Amendment
Bill No. CS/CS/CS/HB 935
Amendment No. 041513
CHAMBER ACTION
Senate House
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1Representative Bogdanoff offered the following:
2
3     Amendment (with title amendment)
4     Remove lines 65-77 and insert:
5     (9)  "Lead agency" means an agency designated at least once
6every 6 3 years by an area agency on aging as the result of a
7competitive procurement conducted through a request for proposal
8process to be in place no later than the state fiscal year 1996-
91997. Any area agency on aging that is in litigation over a
10prior designation of a lead agency on the effective date of this
11act shall conduct this competitive procurement no later than
12December 31, 2009, to ensure that all lead agencies have been
13fairly selected before the maximum 6-year procurement cycle
14begins.
15     (a)  The guidelines for the request for proposal must be
16developed by the department in consultation with the area agency
17agencies on aging and. Such guidelines must include requirements
18for the assurance of quality and cost-efficiency of services,
19minimum personnel standards, and employee benefits. The
20department shall adopt a rule creating a dispute resolution
21mechanism. The rule, which shall be adopted no later than August
221, 2009, and which all area agencies on aging shall be required
23to follow, shall create standards for a bid protest and a
24procedure for resolution. The dispute resolution mechanism
25established in the rule shall include a provision for a
26qualified, impartial decisionmaker who shall conduct a hearing
27to determine whether the area agency's proposed action is
28contrary to the area agency's governing statutes or rules or to
29the solicitation specifications. The standard of proof for the
30protestor shall be whether the area agency's action was clearly
31erroneous, contrary to competition, arbitrary, or capricious.
32The dispute resolution mechanism shall also provide a mechanism
33for review of the decisionmaker's determination by a qualified
34and impartial reviewer, if review is requested. The standards
35for the bid protest shall include:
36     1.  A provision requiring notice of an area agency's
37proposed contract award and a clear point of entry for any
38substantially affected entity to challenge the proposed award.
39     2.  A provision for an automatic stay of the contract award
40process upon the filing of a bid protest that shall not be
41lifted until the protest is resolved.
42     3.  Provisions permitting all substantially affected
43entities to have an opportunity to participate in the hearing,
44to conduct discovery, to obtain subpoenas compelling the
45appearance of witnesses, to present evidence and argument on all
46issues involved, to conduct cross-examination, to submit
47rebuttal evidence, and to submit proposed findings of fact and
48conclusions of law.
49     4.  Provisions for expeditious resolution of the bid
50protest, including a requirement that once the area agency on
51aging refers a bid protest petition to the decisionmaker, a
52hearing shall be conducted within 30 days, unless that timeframe
53is waived by all parties.
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T I T L E  A M E N D M E N T
59     Remove lines 12-13 and insert:
60care for the elderly; providing competitive procurement
61procedure with respect to specified contested designation of a
62lead agency; requiring the Department of Elderly Affairs to
63create a dispute resolution mechanism by rule; providing
64requirements with respect to the dispute resolution mechanism;
65specifying required standards for a bid protest;


CODING: Words stricken are deletions; words underlined are additions.