In making a debarment decision, the Agency may consider the
following factors:
(1) The actual or potential harm or impact that results
or may result from the wrongdoing.
(2) The frequency of incidents and/or duration of the
wrongdoing.
(3) Whether there is a pattern or history of wrongdoing.
(4) Whether an individual is or has been disqualified
by an agency of the federal government or has not been allowed to
participate in state or local contracts or assistance agreements based
on conduct similar to one or more of the causes for debarment specified
in this part.
(5) Whether and to what extent the individual planned,
initiated, or carried out the wrongdoing.
(6) Whether the individual accepted responsibility
for the wrongdoing and recognized the seriousness of the misconduct
that led to the cause for debarment.
(7) Whether the individual paid or agreed to pay all
criminal, civil, and administrative liabilities for the improper activity,
including any investigative or administrative costs incurred by the
government, and has made or agreed to make full restitution.
(8) Whether the individual cooperated fully with the
government agencies during the investigation and with any court or
administrative action. In determining the extent of cooperation, the
Agency may consider when the cooperation began and whether the individual
disclosed all pertinent information known to the individual.
(9) Whether the wrongdoing was pervasive within the
individual's organization.
(10) The types of positions held by the individuals
involved in the wrongdoing.
(11) Whether the individual's organization took appropriate
corrective action or remedial measures.
(12) Whether the individual's principals tolerated
the offense.
(13) Whether the individual brought the activity cited
as a basis for the debarment to the attention of the appropriate Agency
representative in a timely manner.
(14) Whether the individual fully investigated the
circumstances surrounding the cause for debarment and, if so, made
the result of the investigation available to the Agency.
(15) Whether the individual had effective standards
of conduct and internal control systems in place at the time the questioned
conduct occurred.
(16) Whether the individual took appropriate disciplinary
action against the individuals responsible for the activity that constitutes
the cause for debarment.
(17) Whether the individual had adequate time to eliminate
the circumstances within the individual's organization that led to
the cause for the debarment.
(18) Other factors related to the contractor's required
performance under the contract that the Agency determines are appropriate
to the circumstances of a particular case.
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| Source Note: The provisions of this §858.13 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 |
