(a) If a contractor does not qualify for a standard
contract at the expiration of a provisional contract, as described
in §49.209 of this chapter (relating to Standard Contract), DADS
sets an application denial period for the contractor or controlling
person that applies:
(1) to all programs and services; and
(2) for 24 months after the date of expiration.
(b) If a contractor qualifies for a standard contract
at the expiration of a provisional contract, as described in §49.209
of this chapter, but the contractor refuses a standard contract at
that time, DADS sets an application denial period for the contractor
or controlling person that applies:
(1) to the same program or service as the provisional
contract; and
(2) for 12 months after the date of expiration.
(c) If DADS terminates a provisional or standard contract
for the contractor's failure to provide services for 12 consecutive
months, as required by §49.534(a)(2)(A) of this chapter (relating
to Termination of Contract by DADS), DADS sets an application denial
period for the contractor or controlling person that applies:
(1) to the same program or service as the provisional
or standard contract; and
(2) for 12 months after the date of termination.
(d) If DADS terminates a provisional or standard contract
for a reason other than the one described in subsection (c) of this
section, DADS sets an application denial period for the contractor
or controlling person that applies:
(1) to all programs and services; and
(2) for a period of time determined by DADS, but no
less than 12 months after the date of termination.
(e) If a contractor terminates a provisional or standard
contract in accordance with the contract, including §49.551 of
this chapter (relating to Termination of Contract by Contractor),
DADS sets an application denial period for the contractor or controlling
person that applies:
(1) to the same service or program as the provisional
or standard contract; and
(2) for a period of time determined by DADS, but no
less than 12 months after the date of termination.
(f) If a contractor terminates a provisional or standard
contract not in accordance with the contract, including §49.551
of this chapter, DADS sets an application denial period for the contractor
or controlling person that applies:
(1) to all programs and services; and
(2) for a period of time determined by DADS, but no
less than 12 months after the date of termination.
(g) If a contractor submits a contract application
to DADS after the expiration of an application denial period described
in subsections (a) - (f) of this section, DADS may deny the contract
application for a reason described in §49.207 of this chapter
(relating to Provisional Contract Application Denial).
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