Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) In the event a contractor files for
bankruptcy or in some other manner ceases operations or has its grant
terminated in accordance with Section
100875 of this Chapter, DEO shall
select a new contractor based on
42 United States Code,
Section 8624. In all instances where a new
contractor is identified, DEO shall, prior to selecting said contractor,
determine that the agency involved meets program and fiscal
requirements.
(b) The following
procedure shall be used for selecting a successor:
(1) DEO shall seek out a private nonprofit or
public agency which is located and currently providing services to the general
low-income population in the subject area. The agency shall be given the
opportunity to fill the vacancy. Should there be more than one such entity
interested in serving, special consideration shall be given in accordance with
42 U.S.C., Section
8624(b)(6) as follows:
(A) A local public or private nonprofit
agency which was receiving Federal funds under any low-income energy assistance
program or weatherization program under the Economic Opportunity Act of 1964 or
any other provision of law on August 12, 1981.
(B) Any successor public or private nonprofit
agency which is operated in substantially the same manner and for substantially
the same purpose as the predecessor agency as described in subsection (b)(1)(A)
above.
(2) When no such
eligible entity or public or private nonprofit agency exists in a subject area,
an entity which is located and providing services in an area contiguous to the
subject area shall be offered the opportunity to serve using the same priority
order as specified in subsection (b)(1) above.
(3) When no such eligible entity or public or
private nonprofit agency exists contiguous to the subject area, an eligible
entity located closest to or within reasonable proximity to the subject area
shall be offered the opportunity to serve using the same priority order as
specified in subsection (b)(1) above.
(c) In the event that more than one eligible
entity exists and is willing to perform services after applying the procedures
for selection of a successor agency in subsection (b), DEO shall utilize a
competitive process to select a new contractor. When a competitive process is
required, the Department will provide, at a minimum, the following to all
interested parties. This information will be provided at least thirty (30)
calendar days prior to the deadline for request for consideration under the
competitive process.
(1) The background and
purpose of the need for the competitive process.
(2) A description of the work to be performed
and the service area in which it must be performed.
(3) The eligibility criteria for
participating in the competitive process.
(4) A description of the required format for
the response.
(5) The timetable for
submittal, review and evaluation of the responses.
(6) The criteria which will be used by the
Department to select the successor contractor.
1. New section
filed 5-8-92; operative 6-8-92 (Register 92, No.
20).
Note: Authority cited: Section 16367.6(b), Government Code.
Reference: Section 16367.6(b), Government
Code.
