(a) Competitive bidding exception. A contract or agreement with another governmental entity, such as a state agency, state university, or county is exempt from the competitive bidding requirement. The agreement must be specific as to the method of service delivery and describe in detail the specifications required for successful performance. DHS must approve the method of selection regarding subcontractors utilized by the governmental entity. • 1
(b) Contract. The requisitioning unit initiates the contract packet, which consists of:
- (1) three original sets of the contract or agreement, with original signatures affixed by the other governmental party;
- (2) Form ADM-2, Department of Human Services Requisition, is attached to ensure that the requisitioning unit has completed the proper coordination and clearance; and
- (3) Form ADM-S-32, Sign-Off Slip, is required prior to submission to the Director or designee.
(c) Contract exceptions. Form ADM-87, Contract Requisition Justification, work plan, noncollusion affidavits or any assurances such as debarment or suspension are not required when contracting with another governmental subdivision. However, five clauses which must be included in contracts with other governmental subdivisions are:
- (1) Americans with Disabilities Act;
- (2) termination;
- (3) modification;
- (4) unavailability of funding; and
- (5) billing. • 2
(d) Non-financial agreements. All agreements with governmental or private entities, whether financial or non-financial, must be submitted to the Contracts and Purchasing Unit prior to approval by the Director or designee. • 3