Suspension, Debarment, and Disqualification of Highway Construction Contractors

State highway departments and transportation agencies have a continuing need to keep abreast of operating practices and legal elements of specific problems in highway law. This paper continues NCHRP's policy of keeping departments up to date on all aspects of highway construction law. It will be published in Selected Studies in Highway Law, Volume 3, Chapter VI, Highway Contract Law, in an addendum to be published in the near future. The contents are as follows: (I) Introduction; (II) Background; (III) Legal Concerns That Are Present in Suspension, Debarment, or Disqualification Processes; (IV) Due Process Requirements -- Federal and State; (V) Situations Where Responsibility Determinations May in Effect Be a Suspension or Debarment of a Contractor; (VI) Suspension, Debarment or Disqualification Statutes, Rules and Regulations at the Federal and State Levels; (VII) Practical and Legal Concerns in Implementing or Administering a Suspension, Debarment or Disqualification Process; (VIII) Practical Effects and Legal Considerations Relative to the Suspension, Debarment, or Disqualification Process; (IX) Global or Universal Settlements for Contractor or Subcontractor Misconduct; (X) Possible Personal Exposure of Public Officials Who Are Involved in the Suspension, Debarment, or Disqualification Process and What They Should Be Aware of; (XI) Recommendations on Suspension, Debarment, or Disqualification Processes; and (XII) Conclusion.