1 | Representative Bogdanoff offered the following: |
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3 | Amendment (with title amendment) |
4 | Remove lines 65-77 and insert: |
5 | (9) "Lead agency" means an agency designated at least once |
6 | every 6 3 years by an area agency on aging as the result of a |
7 | competitive procurement conducted through a request for proposal |
8 | process to be in place no later than the state fiscal year 1996- |
9 | 1997. Any area agency on aging that is in litigation over a |
10 | prior designation of a lead agency on the effective date of this |
11 | act shall conduct this competitive procurement no later than |
12 | December 31, 2009, to ensure that all lead agencies have been |
13 | fairly selected before the maximum 6-year procurement cycle |
14 | begins. |
15 | (a) The guidelines for the request for proposal must be |
16 | developed by the department in consultation with the area agency |
17 | agencies on aging and. Such guidelines must include requirements |
18 | for the assurance of quality and cost-efficiency of services, |
19 | minimum personnel standards, and employee benefits. The |
20 | department shall adopt a rule creating a dispute resolution |
21 | mechanism. The rule, which shall be adopted no later than August |
22 | 1, 2009, and which all area agencies on aging shall be required |
23 | to follow, shall create standards for a bid protest and a |
24 | procedure for resolution. The dispute resolution mechanism |
25 | established in the rule shall include a provision for a |
26 | qualified, impartial decisionmaker who shall conduct a hearing |
27 | to determine whether the area agency's proposed action is |
28 | contrary to the area agency's governing statutes or rules or to |
29 | the solicitation specifications. The standard of proof for the |
30 | protestor shall be whether the area agency's action was clearly |
31 | erroneous, contrary to competition, arbitrary, or capricious. |
32 | The dispute resolution mechanism shall also provide a mechanism |
33 | for review of the decisionmaker's determination by a qualified |
34 | and impartial reviewer, if review is requested. The standards |
35 | for the bid protest shall include: |
36 | 1. A provision requiring notice of an area agency's |
37 | proposed contract award and a clear point of entry for any |
38 | substantially affected entity to challenge the proposed award. |
39 | 2. A provision for an automatic stay of the contract award |
40 | process upon the filing of a bid protest that shall not be |
41 | lifted until the protest is resolved. |
42 | 3. Provisions permitting all substantially affected |
43 | entities to have an opportunity to participate in the hearing, |
44 | to conduct discovery, to obtain subpoenas compelling the |
45 | appearance of witnesses, to present evidence and argument on all |
46 | issues involved, to conduct cross-examination, to submit |
47 | rebuttal evidence, and to submit proposed findings of fact and |
48 | conclusions of law. |
49 | 4. Provisions for expeditious resolution of the bid |
50 | protest, including a requirement that once the area agency on |
51 | aging refers a bid protest petition to the decisionmaker, a |
52 | hearing shall be conducted within 30 days, unless that timeframe |
53 | is waived by all parties. |
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58 | T I T L E A M E N D M E N T |
59 | Remove lines 12-13 and insert: |
60 | care for the elderly; providing competitive procurement |
61 | procedure with respect to specified contested designation of a |
62 | lead agency; requiring the Department of Elderly Affairs to |
63 | create a dispute resolution mechanism by rule; providing |
64 | requirements with respect to the dispute resolution mechanism; |
65 | specifying required standards for a bid protest; |