| (a) The Agency may debar a contractor for reasons including
the following:
(1) Being adjudicated as guilty, pleading guilty, pleading
nolo contendere, or receiving a deferred adjudication in a criminal
court relating to:
(A) Obtaining, attempting to obtain, or performing
a public or private contract or subcontract;
(B) Engaging in embezzlement, theft, forgery, bribery,
falsification or destruction of records, fraud, receipt of stolen
property, making false statements or claims, tax evasion, or any other
offense indicating moral turpitude or a lack of business integrity
or honesty;
(C) Use or possession of controlled or illegal substances,
or other drug-related offense;
(D) Violating federal antitrust statutes arising from
submitting bids or proposals;
(E) Committing an offense involving physical or sexual
abuse or neglect; or
(F) Committing an offense involving the direct support
or promotion of human trafficking;
(2) Being debarred from contracting by any unit of
the federal or state government;
(3) Violating Agency contract provisions, including
failing to perform according to the terms, conditions, and specifications,
or within the time specified, in an Agency contract, including, but
not limited to, the following:
(A) Failing to abide by applicable federal and state
statutes, rules, regulations, policies, and procedures, such as those
regarding individuals with disabilities and those regarding civil
rights;
(B) Having a record of failure to perform or of unsatisfactory
performance according to the terms of one or more contracts or subcontracts,
if that failure or unsatisfactory performance has occurred within
five years preceding the determination to debar. Failure to perform
and unsatisfactory performance include, but are not limited to, the
following:
(i) Failing to correct contract performance deficiencies
after receiving written notice about them from the Agency or its authorized
agents;
(ii) Failing to repay or make and complete arrangements
satisfactory to the Agency to repay identified overpayments or other
erroneous payments, or assessed liquidated damages or penalties;
(iii) Failing to meet standards that are required for
licensure or certification, or that are required by state or federal
law, Agency rules, or Agency policy concerning contractors;
(iv) Failing to execute contract amendments required
by the Agency;
(v) Billing for services or goods not provided to the
customer;
(vi) Submitting a false report or misrepresentation
that, if used, may increase individual or statewide rates or fees;
(vii) Charging customers fees contrary to Agency rules
or policy;
(viii) Failing to notify and reimburse the Agency or
its agents for services that the Agency paid for when the contractor
received reimbursement from a liable third party;
(ix) Failing to disclose or make available, upon demand,
to the Agency or its representatives (including appropriate federal
and state agencies) records that the contractor is required to maintain;
(x) Failing to provide and maintain services within
standards required by statute, regulations, or contract; or
(xi) Violating the Texas Human Resources, Government,
or Labor Code provisions applicable to the contractor or any rule
or regulation issued under the referenced Codes;
(4) Submitting an offer, bid, proposal, or application
that contains a false statement or misrepresentation or omits pertinent
facts or documents that are material to the procurement;
(5) Engaging in an abusive or neglectful practice that
results in or could result in death or injury to the customer served
by the contractor;
(6) Knowingly and willfully using a debarred individual
as an employee, independent contractor, or agent associated with any
service provided in performance of a contract with the Agency;
(7) Failure to pay a substantial debt or debts, including
disallowed costs and overpayments, owed to any federal or state agency
instrumentality, provided the debt is uncontested by the debtor or,
if contested, provided that the debtor's legal and administrative
remedies have been exhausted; or
(8) Any other cause of a serious or compelling nature
that affects a contractor's present or future ability to perform under
the contract or that presents an imminent risk of harm to or liability
for the Agency.
(b) In accordance with terms specified by the Agency,
an individual that has been debarred may not:
(1) receive a contract;
(2) be allowed to retain a contract that has been awarded
before debarment;
(3) participate as a vendor in Agency programs that
do not require the individual to sign a contract or agreement;
(4) provide goods or services to Agency customers either
directly or indirectly while working for an Agency contractor; or
(5) either directly or through an intermediary, bill
to or receive payment from the Agency for any services or supplies
provided by the debarred individual on or after the effective date
of the debarment. The Agency will not pay for any services ordered,
prescribed, or delivered by the debarred individual to Agency customers
after the date of debarment. No costs associated with a debarred individual,
including the salary, fringe benefits, overhead, payments to, or any
other costs associated with an individual who was debarred may be
included in an Agency cost report or any other document that will
be used to determine an individual payment rate, a statewide payment
rate, or a fee. Nothing in this provision shall be construed in a
manner that would prevent a debarred individual, who is also a VR
customer, from receiving VR services as a VR customer.
(c) A single occurrence of a violation may result in
debarment or suspension.
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