Or. Admin. Code § 413-330-1120

Current through Register Vol. 63, No. 10, October 1, 2024

Section 413-330-1120 - Contractor Requirements and Restrictions

(1) The nontraditional contractor is a contractor chosen for their unique capacity to support the child or young adult based on the specific strengths and needs of the child or young adult as identified in the strengths-and-needs-based service planning process.

(2) The nontraditional contractor focuses on working with the family in addressing the specific strengths and needs of the child or young adult. The nontraditional contractor gives special care to planning activities that can eventually be maintained without the contractor's involvement.

(3) A FOCUS short-form contract is used the Department only to contract with a provider who is an independent nontraditional contractor.

(4) A FOCUS short-form contractor must be at least 18 years of age.

(5) A contractor for a FOCUS short-form contract is selected by direct negotiations. The Department negotiates directly with the contractor who is determined to be the best able to meet the child or young adult's individualized needs at a reasonable price. No informal or formal contractor selection and solicitation process is required.

(6) Contracted services must be provided by the contractor. The FOCUS short-form contract does not allow subcontracting. A traditional contractor may use an employee or volunteer to provide the contracted services. A nontraditional contractor must provide the services themselves and cannot use an employee or volunteer to provide the contracted services.

(7) A nontraditional contractor is no longer considered nontraditional and instead considered a traditional contractor once the total dollar amount of all contracts the individual has with the Department's Treatment Services Program, regardless of funding source or purpose, exceeds the limit set by the ODHS Designated Procurement Officer and documented in the FOCUS short form contract template. At that point, the insurance and liability coverage requirements increase. A traditional contractor is required to meet all contractual insurance requirements, including the requirement to obtain commercial general liability insurance.

(8) The Department may terminate a FOCUS short-form contract upon written notice to the contractor.

(9) A FOCUS short form contract must utilize a template that has been approved in advance by the ODHS Designated Procurement Officer and the Department of Justice. The printed contract cannot be altered. If the format is changed by anyone, regardless of the reason or circumstances, the contract cannot be executed and is void.

Or. Admin. Code § 413-330-1120

CWP 8-2022, adopt filed 06/01/2022, effective 6/1/2022

Statutory/Other Authority: ORS 409.050 & ORS 418.005

Statutes/Other Implemented: ORS 30.260-30.300, ORS 279A.050-279A.155, ORS 409.010, ORS 670.600 & ORS 806.060