SECTION 391.405. Responsibilities of Vendors

(a) Contractors, respondents, and vendors interested in working with HHS are required to implement standards of conduct for their own personnel and agents on terms at least as restrictive as those applicable to HHS. These standards must adhere to ethics requirements adopted in rule, in addition to any ethics policy, or code of ethics approved by the HHSC Executive Commissioner. A respondent must sign and submit all ethics, disclosure, confidentiality, and other forms required under the procurement and any resulting contract. HHS may examine a respondent's standards of conduct in the evaluation of a bid, offer, proposal, quote, or other applicable expression of interest in a proposed purchase of goods or services.

(b) Any potential contractor or respondent may not offer, give, or agree to give any procurement personnel any benefit.

(c) No potential contractor or respondent, or agent of a potential contractor or respondent, may, in connection with the development of a contract or procurement, directly contact an HHS employee, unless that HHS employee is the designated point of contact for that contract or procurement.

(d) Every respondent must disclose potential or actual conflicts of interest with HHS.

(e) As a condition of contracting with HHS, any vendor or contractor, must:

(1) cooperate with any audit conducted by the state auditor; and

(2) cooperate with any audit conducted by HHSC or any entity designated by HHSC, including the Office of Inspector General.

(f) Any vendor that violates a provision of this subchapter may be barred from receiving future contracts or may have an existing contract cancelled. Additionally, HHSC may report the vendor's actions to the Comptroller for statewide debarment, or law enforcement.

(g) A statement describing the standards of conduct for respondents shall be included in every solicitation.

(h) The responsibilities and restrictions for respondents and contractors described in this section apply to subcontractors.

Source Note: The provisions of this §391.405 adopted to be effective May 12, 2021, 46 TexReg 3017