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<regulation prefix="Regulation" num=".06" citation="COMAR 21.05.12.06" title_num="21" subtitle_num="05" chapter_num="12" heading="Multi-Year and Sole Source Human and Social Services Contracts — Assurance of Continuity of Third-Party Client Care.">
  <paragraph num="A.">
    <text>This regulation applies to contracts for human and social services and, in addition to other regulations, authorizes multi-year and sole source contracts.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Multi-Year Contracts.</text>
    <paragraph num="(1)">
      <text>In order to assure continuity of human or social services care, a procurement agency may enter a multi-year contract for human or social services when:</text>
      <paragraph num="(a)">
        <text>The conditions in COMAR 21.06.03.09 are met; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The procurement officer, with the approval of the agency head, determines that it is not reasonable to expect that a contract for a single fiscal year will be sufficient to alleviate the conditions for which a group of third-party clients will receive the services.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The procurement officer shall follow the procedures required by COMAR 21.06.03.09D.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A multi-year contract, including any option periods, may extend for more than 3 years only with the prior express approval of the Board of Public Works.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Sole Source Contracts.</text>
    <paragraph num="(1)">
      <text>In order to provide continuity of human or social services care to current third-party clients, the procurement officer shall, before the contract with the current provider expires, attempt to negotiate a sole source contract with the current provider if:</text>
      <paragraph num="(a)">
        <text>A sole source contract with the current provider is authorized under COMAR 21.05.05.02A; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Based on an assessment by a licensed or certified health practitioner, the head of a funding unit determines that a change in the human or social services provider would have a detrimental impact on those clients currently being served by the provider. The licensed or certified health practitioner shall be a psychologist, social worker, physician, nurse, or qualified developmental disabilities professional (QDDP), as defined in COMAR 10.22.03.01B(25), and:</text>
        <paragraph num="(i)">
          <text>May be employed by the procurement agency; but</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>May not be employed by the provider that has the human or social services contract with the procurement agency for the third-party clients.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Before issuing a solicitation for services to be provided to current third-party clients, the procurement officer shall:</text>
      <paragraph num="(a)">
        <text>Decide whether a sole source contract will be negotiated for any of these current clients under §C(1) of this regulation;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Exclude from the solicitation any current third-party client for whom a sole source contract has been negotiated; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Include in the solicitation a notice of any current sole source contract negotiations for current third-party clients, and a statement that these clients might not be included in any contract resulting from the solicitation.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>