Rule 20.7.1001 - INCREASE IN CONTRACT CAPACITY(1) The Department of Corrections may biennially increase the department contract capacity by not more than 25 percent for a contracted treatment facility or program that was established through competitive bidding.(2) The department may biennially increase the contract capacity of a contracted treatment facility or program by more than 25 percent but less than 50 percent for a treatment facility or program that was established through competitive bidding if: (a) the department has determined, in writing, that the increase is in the best interest of the department;(b) the increase does not change the nature of the contracted services provided in the facility or program; and(c) the current contract has at least 12 months remaining, including renewals, before expiration.(3) Before the department executes a contract amendment for an increase of more than 25 percent but less than 50 percent, the department must give notice to the public and to current treatment facility or program providers of its intent to expand the existing treatment facility or program.(a) The department must publish the notice not less than 90 days in advance of the proposed expansion date.(b) The notice must request potential contractors to notify the department, in writing, of their interest in providing the same services.(c) The notice must request potential contractors to provide proof to the department that the potential contractor has the ability to provide the contracted services.(d) Notice is considered accomplished under this subsection if the department publishes the notice on its web site and sends such notice to each existing department treatment facility or program provider.(e) The department shall set a reasonable deadline for potential contractors to notify the department.(f) If the department receives notification under this subsection from a valid potential contractor who is able to provide such services, the department may not proceed without opening up the expansion to competitive bidding for the expansion portion only.(4) The department must engage in the competitive procurement process for the expansion portion in order to increase by more than 50 percent the contract capacity of a treatment facility or program that was established through the competitive procurement process or to increase the contract capacity of a treatment facility or program that was not established through competitive procurement.Mont. Admin. r. 20.7.1001
NEW, 2011 MAR p. 2027, Eff. 10/1/11.53-1-203, MCA; IMP, 53-1-203, MCA;