1. (a) Prior to the awarding of a contract to a for profit entity, the AAA shall submit the following to the Department for review and approval:

   1. (1) The RFP or IFB.
   2. (2) All bid proposals received.
   3. (3) The proposal or bid evaluation documentation, along with the AAA's rationale for awarding the contract to a for profit entity.

2. (b) Within 15 days of receipt of the information specified in (a), the Department shall in writing either:

   1. (1) Approve the award, providing the process used by the AAA was equitable and in compliance with federal and State laws and regulations.
   2. (2) Disapprove the award and state the reason for finding the process inequitable or out of compliance with federal or State law or regulation.
3. (c) Nothing in this section shall be construed to prohibit the Department, on a limited case-by-case basis, from performing a pre-award review in accordance with 45 CFR 92.36(g).

Note: Authority cited: Sections 9102 and 9105, Welfare and Institutions Code. Reference: Sections 9530, 9534 and 9538, Welfare and Institutions Code; and 42 U.S.C. 3020c and 45 CFR 92.36.

History

1. New section filed 5-16-96; operative 6-15-96 (Register 96, No. 20).

2. Change without regulatory effect amending Note filed 2-10-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 7).