| (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.
|
| Source Note: The provisions of this §858.10 adopted to be effective June 17, 2015, 40 TexReg 3638; duplicated effective September 1, 2016, as published in the Texas Register September 2, 2016, 41 TexReg 6773; amended to be effective July 6, 2020, 45 TexReg 4532 |
