PURPOSE: This rule prescribes the procurement system for purchasing certain departmental services (other than in the department’s community placement program) for departmental clients. As set out in sections 34.100 and 630.405, RSMo, the commissioner of administration shall have the power to delegate his/her authority to purchase services for clients from providers to the department. The delegation of authority requires the department to comply with the basic intent of public procurement procedures to purchase the services.

1. (1) As set out in sections 34.100 and 630.405, RSMo, the commissioner of administration has delegated his/her authority to the department to purchase services from providers directly rather than through the Division of Purchasing of the Office of Administration. The commissioner delegates the authority by letter to the department director on a year-to-year basis.
2. (2) The director may designate entities to be known as affiliated community service providers to provide psychiatric and developmental disabilities services as defined by Chapters 632 and 633, RSMo in a service area or region where no state-operated facility exists in that region to provide these services. In so designating entities, the director may take into account, but shall not be limited to, the following: the ability of the entity to provide, subcontract or develop the necessary array of services, the stability of the entity as indicated by its historical service provision, the community-based nature of the service, the ability of the entity to utilize funding to maximize division-identified services to the greatest number of clients with quality and effective service.
3. (3) The noncompetitive negotiation procedure shall be used when the department director designates an affiliated community service provider.
4. (4) The noncompetitive negotiation procedure shall be used to establish contracts for the Division of Mental Retardation and Developmental Disabilities’ Purchase of Service programs.

AUTHORITY: sections 34.100 and 630.050, RSMo 2000 and 630.405, RSMo Supp. 2003.* Original rule filed Oct. 16, 1986, effective July 13, 1987. Emergency amendment filed May 15, 1990, effective May 25, 1990, expired Sept. 21, 1990. Amended: Filed Aug. 1, 1990, effective Dec. 31, 1990. Emergency amendment filed July 7, 1992, effective July 17, 1992, expired Nov. 13, 1992. Amended: Filed July 7, 1992, effective Feb. 26, 1993. Amended: Filed Oct. 31, 2000, effective May 30, 2001. Amended: Filed July 1, 2003, effective Dec. 30, 2003.

*Original authority: 34.100, RSMo 1945, amended 1983, 1995; 630.050, RSMo 1980, amended 1993, 1995; and 630.405, RSMo 1980, amended 1993, 1995, 2001.