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<br />. <br /> <br />PERFORMING AGENCY is reimbursed or requesting reimbursement for expenditures which are not in <br />accprdance with applicable federal or state laws and regulations or the provisions of the contract; or <br />PERFORMING AGENCY is expending funds inappropriately, <br /> <br />. <br /> <br />Whether PERFORMING AGENCY'S conduct or inaction is an emergency shall be determined by RECEIVING <br />AGENCY on a case-by-case basis and shall be based upon the egregious nature of the noncompliance or conduct. <br /> <br />ARTICLE 30. Sanction Review <br /> <br />PERFORMING AGENCY may request a review of the imposition of the following sanctions: termination of all or <br />part ofthe contract, suspension of all or part of the contract, permanent withholding of cash payments, reduction of <br />contract funding or other contract amendment resulting from noncompliance, and denial of contract renewal or <br />future contract awards. <br /> <br />PERFORMING AGENCY must make the request for review in writing to RECEIVING AGENCY within fifteen <br />(IS) days from the date of notification by providing written notice of the dispute to the person who signed the <br />notification. <br /> <br />PERFORMING AGENCY'S notice shall contain the following: (I) a copy of the letter from RECEIVING <br />AGENCY notifying PERFORMING AGENCY of the sanction; (2) a specific description of each act that is the <br />basis for the dispute; (3) the grounds upon which PERFORMING AGENCY bases the complaint; (4) an <br />identification of the issue or issues to be resolved; (5) a precise statement of the relevant facts; (6) any <br />documentation in support of PERFORMING AGENCY'S position; and (7) a statement and authorities in support of <br />PERFORMING AGENCY'S position. <br /> <br />Evidence that PERFORMING AGENCY properly notified RECEIVING AGENCY consists of any ofthe following <br />documents: (1) signature on delivery card; (2) confirmation of a facsimile to the correct telephone number; or (3) <br />signed acknowledgment of delivery. <br /> <br />RECEIVING AGENCY'S representative will schedule a meeting or a conference call to attempt to resolve the <br />issues in dispute. If the dispute is resolved, any resolution will be in writing and will be signed by all parties, If the <br />dispute is not resolved, RECEIVING AGENCY'S representative will notify PERFORMING AGENCY in writing. <br />RECEIVING AGENCY will appoint a reviewer(s), who will review the information, who may permit or require <br />additional information and who may grant, deny, or modify all relief requested in the written notice of dispute. The <br />reviewer(s)'s decision will be in writing and will contain a discussion of the reason for the decision and the <br />remedial action, if any. The reviewer(s) will send copies of the decision to all parties by any verifiable means. The <br />decision of the reviewer(s) is final and is the final action of RECEIVING AGENCY for purposes of further <br />proceedings. <br /> <br />A state statute or rule or a federal statute, regulation or guideline will prevail over the provisions of this Article <br />unless the statute, rule, regulation or guideline can be read together with the provision or provisions ofthis Article <br />to give effect to both. <br /> <br />ARTICLE 31. Breach of Contract <br /> <br />Any remedies set out in this contract are in addition to rights and remedies for breach of contract provided by law. <br /> <br />(LGS) <br /> <br />2002 GENERAL PROVISIONS Page 21 <br /> <br />04/01 <br />