Laserfiche WebLink
this Contract, or (2) an action taken by the Department to immediately exclude a person <br />from participating in contract transactions for a period of time, pending completion of an <br />investigation and such legal or debarment proceedings as may ensue. Contractor may not <br />bill DSHS for services performed during suspension, and Contractor's costs resulting <br />from obligations incurred by Contractor during a suspension are not allowable unless <br />expressly authorized by the notice of suspension; <br />c) deny additional or future contracts with Contractor; <br />d) reduce the funding amount for failure to 1) provide goods and services as described in <br />this Contract or consistent with Contract performance expectations, 2) achieve or <br />maintain the proposed level of service, 3) expend funds appropriately and at a rate that <br />will make full use of the award, or 4) achieve local match, if required; <br />e) disallow costs and credit for matching funds, if any, for all or part of the activities or <br />action not in compliance; <br />f) temporarily withhold cash payments. Temporarily withholding cash payments means the <br />temporary withholding of a working capital advance, if applicable, or reimbursements or <br />payments to Contractor for proper charges or obligations incurred, pending resolution of <br />issues of noncompliance with conditions of this Contract or indebtedness to the United <br />States or to the State of Texas; <br />g) permanently withhold cash payments. Permanent withholding of cash payment means <br />that Department retains funds billed by Contractor for (1) unallowable, undocumented, <br />disputed, inaccurate, improper, or erroneous billings; (2) material failure to comply with <br />Contract provisions; or (3) indebtedness to the United States or to the State of Texas; <br />h) declare this Contract void upon the Department's determination that this Contract was <br />obtained fraudulently or upon the Department's determination that this Contract was <br />illegal or invalid from this Contract's inception and demand repayment of any funds paid <br />under this Contract; <br />i) request that Contractor be removed from the Centralized Master Bidders List (CMBL) or <br />any other state bid list, and barred from participating in future contracting opportunities <br />with the State of Texas; <br />j) delay execution of a new contract or contract renewal with Contractor while other <br />imposed or proposed sanctions are pending resolution; <br />k) place Contractor on probation. Probation means that Contractor will be placed on <br />accelerated monitoring for a period not to exceed six (6) months at which time items of <br />noncompliance must be resolved or substantial improvement shown by Contractor. <br />Accelerated monitoring means more frequent or more extensive monitoring will be <br />performed by Department than would routinely be accomplished; <br />1) require Contractor to obtain technical or managerial assistance; <br />m) establish additional prior approvals for expenditure of funds by Contractor; <br />n) require additional or more detailed, financial and/or programmatic reports to be submitted <br />by Contractor; <br />o) demand repayment from Contractor when it is verified that the Contractor has been <br />overpaid, e.g., because of disallowed costs, payments not supported by proper <br />documentation, improper billing or accounting practices, or failure to comply with <br />Contract terms; <br />p) pursue a claim for damages as a result of breach of contract; <br />General Provisions (Core Subrecipient) 2010 33 <br />