16 Del. Admin. Code § 9102-8.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 9102-8.0 - Changes to an Established Set Aside Contract

8.1 After an initial set aside contract has been established, the State or a CRP and/or its designated CNA may request the following changes:

8.1.1 Price Changes and Modifications. The request must verify fair market value and employment impact by:

8.1.1.1 Providing written substantiation for a price modification;

8.1.1.2 Obtaining the most recent state bidding or award information;

8.1.1.3 Providing commercial or competitive price information;

8.1.1.4 Submitting a new cost analysis that highlights changes from the original set aside contract; and

8.1.1.5 Providing updated or new information on the number of people employed by the set aside contract.

8.2 Transfer of Set Aside Contract. From time to time it may be necessary for a CNA or a CRP to cease performing a service or providing a product that is the subject of a set aside contract.

8.2.1 If the contract is held by a CNA, the CNA may transfer the set aside contract to a different CRP as long as no modifications are made to the set aside contract. The CNA shall notify the Commission at its next regularly-scheduled meeting that the CNA has transferred the set aside contract to a different CRP.

8.2.2 If the transfer of the set aside contract is from one CNA to another CNA, the transfer must be ratified by a majority vote of Commission members that are present at the next regularly-scheduled Commission meeting.

8.2.3 If a CRP abandons a set aside contract or is unable to fulfill its contractual duties under a set aside contract, the CPR must immediately notify the Commission and Government Support Services.

8.2.4 The transferring and receiving CRP and/or designated CNA must develop a detailed plan for the transfer of a set aside contract to ensure that there will be no disruption of service.

16 Del. Admin. Code § 9102-8.0

21 DE Reg. 424( 11/1/2017) (Final)