Tex. Gov't Code Section 2155.077
Barring 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)

substandard performance under a contract with the state or a state agency;

(2)

material 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)

fraud;

(4)

breaching a contract with the state or a state agency; or

(5)

repeated unfavorable performance reviews under Section 2155.089 (Reporting Vendor Performance) or repeated unfavorable classifications received by the vendor under Section 2262.055 (Vendor Performance Tracking System) after considering the following factors:

(A)

the severity of the substandard performance by the vendor;

(B)

the impact to the state of the substandard performance;

(C)

any recommendations by a contracting state agency that provides an unfavorable performance review;

(D)

whether debarment of the vendor is in the best interest of the state; and

(E)

any other factor that the comptroller considers relevant, as specified by comptroller rule.

(a-1)

The 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)

convicted 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)

assessed 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)

convicted of any offense related to the direct support or promotion of human trafficking.

(a-2)

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, 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)

Except 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)

The comptroller by rule shall:

(1)

state 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)

prescribe the procedures under which the comptroller will determine whether and for how long a vendor will be barred.

(d)

The 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)

In this section:

(1)

“Disaster” has the meaning assigned by Section 418.004 (Definitions).

(2)

“Hurricane Katrina” means the hurricane of that name that struck the gulf coast region of the United States in August 2005.
Added 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.

Source: Section 2155.077 — Barring Vendor from Participation in State Contracts, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­2155.­htm#2155.­077 (accessed Mar. 23, 2024).

2155.001
Definitions
2155.002
Focus on Large Expenditures
2155.003
Conflict of Interest
2155.004
Certain Bids and Contracts Prohibited
2155.005
Compliance with Antitrust Laws
2155.006
Prohibition on Certain Bids and Contracts
2155.007
Procurement Coordination Committee
2155.0011
Comptroller Powers and Duties
2155.0012
Authority to Adopt Rules
2155.0061
Prohibition on Certain Bids and Contracts Related to Persons Involved in Human Trafficking
2155.061
Comptroller Purchasing System
2155.062
Purchase Methods
2155.063
Competitive Bidding Requirement
2155.064
Schedule and Bulk Purchasing
2155.065
Contracts with Department of Criminal Justice
2155.066
Review of Specifications
2155.067
Proprietary Purchases
2155.068
Uniform Standards and Specifications
2155.069
Testing and Inspection
2155.070
Failure to Meet Specifications
2155.072
Statewide or Regional Services Contracts
2155.073
Participation by Small Businesses in State Purchasing
2155.074
Best Value Standard for Purchase of Goods or Services
2155.075
Requirement to Specify Value Factors in Request for Bids or Proposals
2155.076
Protest Procedures
2155.077
Barring Vendor from Participation in State Contracts
2155.079
Buying Under Contract Established by Agency Other than Comptroller
2155.080
Advisory Committee on Procurement
2155.081
Vendor Advisory Committee
2155.082
Providing Certain Purchasing Services on Fee-for-service Basis or Through Benefit Funding
2155.084
Purchases from Federal Government
2155.085
Reverse Auction Procedure
2155.088
Material Changes to Contracts
2155.089
Reporting Vendor Performance
2155.090
Vendor and Employee Interaction and Communication Policy
2155.091
Chief Procurement Officer: Powers and Duties
2155.131
Delegation of Authority to State Agencies
2155.132
Purchases Less than Specified Monetary Amount
2155.136
Purchase of Certain Medical Equipment by Medical or Dental Unit
2155.137
Emergency Purchases
2155.138
Exemption of Goods or Services of Blind or Visually Impaired Persons
2155.139
Exemption for Certain Libraries and Health Facilities
2155.140
Purchase from Gift or Grant Not Within Comptroller’s Purchasing Authority
2155.141
Purchases for Auxiliary Enterprise Not Within Comptroller’s Purchasing Authority
2155.143
Purchase of Care and Treatment Services by Texas Juvenile Justice Department
2155.144
Procurements by Health and Human Services Agencies
2155.145
Certain Purchases by Texas Commission on Environmental Quality
2155.146
Certain Purchases by Employees Retirement System of Texas
2155.147
Certain Purchases by General Land Office
2155.148
Certain Purchases for Texas Emergency Services Retirement System
2155.149
Certain Purchases by Veterans’ Land Board
2155.150
Certain Purchases by Railroad Commission of Texas
2155.202
Community Centers
2155.203
Purchases by Legislature and Legislative Agencies
2155.204
Local Government Purchasing Program
2155.205
Interstate Purchasing
2155.261
Applicability
2155.262
Uniform Registration Form
2155.263
Centralized Master Bidders List
2155.265
Access to Master Bidders List
2155.266
Registration and Renewal Fee
2155.267
Rules and Procedures Regarding Master Bidders List
2155.268
Use of State Agency Bidders List
2155.269
Waiver
2155.270
Agency Assistance with Bidders List Issues
2155.321
Definitions
2155.322
Inspection and Certification
2155.323
Audit of Financial Information
2155.324
Purchase Audit
2155.325
Purchase Audit After Issuance of Warrant
2155.326
Audit by State Auditor
2155.327
Interagency Purchases and Transactions
2155.381
Invoice
2155.382
Payment by Warrant
2155.383
Advance Payments to State or Federal Agency
2155.384
Authority to Pay Charges
2155.385
Credit Cards
2155.386
Prepayment for Library Materials by Institution of Higher Education
2155.387
Payment for Road Construction Materials Delivered by Vehicle Exceeding Weight Limits
2155.441
Preference for Products of Persons with Intellectual or Physical Disabilities
2155.442
Preference for Energy Efficient Products
2155.443
Preference for Rubberized Asphalt Paving
2155.444
Preference to Texas and United States Products and Texas Services
2155.445
Preference for Recycled, Remanufactured, or Environmentally Sensitive Products
2155.446
Purchase and Use of Paper Containing Recycled Fibers
2155.447
Purchase of Recycled Oil
2155.448
Expenditures for Recycled, Remanufactured, or Environmentally Sensitive Commodities or Services
2155.449
Preference to Products and Services from Economically Depressed or Blighted Area
2155.450
Preference for Products of Facilities on Formerly Contaminated Property
2155.451
Vendors that Meet or Exceed Air Quality Standards
2155.452
Preference for Contractors Providing Foods of Higher Nutritional Value
2155.453
Certain Contracts for Homeland Security or Law Enforcement Technology
2155.501
Definitions
2155.502
Development of Multiple Award Contract Schedule
2155.503
Rules
2155.504
Use of Schedule by Governmental Entities
2155.505
Historically Underutilized and Small Businesses
2155.506
Reporting Requirements
2155.508
Internet Availability
2155.510
Rebates
2155.0755
Verification of Use of Best Value Standard
2155.1441
Health Care Purchasing
2155.1442
Foster Care Residential Contract Management
2155.4441
Preference Under Service Contracts

Accessed:
Mar. 23, 2024

§ 2155.077’s source at texas​.gov