| (a) Contractors, respondents, and vendors interested
in working with HHS are required to implement standards of conduct
for their own personnel and agents on terms at least as restrictive
as those applicable to HHS. These standards must adhere to ethics
requirements adopted in rule, in addition to any ethics policy, or
code of ethics approved by the HHSC Executive Commissioner. A respondent
must sign and submit all ethics, disclosure, confidentiality, and
other forms required under the procurement and any resulting contract.
HHS may examine a respondent's standards of conduct in the evaluation
of a bid, offer, proposal, quote, or other applicable expression of
interest in a proposed purchase of goods or services.
(b) Any potential contractor or respondent may not
offer, give, or agree to give any procurement personnel any benefit.
(c) No potential contractor or respondent, or agent
of a potential contractor or respondent, may, in connection with the
development of a contract or procurement, directly contact an HHS
employee, unless that HHS employee is the designated point of contact
for that contract or procurement.
(d) Every respondent must disclose potential or actual
conflicts of interest with HHS.
(e) As a condition of contracting with HHS, any vendor
or contractor, must:
(1) cooperate with any audit conducted by the state
auditor; and
(2) cooperate with any audit conducted by HHSC or any
entity designated by HHSC, including the Office of Inspector General.
(f) Any vendor that violates a provision of this subchapter
may be barred from receiving future contracts or may have an existing
contract cancelled. Additionally, HHSC may report the vendor's actions
to the Comptroller for statewide debarment, or law enforcement.
(g) A statement describing the standards of conduct
for respondents shall be included in every solicitation.
(h) The responsibilities and restrictions for respondents
and contractors described in this section apply to subcontractors.
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