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<br />B. suspend all or part of the contract. Suspension is, depending on the context, either (I) the temporary <br />withdrawal of PERFORMING AGENCY's authority to obligate funds pending corrective action by <br />PERFORMING AGENCY or its subrecipient(s) or pending a decision to terminate or amend the contract, <br />or (2) an action taken by a suspending official in accordance with agency regulations implementing <br />Executive Order 12549 to immediately exclude a person from participating in contract transactions for <br />a period, pending completion of an investigation and such legal or debarment proceedings as may ensue. <br />PERFORMING AGENCY costs resulting from obligations incurred by PERFORMING AGENCY <br />during a suspension are not allowable unless expressly authorized by the notice of suspension; <br /> <br />C. disallow (deny both use of funds and matching credit for) all or part of the activities or action not in <br />compliance; <br /> <br />D. temporarily withhold cash payments. Temporarily withholding cash payments means the temporary <br />withholding of advances or reimbursements to PERFORMING AGENCY or its subrecipient(s), for <br />proper charges or obligations incurred; pending resolution of issues of noncompliance with contract <br />conditions or indebtedness to the United States or to the State of Texas; <br /> <br />E. permanently withhold cash payments. Permanently withholding of cash payment means that <br />RECEIVING AGENCY retains funds billed by PERFORMING AGENCY or its subrecipient(s) for a) <br />unallowable, undocumented, disputed, inaccurate, improper, or erroneous claims; b) failure to comply <br />with contract provisions; or c) indebtedness to the United States or to the State of Texas; <br /> <br />F. deny contract renewal or future contract awards to a PERFORMING AGENCY for a certain period of <br />time not to exceed five years; <br /> <br />G. delay contract execution with PERFORMING AGENCY while other imposed or proposed sanctions are <br />pending resolution; <br /> <br />H. place PERFORMING AGENCY on probation. Probation means that PERFORMING AGENCY will be <br />placed on accelerated monitoring for a period not to exceed six months at which time items of <br />noncompliance must be resolved or substantial improvement shown by PERFORMING AGENCY; <br /> <br />I. conduct accelerated monitoring of PERFORMING AGENCY. Accelerated monitoring means more <br />frequent or more extensive monitoring will be performed by RECEIVING AGENCY than would <br />routinely be accomplished; <br /> <br />J. require PERFORMING AGENCY to obtain technical or managerial assistance; <br /> <br />K. disallow requests for reimbursement by disapproving costs or fees submitted for payment or <br />reimbursement by PERFORMING AGENCY; <br /> <br />L. establish additional prior approvals for expenditure of funds by PERFORMING AGENCY; <br /> <br />M. require additional, more detailed, financial and/or programmatic reports to be submitted by <br />PERFORMING AGENCY; <br /> <br />N. demand repayment from PERFORMING AGENCY; <br /> <br />(LGS) <br /> <br />2000 GENERAL PROVISIONS Page 19 <br /> <br />4/99 <br />