PURPOSE: This rule sets forth requirements for the area agency to follow in awarding subgrants and contracts.

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the rule has been filed with the secretary of state. The entire text of the rule may be found at the headquarters of the agency and is available to any interested person at a cost established by state law.

1. (1) The area agency shall follow applicable procurement standards as specified in 45 CFR Part 74. If an area agency utilizes a request for qualifications (RFQ), this shall be considered a competitive negotiation procurement method as described in subsection 11c of Appendix G.

2. (2) The area agency shall publicly announce all solicitations at least thirty (30) calendar days prior to the deadline for acceptance of responses. Media announcements shall be made within the appropriate planning and service area in a manner that will enable current and potential service providers to be notified. The public notice shall—

   1. (A) Identify each program/service to be funded;
   2. (B) Specify the date by which responses must be submitted for consideration; and
   3. (C) Advise how copies of the solicitations may be obtained.
3. (3) The area agency shall submit, for the division’s prior approval, any proposed contracts with profit-making organizations for the provision of services under the area plan. The area agency is not required to submit to the division for prior review or approval any proposed subgrants or contracts with public or private nonprofit agencies or organizations.

4. (4) The area agency shall use subgrants or contracts with service providers to provide all services under Title III. For waiver of this requirement, the area agency shall submit a written request that thoroughly documents that direct provision of service, using its own employees, is necessary—

   1. (A) To assure an adequate supply of the service;
   2. (B) Where those services are directly related to the area agency’s administrative functions; or
   3. (C) Where those services of comparable quality can be provided more economically by the area agency.
5. (5) If an area agency receives a waiver to provide a service directly, all applicable requirements for that service as set forth in 13 CSR 15-7 and 13 CSR 15-4 shall be met.

AUTHORITY: section 660.050, RSMo 1986.* This rule was previously filed 13 CSR 15- 6.125. Original rule filed Jan. 6, 1986, effective April 30, 1986. *Original authority 1984, amended 1988.