TABLE OF CONTENTS

• INTRODUCTION
• "RESPONSIBILITY" FACTORS
• DUE PROCESS REQUIREMENTS
• TEXAS DEBARMENT AND SUSPENSION PROCEDURES
• Major State Agencies Having Formal Debarment or Suspension Procedures.
• Major Cities Having Formal Debarment or Suspension Procedures
• FEDERAL DEBARMENT AND SUSPENSION PROCEDURES
• General
• Debarment
• Suspension
• List of Contractors Excluded from Federal Procurement and Nonprocurement Programs.
• Continuation of Current Contracts.
• Restrictions on Subcontracting.

A fundamental policy of public procurement is that governmental entities should contract only with "responsible" contractors (i.e. those possessing satisfactory competence, capacity, financial resources, and reputation). This policy is based upon the concept that a governmental entity's interests in acquiring goods and services are much broader than merely the economics of a proposed transaction. Such interests include ensuring not only that a prospective contractor will perform satisfactorily (e.g., timely performance, compliance with specifications, etc.), but also that such performance will be free of fraud or dishonesty. Debarment and suspension of contractors are procedures governmental entities use to effectuate this policy by denying nonresponsible contractors the opportunity to seek government business. This paper explores debarment and suspension rules and procedures under Texas and Federal law.

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