Ohio Admin. Code 173-3-05 - Older Americans Act: procurement standards
(A) General procurement standards:
(1) When an AAA procures services paid, in
whole or in part, with Older Americans Act funds, the AAA is subject to the
requirements in 45 C.F.R.
75.327 to
75.335.
(B) Authorization for
non-competitive procurement: To
An AAA may request authorization from ODA to use
a non-competitive procurement process, the AAA shall
comply
by complying with paragraph (A)
of this rule and provide
providing a written or electronic request to ODA
that meets all of the following conditions:
(1) The AAA shall
make
makes its request to ODA no fewer
than thirty days before the AAA needs a decision from ODA.
(2) The AAA's request
shall
does
not consider a public exigency or emergency to be a basis for non-competitive
procurement if the AAA created the exigency or emergency.
(3) The AAA's request
shall provide
provides ODA with evidence to verify that the
circumstances in 45 C.F.R.
75.329(f) exist.
(4) If the AAA wants to procure services from
a single source, the AAA's request shall
verify
verifies that the circumstances
in 45 C.F.R.
75.329(f)(1) exist by
including the names of all known providers of the services located in, or
willing to do business in, the planning and service area. The AAA's request shall also include
and includes emails or letters from each of those
providers to document their inability to provide the services the AAA wants to
procure. If the providers are unwilling to provide emails or letters to the
AAA, the AAA shall retain
AAA's request includes records of
its
the AAA's
efforts to obtain information from the providers.
(C)
Additional
procurement standards for renewable and multi-year AAA-provider
agreements:
(1)
RFPs:
(a)
An AAA may offer a provider a renewable or multi-year
AAA-provider agreement (agreement) only if the RFP for the renewable or
multi-year agreement clearly states all of the following:
(i)
Whether the
agreement would be renewable after the first term or for a multi-year
term.
(ii)
One of the following:
(a)
The methodology
by which the AAA would determine the amount, if any, of a rate increase upon
renewal or during the multi-year term.
(b)
A statement that
the agreement would not include an opportunity for rate
increases.
(b)
An AAA may offer
a provider a renewable agreement only if the RFP for the renewable agreement
clearly states the following:
(i)
The AAA retains the right to decline to renew a
renewable agreement.
(ii)
The circumstances under which the AAA may terminate a
renewed agreement.
(c)
An AAA may offer
a provider a multi-year agreement only if the RFP for the multi-year agreement
clearly states that the AAA may terminate a multiyear agreement, rather than
fulfill all years of the multi-year term, under any one or more of the
following circumstances:
(i)
The provider does not demonstrate satisfactory
performance.
(ii)
The AAA does not have funds to pay for the services for
a subsequent year.
(iii)
A situation arises that was unforeseen at the time the
AAA and the provider entered into the agreement. Examples of unforeseen
situations are changes in market conditions or changes in the law regulating
the services the agreement covers.
(2)
Agreements:
(a)
Every agreement
for a renewable agreement or agreement with a multi-year term shall clearly
state the following:
(i)
Whether the agreement is renewable after the first term
or for a multiyear term.
(ii)
One of the following:
(a)
The methodology
by which the AAA determines the amount, if any, of a rate increase upon renewal
or during the multiyear term.
(b)
A statement that
the agreement does not include an opportunity for rate
increases.
(b)
Every agreement
for a renewable agreement shall clearly state the following:
(i)
The AAA retains
the right to decline to renew the agreement.
(ii)
The
circumstances under which the AAA may terminate a renewed
agreement.
(c)
Every agreement with a multi-year term shall clearly
state that the AAA may terminate the multi-year agreement, rather than fulfill
all years of the multi-year term, under any one or more of the following
circumstances:
(i)
The provider does not demonstrate satisfactory
performance.
(ii)
The AAA does not have funds to pay for the services for
a subsequent year.
(iii)
A situation arises that was unforeseen at the time the
AAA and the provider entered into the agreement. Examples of unforeseen
situations are changes in market conditions or changes in the law regulating
the services that the agreement covers.
(3)
Effective
periods: No renewable or multi-year agreement (whether in its initial term or a
renewed term) may remain in effect after the last day that the AAA's approved
area plan is in effect unless the AAA makes a written or electronic request for
authorization from ODA to extend the effective period no fewer than thirty days
before the end of the effective period of the AAA's area plan and if ODA grants
the requested extension to the AAA.
Notes
Promulgated Under: 119.03
Statutory Authority: 121.07, 173.01, 173.02, 173.392; 42 U.S.C. 3025; 45 C.F.R. 1321.11
Rule Amplifies: 173.39, 173.392; 42 U.S.C. 3030d; 45 C.F.R. Part 75, 1321.11, 1321.53
Prior Effective Dates: 02/15/2009, 06/01/2014, 08/01/2016, 06/01/2018, 01/29/2022
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