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AI- 4092   4. C. 3.    
Commissioners Court - Regular
Meeting Date: 02/13/2013  
Discuss and consider adopting the Nueces County Debarment Policy.
Submitted By: Elsa Saenz, Purchasing Department
Department: Purchasing Department  

Information
RECOMMENDATION
Discuss and consider adopting the Nueces County Debarment Policy.
BACKGROUND
Texas Department of Public Safety/Texas Homeland Security-State Administrative Agency (THSSAA) conducted a homeland security grant monitoring and compliance review.  

THSSAA requires all Homeland Security Grant Program subrecipients (to include all programs administered by the TXDPS/THS-SAA) to check the debarment status of all vendors before contracting with or making any purchases with funds from any federal grant.

The monitoring report and corrective action plan required to develop and adopt a written policy for the verification and documentation of Federal Debarment of Vendors using the Excluded Parties Listing System (EPLS). The EPLS system is an electronic database of parties excluded from federal procurement and non-procurement programs and is located at https://www.sam.gov. The EPLS identifies those parties excluded throughout the U.S. Government (unless otherwise noted) from receiving Federal contracts or certain subcontracts and from certain types of Federal financial and nonfinancial assistance and benefits based upon statutory or administrative debarments.

THSSAA requires a copy of the debarment policy once it is complete and official.
DISCUSSION
The Office of Management and Budget (OMB) gives direction on debarment policy and standards. 

The implementation of this policy will be applicable at the procurement, non-procurement processes including POs, Requisitions, PCards etc.  The proposed action is to approve the debarment policy. Once approved, the implementation will require more work, specifically there will need to be included language in the following:

1. For Procurement : Purchasing Policies and Bidding documents: Instructions to bidders/offerers or under General conditions;
2. For Non-procurement: Purchasing Policies, P-cards;
3. For Grants: Grant Policy;
4. For emergency purchases and policies and set a time frame to suspend the debarment policy during Disaster Declaration.

The federal agencies made up of United States executive department, military department, defense agency or any other agency of the executive branch are the debarring officials. Other agencies of the Federal Government can be considered an agency if they issue regulations adopting the governmentwide debarment and suspension system under executive orders 12549 and 12689.

The federal agencies have federal guidelines that require due process before a company is added to the debarment list; such as notice of intent to debar, hearing, decision, appeal. By the time a company is on the list they are aware of the debarment and the reasons for debarment. 

The U. S. General Services Administration manages the EPLS system.  In the Sam.gov website record for the excluded company, it contains the name of the Federal Agency who issued the debarment, a contact person with the Federal Agency and a phone number.

Failure to complete the corrective action specified may lead to the grant funding being withheld or suspended.

Budget Information
Information about available funds
Budgeted: Funds Available: Adjustment: Amount Available:
Unbudgeted: Funds NOT Available: Amendment:
Account Code(s) for Available Funds
1:
Fund Transfers

Attachments
Debarment Policy
THSSAA Report
State - Federal Awards

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