40 Tex. Admin. Code § 858.10 - Debarment and Suspension of Contractors

(a) Debarment and suspension apply to contracts.

(b) Debarment shall be imposed for a period commensurate with the seriousness of the cause(s). Generally, debarment should not exceed three years, except for violations of 41 USC Chapter 81 Drug Free Workplace. If a suspension precedes a debarment, the suspension period shall be considered in determining the debarment period. The Agency may extend the debarment for an additional period, if the Agency determines that an extension is necessary to protect the Agency's interest. However, a debarment may not be extended solely upon the facts and circumstances upon which the initial debarment action was based. If debarment for an additional period is determined to be necessary, the same procedures to impose an initial debarment shall be followed to extend the debarment.

(c) A suspension is in effect until an investigation, hearing or trial is concluded and the Agency determines the contractor's future ability to contract or subcontract with the Agency.

(d) The Agency may suspend a contractor's contract if the Agency suspects that grounds may exist for debarment.

(e) For purposes of both debarment and suspension of a contract, the Agency may impute the conduct of an individual even though the underlying conduct may have occurred while the respondent was not associated with the contractor.

Notes

40 Tex. Admin. Code § 858.10

Adopted by Texas Register, Volume 40, Number 24, June 12, 2015, TexReg 3640, eff. 6/17/2015; duplicated effective September 1, 2016, as published in the Texas Register September 2, 2016, 41 TexReg 6773; Amended by Texas Register, Volume 45, Number 27, July 3, 2020, TexReg 4534, eff. 7/6/2020