Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 858 - PROCUREMENT AND CONTRACT MANAGEMENT REQUIREMENTS FOR PURCHASE OF GOODS AND SERVICES FOR VOCATIONAL REHABILITATION SERVICES › Subchapter D - VOCATIONAL REHABILITATION SERVICES CONTRACT MANAGEMENT REQUIREMENT › Section 858.13 - Evidence for Debarment

Current through Reg. 49, No. 28; July 12, 2024
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.