§ 2430.50. Cancellation of a facility contract.
(a) Other than under the conditions set forth in § 2430.48 (relating to failure to implement contract), the Office of Blindness and Visual Services (BVS) may cancel a contract only in the following instances:
(1) Gross misconduct or mismanagement of the facility.
(2) Request of the owner of the premises on which the facility is located.
(3) Incapacity of the vendor for an extended period of time to the extent that the vendor cannot conduct the affairs of the facility.
(4) Restoration of vendor’s sight to better than legal blindness, which is the basis of eligibility for participation in the Business Enterprises Program (BES)—see § 2430.3 (relating to definitions).
(5) Voluntary withdrawal or resignation from the program by the vendor.
(6) Violation of a portion of this chapter.
(7) Violation of applicable State or Federal statutes.
(b) Upon cancellation of the contract, all rights, and privileges related to operation of the facility are terminated and BVS is authorized to occupy the facility and assume complete control of stock, supplies, equipment, and operations and make those arrangements which are necessary to protect the interest of the parties involved. The occupation may be only for the time required to assure that proper actions are taken including:
(1) Preparation of, or assistance in the preparation of, a complete inventory of the stock and supplies.
(2) Preparation of financial statement of the vendor’s account with BVS.
(3) Provision of technical assistance for disposition of vendor-owned stock and supplies.
(4) Technical assistance in the reconciliation and settlement of vendor’s accounts.
(c) BVS also is authorized to take action necessary to maintain full-time operation of the facility pending its award to another qualified vendor or its removal from the premises.
(d) Proceeds from the temporary continued operation of the facility would go to the temporary vendor. The disposition of stock and supplies remain the property of the previous vendor or his heirs or estate, after settlement of outstanding obligations to the Business Enterprises Program (BEP) and other debts.
Cross References This section cited in 55 Pa. Code § 2430.41(relating to generally); 55 Pa. Code § 2430.71 (relating to placement on roster); and 55 Pa. Code § 2430.91 (relating to generally).
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