or services which are required to be purchased under another contract, when the vendor knew or had reason to know that the items or services are required to be purchased under that contract.
  • c. Statement of 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 debarment.
  • d. Falsifying or misrepresentation of manufacturer's specifications in order to appear responsive to a solicitation.
  • e. Conferring or offering to confer any gift, gratuity, favor, or advantage, present or future, upon any employee of an institution who exercises any "official responsibility" for a "procurement transaction" as those terms are defined in the Code of Virginia, Section 11-73. It is not necessary that the employee accept the offer, or that the offer be made with intent to influence the employee in an official act. Offers of any discounts or privileges not available to all State employees is considered to be offering an advantage.
  • f. Failure to disclose a condition constituting a conflict of interest by any officer, director, owner, or partner of the vendor awarded the contract or purchase order.
  • g. Any cause indicating that the individual or vendor is not a responsible vendor.
  • h. A determination by the institution that a vendor has used abusive or obscene language or behaved in a threatening manner toward institutional personnel.
  • i. Sale, under non-emergency conditions, of building materials, supplies, or equipment for any building or structure constructed by or for the institution by an independent vendor 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, Section 2.1-639.2 and Section 11-79).
  • j. Sale of goods or services to the institution when such sale is prohibited by any debarment then in effect.
  • k. Conviction of any criminal offense involving public contracting. Examples include, but are not limited to, bribery (Code of Virginia, Section 18.2-447) and knowingly making a false statement in regard to collusion on a solicitation (Code of Virginia, Section 18.2-498.4). Conviction for any of the above of any officer, director, owner, partner, agent, or related business entity of a vendor constitutes grounds for the removal of the vendor.
  • l. Court judgment finding a violation of either Federal or State antitrust laws.
  • m. Conviction of any offenses indicating a lack of moral or business integrity.
  • n. Any other activity which is so serious as to justify debarment.

If the debarring official finds that the cause for debarment reflects on the vendor'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 applies to all goods and services within the purview of the debarring institution.