Okla. Admin. Code § 612:10-1-7

Current through Vol. 42, No. 7, December 16, 2024

Section 612:10-1-7 - Purchase of services and goods for individuals with disabilities

(a) All Department authorizations are made in compliance with the state purchasing policy under legal authority of the Director or by an employee to whom the Director has delegated such authority. Services, other than diagnosis and pre-employment transition services for students with disabilities regardless of whether the student has applied or been determined eligible for vocational rehabilitation services, must be in an approved Individualized Plan for Employment prior to authorization.

(1) All authorizations are to be issued prior to or simultaneously with the provision of the services.

(2) Verbal authorizations may be made when needed to ensure effective delivery of services. Verbal authorization must be followed immediately by the actual authorization.

(3) Separate authorizations for each fiscal year are required when a planned service extends beyond a single fiscal year. Rehabilitation professionals may not authorize fees for services in excess of those established by the Department unless approved by the Division Administrator.

(b) A prior vendor contract is required before authorizations can be made to any post-secondary school.

(1) By state law, a vendor contract cannot be issued for more than 12 months. If this written purchase agreement should lapse, vendor's claims will be denied by the Department.

(A) Training facility agreements. Training services are purchased from a specific vendor when a written agreement has been approved. Training facility are any type of facility that provides training such as colleges, real estate school, private trade schools, private vocational schools, and career techs. A post-secondary school (private or public) must have a prior written vendor contract with DRS before services can be authorized to that vendor unless the school is participating in a direct payment program.

(B) Out-of-state vendor contracts. Are required to have a prior written vendor contract with DRS before services can be authorized to that vendor. The client will be provided an opportunity to attend the training facility of choice provided the facility has a written agreement with the Department.

(2) When a vendor has this prior written purchasing agreement with the Department, and required approvals have been obtained, authorization may be issued for vocational rehabilitation services directly to that vendor.

(c) Other nonmedical vendors will not require a prior written purchasing agreement unless stated otherwise in the DRS administrative rule manual section(s) for that service.

(d) All other vocational rehabilitation services will be purchased pursuant to the administrative rules in (j) and (m) of this Section. However, a requisition may be submitted to the DRS Purchasing Section if, in the judgment of the responsible rehabilitation professional, the best interests of the individual and/or the agency would be served by having the Purchasing Section handle the procurement. In either case, once items have been received and checked against the authorization, the appropriate DVR or DSBVI staff, in accordance with (j) and (m) of this Section, approves the claim, then forwards it to the DRS Finance Services Division.

(1) When a vendor does not abide by the authorization or written purchasing agreement or bills and accepts payment from the client in addition to those agreed upon, the rehabilitation professional will bring this to the immediate attention of the supervisor for action by the administration.

(2) The vendor will not be used for further rehabilitation services until agreement to discontinue the objectionable practice is reached.

(e) Since the Department is a state-federal agency, it does not pay sales, excise, or transportation taxes.

(f) All claims for medical and/or nonmedical client services must be filed on claim forms approved by the Department. When the provision of an authorization is fulfilled, payment for the authorized client services constitutes payment in full. The client will not have any financial liability other than the amount required of clients who must participate in the cost of the service provided.

(g) The individual is liable for services he/she arranged which were not planned and initiated under the auspices of DRS.

(h) The Department retains right and title to any tools, equipment, durable medical equipment, or other goods costing $500 or more purchased with DVR and DSBVI funds, until and unless such goods are released to the client. Upon delivery of any such goods to the client, a Receipt for Equipment and Title Agreement must be completed and approved.

(1) Completion of Program: Any tools, equipment or durable medical goods purchased for training or occupational purposes remain with the client after completion of the program of services if they can be used in the client's chosen vocation. If the client fails to complete the program of service, the counselor will make effort to reclaim the goods to transfer to another client.

(2) Disposition at closure: Case recording must reflect the disposition at the time of closure of tools, equipment, and goods provided the client. All occupational tools, equipment, and durable medical goods remain the property of the agency until released. If the client is not using the items, the counselor will pick them up if an economical savings to the agency will result, and if the transfer will not endanger the health or safety of the client.

(3) Title Release: Title on any tools, equipment or durable medical equipment purchased with DRS funds for training or occupational purposes will not be released to the client until the counselor has determined the client is using the items as planned.

(i) When the rehabilitation professional determines an authorization or portion of an authorization will not be utilized, procedures to cancel the remaining services will be completed. Before the case is closed, all unliquidated authorizations must be canceled or accounted for to determine if a claim will be made against any outstanding authorization.

(j) Purchasing vocational rehabilitation goods or services, other than direct client payments, when there is no prior written purchasing agreement is basically a three- step process. These steps include specifying the requirements for the goods or services, authorizing for the purchase, and receiving delivery of the goods or services. For audit purposes, no one person can perform more than one of these steps. A different person is required for:

(1) identifying the requirement for the purchase;

(2) placing the order; and

(3) accepting the material or service.

