Md. Code Regs. 21.05.12.06

Current through Register Vol. 51, No. 21, October 18, 2024

Section 21.05.12.06 - Multi-Year and Sole Source Human and Social Services Contracts-Assurance of Continuity of Third-Party Client Care

A. This regulation applies to contracts for human and social services and, in addition to other regulations, authorizes multi-year and sole source contracts.

B. Multi-Year Contracts.

(1) In order to assure continuity of human or social services care, a procurement agency may enter a multi-year contract for human or social services when:

(a) The conditions in COMAR 21.06.03.09 are met; or

(b) The procurement officer, with the approval of the agency head, determines that it is not reasonable to expect that a contract for a single fiscal year will be sufficient to alleviate the conditions for which a group of third-party clients will receive the services.

(2) The procurement officer shall follow the procedures required by COMAR 21.06.03.09D.

(3) A multi-year contract, including any option periods, may extend for more than 3 years only with the prior express approval of the Board of Public Works.

C. Sole Source Contracts.

(1) In order to provide continuity of human or social services care to current third-party clients, the procurement officer shall, before the contract with the current provider expires, attempt to negotiate a sole source contract with the current provider if:

(a) A sole source contract with the current provider is authorized under COMAR 21.05.05.02A; or

(b) Based on an assessment by a licensed or certified health practitioner, the head of a funding unit determines that a change in the human or social services provider would have a detrimental impact on those clients currently being served by the provider. The licensed or certified health practitioner shall be a psychologist, social worker, physician, nurse, or qualified developmental disabilities professional (QDDP), as defined in COMAR 10.22.03.01B(25),and:

(i) May be employed by the procurement agency; but

(ii) May not be employed by the provider that has the human or social services contract with the procurement agency for the third-party clients.

(2) Before issuing a solicitation for services to be provided to current third-party clients, the procurement officer shall:

(a) Decide whether a sole source contract will be negotiated for any of these current clients under §C(1) of this regulation;

(b) Exclude from the solicitation any current third-party client for whom a sole source contract has been negotiated; and

(c) Include in the solicitation a notice of any current sole source contract negotiations for current third-party clients, and a statement that these clients might not be included in any contract resulting from the solicitation.

Md. Code Regs. 21.05.12.06

Regulation .06 adopted effective 43:26 Md. R. 1449, eff. 1/2/2017