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

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

1. (1) The area agency on aging shall follow applicable procurement standards as specified in 45 CFR Part 75, which has been incorporated by reference in this rule, as published on October 1, 2021, by the Office of the Federal Register, National Archives and Record Administration, 7G Street NW, Suite A-734, Washington, DC 20401-0001 and available at https://bookstore.gpo.gov/catalog/code-federal-regulations-cfrs-print; and 2 CFR Part 200, which has been incorporated by reference in this rule, as published on January 1, 2021, by the Office of the Federal Register, National Archives and Record Administration, 7G Street NW, Suite A-734, Washington, DC 20401-0001 and available at https://bookstore.gpo.gov/catalog/code-federal-regulations-cfrs-print. This rule does not incorporate any subsequent amendments or additions.

   1. (A) The area agency on aging may waive the requirement of competitive bids for the purchase of food items when special temporary market conditions exist and the food items can be purchased for at least ten percent (10%) less than the most current bid price for the same food items.

2. (2) The area agency on aging shall use subgrants or contracts with service providers to provide supportive services, nutrition services, and/or in-home services under all Older Americans Act (OAA) funding sources. For waiver of this requirement, the area agency on aging 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 on aging’s administrative functions; or
   3. (C) Where those services of comparable quality can be provided more economically by the area agency on aging.
3. (3) If an area agency on aging receives a waiver to provide a service directly, all applicable requirements for that service as set forth in 19 CSR 15-7 and 19 CSR 15-4 shall be met.

AUTHORITY: section 192.2000, RSMo 2016.* This rule was previously filed as 13 CSR 15- 6.125 and 13 CSR 15-4.200. Original rule filed Jan. 6, 1986, effective April 30, 1986. Amended: Filed Aug. 28, 2000, effective March 30, 2001. Moved to 19 CSR 15-4.200, effective Aug. 28, 2001. Amended: Filed Jan. 25, 2022, effective Aug. 30, 2022.

*Original authority: 192.2000, RSMo 1984, amended 1988, 1992, 1993, 1994, 1995, 2001, 2014.