Title of Regulation: 24VAC30-340. Debarment or Suspension of Contractors (repealing 24VAC30-340-10).

Statutory Authority: § 33.2-210 of the Code of Virginia.

Effective Date: October 14, 2021.

Agency Contact: JoAnne P. Maxwell, Agency Regulatory Coordinator, Governance and Legislative Affairs Division, Virginia Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, telephone (804) 786-1830, FAX (804) 225-4700, or email joanne.maxwell@vdot.virginia.gov.

Background: The Commonwealth Transportation Board (CTB) adopted a policy describing the procedures and criteria it uses in considering the debarment of contractors in 1981. That policy, as revised in 1983, is incorporated by reference as the current regulation. However, in 1982, the General Assembly enacted the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia), which provides that a state agency designated by the Governor may adopt procedures for the debarment of contractors. In 2001, the Department of General Services (DGS) was directed by Governor's executive order to adopt procedures for the debarment of contractors to be used by state agencies, which DGS has since adopted. Section 2.2-4321 of the Code of Virginia authorizes the debarment of contractors pursuant to procedures established in writing by DGS. The CTB believes it can achieve the same purpose of the regulation through adoption of its policy as a guidance document or by following the DGS procedures for debarment, making the regulation redundant and unnecessary.

Summary:

The amendments repeal Debarment or Suspension of Contractors (24VAC30-340).