Laserfiche WebLink
g) permanently withhold cash payments. Permanent withholding of cash payment means that <br />Department retains funds billed by Contractor for (1) unallowable, undocumented, disputed, <br />inaccurate, improper, or erroneous billings; (2) material failure to comply with Contract <br />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 illegal or <br />invalid from this Contract's inception and demand repayment of any funds paid under this <br />Contract; <br />i) request that Contractor be removed from the Centralized Master Bidders List (CMBL) or any <br />other state bid list, and barred from participating in future contracting opportunities with the <br />State of Texas; <br />j) delay execution of a new contract or contract renewal with Contractor while other imposed or <br />proposed sanctions are pending resolution; <br />k) place Contractor on probation. Probation means that Contractor will be placed on accelerated <br />monitoring for a period not to exceed six (6) months at which time items of noncompliance <br />must be resolved or substantial improvement shown by Contractor. Accelerated monitoring <br />means more frequent or more extensive monitoring will be performed by Department than <br />would routinely be conducted; <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 by <br />Contractor; <br />o) demand repayment from Contractor when it is verified that Contractor has been overpaid, e.g., <br />because of disallowed costs, payments not supported by proper documentation, improper <br />billing or accounting practices, or failure to comply with Contract terms; <br />p) pursue a claim for damages as a result of breach of contract; <br />q) require Contractor to prohibit any employee or volunteer of Contractor from performing <br />under this Contract or having direct contact with DSHS- funded clients or participants, or <br />require removal of any employee, volunteer, officer or governing body member, if the <br />employee, volunteer, officer or member of the governing body has been indicted or convicted <br />of the misuse of state or federal funds, fraud or illegal acts that are in contraindication to <br />continued obligations under this Contract, as reasonably determined by DSHS; <br />r) withhold any payments to Contractor to satisfy any recoupment, liquidated damages, match <br />insufficiency, or any penalty (if the penalty is permitted by statute) imposed by DSHS, and <br />take repayment from funds available under this Contract in amounts necessary to fulfill <br />Contractor's payment or repayment obligations; <br />s) reduce the Contract term; <br />t) recoup improper payments when it is verified that Contractor has been overpaid, e.g., because <br />of disallowed costs, payments not supported by proper documentation, improper billing or <br />accounting practices or failure to comply with Contract terms; <br />u) assess liquidated damages; <br />v) demand repayment of an amount equal to the amount of any match Contractor failed to <br />provide, as determined by DSHS; <br />w) impose other remedies, sanctions or penalties permitted by statute. <br />Section 14.03 Notice of Remedies or Sanctions. Department will formally notify Contractor in <br />writing when a remedy or sanction is imposed (with the exception of accelerated monitoring, which <br />General Provisions (Core Subrecipient) 2011 33 <br />