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the statute, rule, regulation, or guideline can be read together with the provision(s) of this Article to give effect to <br />both. <br /> <br />RECEIVING AGENCY may: <br /> <br /> A. Terminate all or a part of the contract. Termination is the permanent withdrawal of PERFORMING <br /> AGENCY' S authority to obligate previously awarded funds before that authority would otherwise expire <br /> or the voluntary relinquishment by PERFORMING AGENCY of the authority to obligate previously <br /> awarded funds. PERFORMING AGENCY costs resulting from obligations incurred by PERFORMING <br /> AGENCY after termination of an award are not allowable unless expressly authorized by the notice of <br /> termination. Termination does not include: (1) withdrawal of funds awarded on the basis of <br /> PERFORMING AGENCY'S underestimate of the unobligated balan? in a prior period; (2) withdrawal <br /> of the unobligated balance as of the expiration of a contract; (3) refusal to extend a contract or award <br /> additional funds, to make a competing or noncompeting continuation, renewal, extension, or <br /> supplemental award; or (4) voiding of a contract upon determination that the award was obtained <br /> fraudulently, or was otherwise illegal or invalid from inception; <br /> <br /> B. Suspend all or part of the contract. Suspension is, depending on the context, either (1) the temporary <br /> withdrawal of PERFORMING AGENCY'S autharity 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 a <br /> 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. Permanent withholding of cash payment means that RECEIVING <br /> AGENCY retains funds billed by PERFORMING AGENCY or its subrecipient(s) for a) unallowable, <br /> undocumented, disputed, inaccurate, improper, or erroneous billings; b) failure to comply with contract <br /> 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 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 (6) months at which time items of <br /> noncompliance shall be resolved or substantial improvement shown by PERFORMING AGENCY; <br /> <br /> (LGS) GENERAL PROVISIONS Page 19 11/2001 <br /> <br /> <br />