Code of Maryland Regulations
Title 21 - STATE PROCUREMENT REGULATIONS
Subtitle 05 - PROCUREMENT METHODS AND PROJECT DELIVERY METHODS
Chapter 21.05.12 - Procurement of Human, Social, Cultural, and Educational Services
Section 21.05.12.06 - Multi-Year and Sole Source Human and Social Services Contracts-Assurance of Continuity of Third-Party Client Care
Universal Citation: MD Code Reg 21.05.12.06
Current through Register Vol. 51, No. 19, September 20, 2024
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.
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