SECTION 340:105-10-101. Request for proposal procedures

(a)   Policy. All Older Americans Act pass through funds are awarded in an open, competitive, and fair manner via the request for proposal (RFP) process. Awards are made to applicants whose proposals include all components of the service(s) outlined in the RFP and who best meet the specifications of the RFP.

(1)   The Area Agency on Aging (AAA) board of directors:

(A)   is directly responsible for reviewing proposals and awarding funds. This responsibility may not be delegated;

(B)   may not award funds to the AAA or to another subdivision of the sponsoring agency under the auspices of the same board of directors; and

(C)   may not award funds to board members or the agencies or organizations they represent.

(2)   Awarding funds through the RFP process during the plan year is required when:

(A)   funds are allocated to the AAA at the beginning of the fiscal year;

(B)   there is significant expansion of a service(s) already funded;

(C)   funding a new service(s); or

(D)   funding of an existing service is transferred from a defunct or terminated grantee.

(b)   Authority. The authority for this Section is Section 1321.11 of Title 45 of the Code of Federal Regulations and Section 212(b)(1) of the Older Americans Act of 1965, as amended.

(c)   Procedures. The requirements for implementing this Section are outlined in this subsection.

(1)   To initiate RFP, the AAA:

(A)   develops specifications for each service to be procured that clearly define the service and how units of service are measured. The specifications include the minimum units of services to be provided, the minimum unduplicated number to be served, if required, and geographic service areas as appropriate;

(B)   develops an RFP guide and grant application package;

(C)   announces the availability of funds and documents the announcement in newspapers in the planning and service area (PSA), and concurrently sends a news release to the editor of at least three newspapers and to existing and potential service providers known to the AAA in the PSA.

(i)   The announcement runs at least two times in daily papers or two weeks in weekly papers prior to the closing of the application period and in a sufficient number of papers to ensure complete coverage within the PSA.

(ii)   The announcement begins at least 21 calendar days prior to the closing of the application period and is repeated at least once no less than five calendar days prior to the date of the proposers' conference.

(iii)   All announcements include:

(I)   a listing of services for which funding is available and the geographic areas that must be covered for each service;

(II)   the address at which service specifications and proposal guide may be obtained;

(III)   the closing date and time for application submittal;

(IV)   the name and telephone number of a person to contact for additional information; and

(V)   the date, time, and location of the proposers' conference, and notification that attendance at the conference is required in order to be considered for funding;

(D)   mails copies of the RFP guide upon request;

(E)   conducts a conference for proposers prior to the deadline for submitting applications and requires applicants to attend the conference in order to be considered for funding. At a minimum, the information discussed during the conference includes:

(i)   the RFP guide and all requirements pertaining to submitting an application; and

(ii)   all responsibilities associated with the acceptance of Title III funds, including applicable federal and state statute, policy, certifications, and assurances;

(F)   provides other reasonable technical assistance to applicants who request assistance, in writing, no later than seven calendar days prior to the closing of the application period;

(G)   informs the State Agency following the close of the proposers' conference if there are no applicants for a service; and

(H)   at the close of the application period, evaluates and rates all proposals according to standard criteria based on requirements of the RFP guide. The AAA disqualifies incomplete proposals from evaluation and funding.

(2)   The AAA advisory council reviews the proposals and makes recommendations on funding to the AAA board of directors. All decisions related to funding recommendations are conducted in accordance with applicable state and federal conflict of interest laws. The advisory council review is conducted during a scheduled meeting with a quorum present.

(3)   The AAA board of directors:

(A)   or a subcommittee of the board, reviews all proposals and the recommendations of the AAA staff and advisory council;

(B)   approves funding of not for profit proposals that best meet or exceed the service specifications and the requirements of the RFP guide. The State Agency shall review and approve all profit-making proposals. All decisions related to granting awards are made in accordance with applicable state and federal conflict of interest laws, and documented through signed resolutions and minutes of meetings. All decisions are acted on as a board with at least a quorum present at a meeting. The AAA board of directors may not delegate its responsibilities related to granting awards;

(C)   issues notification of grant awards (NGAs) to not for profit applicants who are approved for funding and to profit-making applicants with State Agency approval; and

(D)   provides an opportunity for appeal to applicants whose proposals for funding are denied, per OAC 340:105-10-102.

(4)   If no complete proposals are submitted for a service(s) or if the AAA board of directors determines that no proposals for a service(s) meet the specifications of the RFP, the AAA, with State Agency approval, has the option of:

(A)   reprogramming the funds and issuing a new RFP for a different service(s); or

(B)   requesting authority to provide a direct service as provided in OAC 340:105-10-41; or

(C)   revising the initial specifications for the same service(s) and reissuing a new RFP; and

(D)   initiating community development activities to create a potential provider of the service(s) as specified in the RFP and, in the interim, requesting approval from the State Agency to temporarily provide the service as a direct service.

(5)   When an Older Americans Act Title III funded project elects to voluntarily terminate the contract before the end of a grant year, procedures must be followed as outlined on Form 02AG006E, Voluntary Withdrawal of Title III Project. Form 02AG006E must be acknowledged, signed, and included as part of the original grant application.

(d)   Cross references. See OAC 340:105-10-40, 340:105-10-102, and 340:105-10-104(c)(7).

[Source: Added at 11 Ok Reg 673, eff 11-29-93 (emergency); Added at 11 Ok Reg 2771, eff 6-13-94; Amended at 15 Ok Reg 249, eff 10-9-97 (emergency); Amended at 15 Ok Reg 1692, eff 5-11-98; Amended at 19 Ok Reg 1170, eff 5-13-02; Amended at 21 Ok Reg 898, eff 4-26-04; Amended at 22 Ok Reg 20, eff 8-15-04 (emergency); Amended at 22 Ok Reg 915, eff 5-12-05; Amended at 23 Ok Reg 1062, eff 7-15-06; Amended at 24 Ok Reg 1325, eff 6-1-07; Amended at 25 Ok Reg 1754, eff 6-1-08 (emergency); Amended at 26 Ok Reg 2221, eff 7-1-09]