[§103F-404]  Treatment purchase of services.  (a)  Treatment services may be purchased in accordance with this section if either or both of the following circumstances are applicable:

     (1)  Such services may become necessary from time to time, but cannot be anticipated accurately on an annual or biennial basis; and

     (2)  When deferring treatment until solicitation, provider selection, and contract formation can be completed, the problem needing treatment would be rendered worse than at the time of diagnosis or assessment.

Contracts for treatment services shall be awarded on the basis of demonstrated competence and qualification for the type of service required, and at fair and reasonable prices.

     (b)  At a minimum, before the beginning of each fiscal year, the administrator shall publish a notice describing the types of treatment services that may be needed throughout the year on a periodic basis and inviting providers engaged in providing these treatment services to submit current statements of qualification and expressions of interest to the office.  The chief procurement officer may specify a uniform format for statements of qualifications.  Providers may amend these statements by filing an amended or new statement prior to the date designated for submission.

     (c)  The administrator shall form an initial review committee consisting of a minimum of three employees from a state agency or agencies with sufficient education, training, and licenses or credentials to evaluate the statements of qualifications which the administrator receives in response to the notice published pursuant to subsection (b).  The committee shall review and evaluate the submissions and other pertinent information, including references and reports, and prepare a list of qualified providers to provide treatment services during the fiscal year.  Providers included on the list of qualified treatment providers may amend their statements of qualifications as necessary or appropriate.  Providers shall immediately inform the administrator of any changes in information furnished which would disqualify the provider from being considered for a contract award.

     (d)  When the need to purchase treatment arises, the head of a purchasing agency shall select the provider most qualified to provide the needed treatment from the list of qualified  providers.

     (e)  The head of the purchasing agency, or a designee, shall negotiate a contract, including a rate of compensation which is fair and reasonable, established in writing, and based upon the estimated value, scope, nature, and complexity of the treatment services to be rendered, or use the rate established by the administrator, if any.  If negotiations fail, upon written notice of an impasse to the provider selected under subsection (d), the head of the purchasing agency shall choose another provider from the list of qualified providers, and conduct further negotiations.  Negotiations shall be conducted confidentially.

     (f)  Contracts for treatment in excess of $100,000 or one year shall be procured using section 103F-402, competitive purchase of services, unless a waiver of this subsection is approved by the chief procurement officer. [L 1997, c 190, pt of §2]


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