The sufficiency of evidence required depends on the cause of
the suspension or debarment.
(1) If there is evidence that the contractor or potential
contractor has been found guilty, pleaded guilty, pleaded no contest,
or received a deferred adjudication in criminal court relating to
an activity prohibited in this chapter, that is sufficient evidence
to suspend or debar. If the decision that caused debarment is reversed
on appeal, the contractor must provide written proof of the reversal
to have its contract rights restored. DARS or HHSC restores contract
rights unless the contractor is also debarred or suspended on other
grounds.
(2) If the cause is debarment from contracting by any
unit of the federal government or any unit of a state government,
it is sufficient to offer official notice from the other state or
federal agency that the entity has been debarred. The notice may be
addressed to either DARS or HHSC.
(3) Other causes of debarment or suspension may be
established by evidence of failure to meet contracting terms or standards,
including evidence of the severity or recurrence of violations of
performance requirements.
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