Washington Administrative Code › Title 200 - Enterprise Services, Department of › CONTRACTS AND SUPPLY CHAIN MANAGEMENT › Purchased Goods and Services › Chapter 200-305 - Debarment procedures › Section 200-305-030 - Aggravating and mitigating factors

Current through Register Vol. 24-14, July 15, 2024
The following are the mitigating and aggravating factors
					 that the investigating official and debarring official may consider in
					 determining whether to debar and the length of the debarment period, or to fine
					 in lieu of debarment.
(1) The actual
				  or potential harm or impact that resulted or may result from the
				  wrongdoing.
(2) The frequency of
				  incidents and/or duration of the wrongdoing.
(3) Whether there is a pattern or prior
				  history of wrongdoing.
(4) Whether
				  the contractor or affiliate has been excluded or disqualified by an agency of
				  the federal government or has not been allowed to participate in state or local
				  contracts or assistance agreements on a basis of conduct similar to one or more
				  of the causes for debarment specified in this rule.
(5) Whether the contractor or affiliate has
				  entered into an administrative agreement with a federal agency or a state or
				  local government that is not government-wide but is based on conduct similar to
				  one or more of the causes for debarment specified in this rule.
(6) Whether the contractor or affiliate has
				  accepted responsibility for the wrongdoing and recognizes the seriousness of
				  the misconduct that led to the cause for debarment.
(7) Whether the contractor or affiliate has
				  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
				  contractor or affiliate has cooperated fully with the government agencies
				  during the investigation and any court or administrative action. In determining
				  the extent of cooperation, the investigating official or debarring official may
				  consider when the cooperation began and whether the contractor or affiliate
				  disclosed all known pertinent information.
(9) The kind of positions held by the
				  individuals involved in the wrongdoing.
(10) Whether the contractor or affiliate took
				  appropriate corrective action or remedial measures, such as establishing ethics
				  training and implementing programs to prevent recurrence.
(11) Whether the contractor or affiliate
				  brought the activity cited as a basis for the debarment to the attention of the
				  appropriate government agency in a timely manner.
(12) Whether the contractor or affiliate has
				  fully investigated the circumstances surrounding the cause for debarment and,
				  if so, made the result of the investigation available to the investigating
				  official or debarring official.
(13) Whether the contractor or affiliate had
				  effective standards of conduct and internal control systems in place at the
				  time the wrongdoing occurred.
(14)
				  Whether the contractor or affiliate has taken appropriate disciplinary action
				  against the individuals responsible for the activity that constitutes the cause
				  for debarment.
(15) Other factors
				  appropriate to the circumstances of a particular case.
Statutory Authority:
						RCW
						   39.26.200 and
						43.19.011. 13-09-069, §
						200-305-030, filed 4/17/13, effective
						5/18/13.