\t\r\n\t\t\t\t\t","hadText":true}Sec.\u00A02155.077.\u00A0\u00A0BARRING VENDOR FROM PARTICIPATION IN STATE CONTRACTS. (a) The comptroller may bar a vendor from participating in state contracts that are subject to this subtitle, including contracts for which purchasing authority is delegated to a state agency, for:
(1)\u00A0\u00A0substandard performance under a contract with the state or a state agency;
(2)\u00A0\u00A0material misrepresentations in a bid or proposal to the state or a state agency or during the course of performing a contract with the state or a state agency;
(3)\u00A0\u00A0fraud;
(4)\u00A0\u00A0breaching a contract with the state or a state agency; or
(5)\u00A0\u00A0repeated unfavorable performance reviews under Section 2155.089 or repeated unfavorable classifications received by the vendor under Section 2262.055 after considering the following factors:
(A)\u00A0\u00A0the severity of the substandard performance by the vendor;
(B)\u00A0\u00A0the impact to the state of the substandard performance;
(C)\u00A0\u00A0any recommendations by a contracting state agency that provides an unfavorable performance review;
(D)\u00A0\u00A0whether debarment of the vendor is in the best interest of the state; and
(E)\u00A0\u00A0any other factor that the comptroller considers relevant, as specified by comptroller rule.
(a-1)\u00A0\u00A0The comptroller shall bar a vendor from participating in state contracts that are subject to this subtitle, including contracts for which purchasing authority is delegated to a state agency, if the vendor has been:
(1)\u00A0\u00A0convicted of violating a federal law in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005;
(2)\u00A0\u00A0assessed a penalty in a federal civil or administrative enforcement action in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005; or
(3)\u00A0\u00A0convicted of any offense related to the direct support or promotion of human trafficking.
(a-2)\u00A0\u00A0The comptroller may bar a vendor from participating in state contracts that are subject to this subtitle, including contracts for which purchasing authority is delegated to a state agency, if more than two contracts between the vendor and the state have been terminated by the state for unsatisfactory vendor performance during the preceding three years.
(b)\u00A0\u00A0Except as provided by Subsection (d), the comptroller shall bar a vendor from participating in state contracts under Subsection (a) or (a-2) for a period that is commensurate with the seriousness of the vendor's action and the damage to the state's interests.
(c)\u00A0\u00A0The comptroller by rule shall:
(1)\u00A0\u00A0state generally the reasons for which a vendor may be barred from participating in state contracts and the periods for which the vendor may be barred; and
(2)\u00A0\u00A0prescribe the procedures under which the comptroller will determine whether and for how long a vendor will be barred.
(d)\u00A0\u00A0The comptroller shall bar a vendor from participating in state contracts under Subsection (a-1) for a period of five years from the date the vendor was convicted or the penalty was assessed.
(e)\u00A0\u00A0In this section:
(1)\u00A0\u00A0\"Disaster\" has the meaning assigned by Section 418.004.
(2)\u00A0\u00A0\"Hurricane Katrina\" means the hurricane of that name that struck the gulf coast region of the United States in August 2005.
\r\nAdded by Acts 1997, 75th Leg., ch. 1206, Sec. 6, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1302 (S.B. 608), Sec. 2, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 326 (S.B. 20), Sec. 11, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 413 (S.B. 20), Sec. 6.02, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 16, eff. September 1, 2019.
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