Or. Admin. Code § 413-330-1120 - Contractor Requirements and Restrictions
(1) The nontraditional contractor is a
contractor chosen for their unique capacity to support the child or young adult
based on the specific strengths and needs of the child or young adult as
identified in the strengths-and-needs-based service planning process.
(2) The nontraditional contractor focuses on
working with the family in addressing the specific strengths and needs of the
child or young adult. The nontraditional contractor gives special care to
planning activities that can eventually be maintained without the contractor's
involvement.
(3) A FOCUS short-form
contract is used the Department only to contract with a provider who is an
independent nontraditional contractor.
(4) A FOCUS short-form contractor must be at
least 18 years of age.
(5) A
contractor for a FOCUS short-form contract is selected by direct negotiations.
The Department negotiates directly with the contractor who is determined to be
the best able to meet the child or young adult's individualized needs at a
reasonable price. No informal or formal contractor selection and solicitation
process is required.
(6) Contracted
services must be provided by the contractor. The FOCUS short-form contract does
not allow subcontracting. A traditional contractor may use an employee or
volunteer to provide the contracted services. A nontraditional contractor must
provide the services themselves and cannot use an employee or volunteer to
provide the contracted services.
(7) A nontraditional contractor is no longer
considered nontraditional and instead considered a traditional contractor once
the total dollar amount of all contracts the individual has with the
Department's Treatment Services Program, regardless of funding source or
purpose, exceeds the limit set by the ODHS Designated Procurement Officer and
documented in the FOCUS short form contract template. At that point, the
insurance and liability coverage requirements increase. A traditional
contractor is required to meet all contractual insurance requirements,
including the requirement to obtain commercial general liability
insurance.
(8) The Department may
terminate a FOCUS short-form contract upon written notice to the contractor.
(9) A FOCUS short form contract
must utilize a template that has been approved in advance by the ODHS
Designated Procurement Officer and the Department of Justice. The printed
contract cannot be altered. If the format is changed by anyone, regardless of
the reason or circumstances, the contract cannot be executed and is void.
Notes
Statutory/Other Authority: ORS 409.050 & ORS 418.005
Statutes/Other Implemented: ORS 30.260-30.300, ORS 279A.050-279A.155, ORS 409.010, ORS 670.600 & ORS 806.060
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