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51 <br />C. Contract Classifications <br />1. Clear Contract (WIC 10397) <br />This designation shall be given to a contract that is neither a provisional <br />contractor a conditional contract, as described (2) and (3) below. <br />2. Provisional Contract (WIC 10397 and 5 CCR 18068) <br />This designation applies to an agency’s first contract for any particular service <br />or to the contract of an existing contracting agency for a new, modified, or <br />different type of service. The timeframe of a provisional contract is at the <br />discretion of the CDSS and is given to ensure that the contracting agency can <br />demonstrate fiscal and programmatic compliance before the contract is <br />designated as a clear contract. Contractors on provisional status shall submit <br />monthly fiscal and attendance reports to CDFS. The contract status shall be <br />reviewed annually. <br />3. Conditional Contract (WIC 10397) <br />a. This designation applies to a high-risk contract awarded to a contracting <br />agency that evidences fiscal or programmatic noncompliance, or both <br />fiscal and programmatic noncompliance. <br />b. A contracting agency with one or more contracts designated as conditional <br />is deemed to be on conditional status with the CDSS for all childcare and <br />development program purposes and is subject to any restrictions deemed <br />reasonable to secure compliance. <br />D. Administrative Review of Changes in Contract Status (5 CCR 18303) <br />1. Contract performance shall be reviewed at least annually by CDSS staff who <br />shall determine by April 1 of each year whether to offer continued funding on <br />a clear contract, continued funding on a conditional basis or to make no offer <br />of continued funding. <br />2. If the staff recommends conditional status or no offer of continued funding, <br />the contractor shall be notified in writing of the reason s for the proposed <br />change in contract status by April 7. The notice of proposed action shall be <br />sufficiently specific to allow the contractor to respond to the factual basis for <br />the proposed action. <br />3. If the contractor disagrees with the proposed action, the contractor's response <br />shall be received by the CDSS within ten (10) calendar days of receipt of the <br />notice of proposed action. The contractor's response shall include any written <br />materials in support of its position and, if the contractor intends to mak e an <br />oral presentation, the response shall so specify.