Laserfiche WebLink
services or goods. HHSC OIG may 1 1this eConlact and may mon tor Convac oPfortfinancial <br />sanctions to Department for any breach of for <br />each <br />item compliance. The Department may imp onsnon a case-by~case basis. Contractor s respons ble for <br />noncompliance and will deternune sanc <br />complying with all of the terms of this Convact. The listing of or use of one or more of the remedies <br />or sanctions listed below does not relieve Contractor of any obligations under this Contract. A state <br />or federal statute, rule or regulationdal guideline <br />can lbe re d t gether wPh the p ovis on(s) of <br />Article unless the statute, rule, regulation, or g <br />this Article to give effect to both. If the Contractor breaches this Contract by failing to comply with <br />one or more of the terms of this Contract, a innot cluding of he ac ons listed bellow ble <br />statutes, rules or regulations, the Department mY talce one omoe <br />a) terminate this Contract or a Program Attachment of this Contract as it relates to a specific <br />program type. In the case of termination, the Department will inform Contractor of the <br />termination no less than thirty-one (31) calendar days before the effective date of the <br />termination in a notice of termination. The notice of termination will state the effective date <br />of the termination, the reasons for the termination, and, if applicable, alert the Contractor of <br />the opportunity to request a hearing on the termination pursuant to Tex. Gov. Code Chapter <br />2105 regarding administrationb~ ementCfor serv es prov'ded from the effective l d tnot e f e <br />any claim for payment or reim <br />termination; <br />b) suspend all or part of this Contract. Suspension is, depending on the context, either (1) t e <br />temporary withdrawal of Contractor's authority to obligate funds pending conective action by <br />Contractor or its subcontractor(s) or pending a decision to ternninate or amend this Contract, <br />or (2) an action taken by a suspending official in accordance with Department rules to <br />immediately exclude a person from participating in contract transactions for a period of time, <br />pending completion of an investigation and such legal or debarment proceedings as may <br />ensue. Contractor may not bill DSHS for services performed during suspension, and <br />Contractor's costs resulting from obligations incuned by Contractor. during a suspension aze <br />not allowable unless expressly authorized by the notice of suspension; <br />c) deny additiorial or future contracts or renewals with Contractor; <br />d) reduce funding if the Contractor fails to provide services or goods consistent with <br />performance expectations described in this Contract; <br />e) disallow costs and credit for matching funds, if any, for all or part of the activities or action <br />not in compliance; <br />fl temporarily withhold cash payments. Temporarily withholding cash payments means the <br />temporary withholding of a working capital advance, if applicable, ° b ut on of <br />payments to Contractor for proper charges or obligations incurred, pending reso <br />issues of noncompliance with conditions of this Contract or indebtedness to the United States <br />or to the State of Texas; <br />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 />6/5/08 Page 31 of 38 <br />General Provisions (Core Subrecipient 2009) <br />