26 Tex. Admin. Code § 286.3 - Causes for and Conditions of Suspension
(a)
Causes for suspension. TDMHMR may place a contractor or potential contractor's
contractual rights in suspension whenever TDMHMR finds that there is a
reasonable basis to believe that grounds for debarment as specified in §
406.64 of this title (relating to Conditions for and Conditions of Debarment)
exists. Suspension may be imposed immediately following TDMHMR's notification
to a contractor or potential contractor. In addition, suspension may be imposed
on a potential contractor or subcontractor if he has an outstanding indictment
or the department has information about an offense that is grounds for
debarment.
(b) Conditions of
suspension.
(1) TDMHMR may withhold payments,
in whole or in part, to the affected contractor during the period of
suspension.
(2) TDMHMR may refuse
to accept a bid, offer, application, or proposal from, or to award a contract
to, the affected potential contractor during the period of
suspension.
(3) TDMHMR may cease
referrals of additional consumers to the suspended entity.
(4) If TDMHMR determines that the underlying
reasons for the suspension have been resolved in favor of the contractor,
TDMHMR must, if applicable:
(A) pay the
withheld payments for any services that may have been provided during the
suspension and which meet the terms of an existing contract; and
(B) resume contract payments.
(5) If TDMHMR determines that
underlying reasons for the suspension have not been resolved in favor of the
contractor, TDMHMR will institute debarment proceedings.
(6) Individuals and entities whose
contractual rights have been placed in suspension may not:
(A) receive a contract; or
(B) submit an offer, bid, application or
proposal for a contract.
(c) Entities that may be suspended. A
suspension may be applied against an individual, an entire legal entity, or a
specified part of a legal entity.
Notes
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