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<br />rule, regulation, or federal guideline will prevail over the provisions of this Article unless the statute, rule, <br />regulation, or guideline can be read together with the provision(s) of this Article to give effect to both. <br /> <br />RECEIVING AGENCY may: <br /> <br />. A. Terminate all or a part of this contract. See the Termination Article in these provisions. <br /> <br />B. Suspend all or part of this contract. Suspension is, depending on the context, either (1) 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 <br />contract, or (2) an action taken by a suspending official in accordance with agency regulations <br />implementing Executive Order 12549 to immediately exclude a person from participating in contract <br />transactions for a period, pending completion of an investigation and such legal or debarment <br />proceedings as may ensue. PERFORMING AGENCY costs resulting from obligations incurred by <br />PERFORMING AGENCY during a suspension are not allowable unless expressly authorized by the <br />notice of suspension; <br /> <br />C. Disallow (deny both use of funds and matching credit for) altor 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. Pennanent withholding of cash payment means that <br />RECEIVlNG AGENCY retains funds billed by PERFORMING AGENCY or its subrecipient(s) for a) <br />unallowable, undocumented, disputed, inaccurate, improper, or erroneous billings; b) failure to <br />comply 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; <br /> <br />G.' Delay contract execution with PERFORMING AGENCY while other imposed or proposed sanctions <br />are pending resolution; <br /> <br />H. Place PERFORMING AGENCY on probation. Probation means that PERFORMING AGENCY will <br />be placed on accelerated monitoring for a period not to exceed six (6) months at which time items of <br />noncompliance shall 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 RECENING 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 payments by disapproving costs or fees submitted for payment or <br />reimbursement by PERFORMING AGENCY; <br /> <br />1. 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 />{Fee:for-Service} <br /> <br />GENERAL PROVISIONS 6/2004 <br /> <br />Pag<: 15 <br />