04-B2 State Health Services Contract

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i) request that Contractor be removed from the Centralized Master Bidders List (CMBL) or any other state bid list, and bar it from participating in future contracting opportunities with the State of Texas; j) delay contract execution with Contractor while other imposed or proposed sanctions are pending resolution; k) place Contractor on probation. Probation means that Contractor will be placed on accelerated monitoring for a period not to exceed six (6) months at which time items of noncompliance must be resolved or substantial improvement shown by Contractor. Accelerated monitoring means more frequent or more extensive monitoring will be performed by Department than would routinely be accomplished; 1) require Contractor to obtain technical or managerial assistance; m) establish additional prior approvals for expenditure of funds by Contractor; n) require additional, more detailed, financial and/or programmatic reports to be submitted by Contractor; 0) demand repayment from Contractor; p) reduce the funding amount for failure to achieve or maintain the proposed .level of service, to expend funds appropriately and at a rate which will make full use of the award, or to provide services or to achieve local match, if required; q) pUrsue a claim for damages as a result of breach of contract; r) require removal of any officer, board member or employee of the Contractor who has been convicted of the misuse of state or federal funds, fraud or illegal acts that are in contraindication to continued obligations under this Contract, as determined by DSHS; s) withhold any payments to Contractor to satisfy any recoupment or penalty imposed by DSHS, and take repayment from funds available under this Contract, active or expired, in amounts necessary to fulfill Contractor's repayment obligations; t) reduce the Contract term; u) recoup improper payments when it is verified that the Contractor has been overpaid because of improper billing or accounting practices or failure to comply with Contract terms; or v) impose other remedies provided by law. Section 14.03 Notice of Remedies or Sanctions. Department will formally notify Contractor in writing when a remedy or sanction is imposed (with the exception of accelerated monitoring, which may be unannounced), stating the nature of the remedies and sanction(s), the reasons for imposing them, the corrective actions, if any, that must be taken before the actions will be removed and the time allowed for completing the corrective actions, and the method, if any, of requesting reconsideration of the remedies and sanctions imposed. Contractor is required to file, within fifteen (15) calendar days of receipt of notice, a written response to Department acknowledging receipt of such notice. If requested by the Department, General Provisions (Core Subrecipient 2008) 6/12/2007 34