Section 858.13 - Evidence for DebarmentIn 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.40 Tex. Admin. Code § 858.13
Adopted by Texas Register, Volume 40, Number 24, June 12, 2015, TexReg 3640, eff. 6/17/2015; duplicated effective September 1, 2016, as published in the Texas Register September 2, 2016, 41 TexReg 6773; Amended by Texas Register, Volume 45, Number 27, July 3, 2020, TexReg 4534, eff. 7/6/2020