(k) When a prior written purchasing agreement for vocational rehabilitation goods or services, other than direct client payments, is not required, and the service or package of services to be obtained will cost the amount of the OMES-DCAM authority order limit or less, the rehabilitation professional and client will jointly choose an appropriate vendor. The rehabilitation professional will then authorize for the planned services to the chosen vendor. When a prior written purchasing agreement for vocational rehabilitation services, other than direct client payments, is not required, and the service or package of services will cost more than the OMES-DCAM authority order limit, the rehabilitation professional will follow administrative rules in (1) through (7) of this Subsection.

(1) The rehabilitation professional will obtain specialist recommendations for purchase requirements and approvals in accordance with agency administrative rules.

(2) The participation of the client, or the client's authorized representative, will be obtained in deciding upon at least three vendors to be contacted by the rehabilitation professional to obtain bids for the goods or services. The rehabilitation professional will review available vendor information with the client, or client's authorized representative, to jointly determine which vendor(s) can best meet the needs of the client in terms of product and service function, quality, and vendor accessibility.

(3) At least three vendors offering the goods or services will be contacted to obtain bids. To expedite planning and service delivery, bids may be obtained verbally. Upon request, contacted vendors will be afforded at least 24 hours in which to prepare and submit the verbal bid. The rehabilitation professional will ensure that all bids are submitted in writing for the same or comparable items and will document the bids received by using the Vendor Bid Documentation Form.

(4) The rehabilitation professional will issue the appropriate authorization and claim to the vendor submitting the lowest and best bid. If the rehabilitation professional managing the case is also the recognized specialist who identified the purchase requirements, then the supervisor will issue the appropriate authorization. Authorization may be issued to a vendor not submitting the lowest bid only with strong documentation that the selected vendor can best meet the needs of the client. When the bid is in excess of $5,000.00 the successful bidder will sign a non-collusion statement (to be sent with the claim), which will be maintained in the case service record.

(5) In the case of a vehicle modification or housing modification, upon completion of the authorized services, the counselor will contact the AT Specialist to schedule inspection of the work in accordance with agency administrative rules.The AT Specialist will complete the "Assistive Technology Inspection Report" verifying the modification conforms to acceptable standards and the work is satisfactory.

(6) Upon delivery of the goods or services in accordance with the IPE and authorization, a rehabilitation staff person other than the specialist who specified the purchase requirements and the rehabilitation professional who authorized the purchase will accept delivery, verify that goods received match the vendor invoice, sign the appropriate claim form, sign and attach the invoice and forward them to the DRS Finance Services Division.

(7) Upon delivery of any goods costing $500 or more to the client, a Receipt for Equipment and Title Agreement must be completed and approved.

(8) Itemized documentation will be in the case record on all orders costing less than $500 and the client will acknowledge their receipt. (For example, signing and dating the packaging slip, vendor's invoice, or typed list of goods.)

(9) Returned or repossessed items must be documented on for "Receipt for Equipment and Title Agreement" and the final disposition noted in Case Narrative entry.

(l) Program Managers will review record of services when submitted for approvals to ensure that purchases are being awarded in a manner that ensures competition and client participation within the scope of DRS and applicable fiscal rules. At least once each fiscal year a random selection of record of services will be reviewed by the DRS Central/Departmental Services Unit to monitor compliance with DRS and applicable fiscal rules. If a Program Manager has reason to believe that a rehabilitation professional is not making a good faith effort to award purchases in a competitive manner and in accordance with agency administrative rules, a fiscal audit of the entire caseload will be requested to determine the appropriate action to take. Prior to the initiation of the Individualized Plan for Employment (IPE), the counselor must determine if:

(1) a vendor agreement is needed;

(2) there is an established rate or fee schedule; and

(3) client's participation in cost of services is required.

(m) Pursuant to 74 O.S. 85.44A, any goods or services required under a court order shall be purchased in accordance with DRS fiscal rules.

Okla. Admin. Code § 612:10-1-7

Added at 10 Ok Reg 4633, eff 9-1-93 (emergency); Added at 11 Ok Reg 2449, eff 7-1-94 ; Amended at 12 Ok Reg 1487, eff 7-1-95 ; Amended at 13 Ok Reg 1817, eff 4-3-96 (emergency); Amended at 14 Ok Reg 809, eff 1-24-97 (emergency); Amended at 14 Ok Reg 2332, eff 7-1-97 ; Amended at 16 Ok Reg 1711, eff 4-13-99 (emergency); Amended at 16 Ok Reg 2590, eff 7-1-99 ; Amended at 17 Ok Reg 3066, eff 7-15-00 ; Amended at 18 Ok Reg 2228, eff 7-1-01 ; Amended at 20 Ok Reg 1771, eff 7-1-03 ; Amended at 22 Ok Reg 2186, eff 7-1-05 ; Amended at 27 Ok Reg 1589, eff 7-1-10 ; Amended at 29 Ok Reg 1430, eff 7-1-12 ; Amended at 30 Ok Reg 868, eff 7-1-13

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Adopted by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/11/2020

Amended by Oklahoma Register, Volume 38, Issue 23, August 16, 2021, eff. 8/26/2021

Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff. 8/11/2023