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

(1)  Such services may become necessary from time totime, 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 problemneeding treatment would be rendered worse than at the time of diagnosis orassessment.

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

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

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

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

(e)  The head of the purchasing agency, or adesignee, shall negotiate a contract, including a rate of compensation which isfair and reasonable, established in writing, and based upon the estimatedvalue, scope, nature, and complexity of the treatment services to be rendered,or use the rate established by the administrator, if any.  If negotiationsfail, upon written notice of an impasse to the provider selected undersubsection (d), the head of the purchasing agency shall choose another providerfrom 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, competitivepurchase of services, unless a waiver of this subsection is approved by thechief procurement officer. [L 1997, c 190, pt of §2]