Specifications include, but are not limited to: This research aims to produce a report that provides practical advice and guidance for public highway and transit agencies and their attorneys to develop, improve, and implement debarment and suspension programs for contractors to protect public funds. This study seeks to provide guidance to state and local governments that do not have an existing robust suspension and debarment program for contractors. The research for this project should: Identify states with existing suspension and debarment programs for contractors, including the legal method used to authorize that program, such as state statute, regulation, and guidance, and which states have adopted programs parallel with federal suspension and debarment regulations. Identify states without an existing suspension and debarment program for contractors, along with any explanations as to why no program exists. Examine the extent to which state debarment and suspensions of contractors apply to local government highway and transit agencies and how local governments are bound by or may create exceptions to state determinations using local funds only or other mechanisms. Identify barriers to creating a suspension and debarment program for contractors, including any constitutional issues. Evaluate the implementation approaches to existing suspension and debarment programs of contractors, including the offices tasked with suspension and debarment implementation and the levels of staffing for such programs, and develop steps for implementing a suspension and debarment program for contractors. The final deliverable from this project should include: Common attributes. Present considerations common across existing state suspension and debarment programs for contractors. For example: (1) are state programs similar to or different from current or past federal suspension and debarment regulations, (2) which official or office makes decisions regarding the suspension and debarment of contractors, (3) what levels of due process are provided to entities and individuals, and (4) what factors are relevant to suspension and debarment determination. Remedies. Explain the remedies authorized under state suspension and debarment programs for contractors, including but not limited to any allowed actions, such as exclusions from contracting opportunities, financial compensation, and compliance monitoring. Present the minimum, maximum, and routine length of exclusion for contractors under suspension and debarment. Detail the role of written submissions, meetings with suspension and debarment officials, and hearings. Appeals. Explain how appeals of decisions are made and identify the reviewing authorities, whether administrative or judicial. Best practices. Identify and document best practices in existing state and local-level suspension and debarment programs for contractors. Model program. Provide recommendations to improve existing state and local suspension and debarment programs and outline a model uniform state suspension and debarment program for contractors.
