441—150.5 (234) Iowa purchase of administrative support.
	 150.5(1) Initiation of contract proposal.
	  a.   	 Right to request a contract. All potential contractors have a right to request a contract.
	  b.   	 Initial contact.
	 (1) 	 Volunteer contract. The initial contact for a volunteer contract may be between the potential contractor and the service area manager of the service area in which the individual or the contractor agency’s headquarters is located or the contract may be between the potential contractor and the director of the state volunteer program in the central office of the department. If so, the director will communicate with the service area.
	 (2) 	 General use administrative support contract. The initial contact for a general use administrative support contract may be between the potential contractor and the service area manager of the service area in which the individual or contractor organization’s headquarters is located or the contract may be between the potential contractor and the chief of the bureau of purchased services, who will communicate with the service area.
	  c.   	 Contract proposal development. When the service area manager determines that a contract is to be developed, a project manager will be assigned who will assist in contract development and processing. The project manager will assist the contractor in completing the contract proposal and fiscal information appropriate to the contract. This includes documentation that the conditions of participation required below are met.
	  d.   	 Contract proposal approval or rejection. Before a contract can be effective it shall be signed by the following persons within the time frames provided:
	 (1) 	 Volunteer contract.
Individual contractor or authorized representative of the contractor agency.
Service area manager within one week from receipt.
Director of the state volunteer program within 30 days from receipt.
	 (2) 	 General use administrative support contract.
Individual contractor or authorized representative of the contractor agency.
Service area manager within one week from receipt.
Chief of the bureau of purchased services within two weeks from receipt.
Administrator of the division of fiscal management within two weeks from receipt.
The contractor shall be notified of delays in the process or of rejection of the proposal. This notification along with an explanation shall be in writing. The applicant has a right to have the decision reviewed by the director of the state volunteer program, or chief of the bureau of purchased services.
	  e.   	 Criteria for rejection. The following criteria may cause a proposed contract to be rejected.
	 (1) 	 The proposed activity is not needed by the department.
	 (2) 	 No funds are available for the activity being proposed.
	 (3) 	 The proposed contract does not meet applicable rules, regulations, or guidelines.
	  f.   	 Contract effective date. If the agreed-upon contract conditions have been met, the effective date of the contract is the first day of an agreed-upon month following signature by the director of the state volunteer program, or the chief of the bureau of purchased services.
	 150.5(2) Contract administration.
	  a.   	 Contract management. During the contract period, the assigned project manager shall be the liaison between the department and the contractor. The project manager shall be contacted on all interpretations and problems related to the contract and shall follow issues through to their resolution. The project manager shall also monitor performance under the contract and will provide or arrange for technical assistance to improve the contractor’s performance, if needed.
	  b.   	 Contract amendments. The contract shall be amended only upon agreement of both parties. Amendments which affect the cost of providing the volunteer services must include reestablishment of amounts to be paid.
	  c.   	 Contract renewal. A joint decision to pursue renewal of the contract must be made at least 60 days prior to the expiration date. Each contract shall be evaluated. The results of the evaluation shall be taken into consideration in the decision on renewal. This evaluation may involve use of evaluation tools specified in the contract.
	  d.   	 Contract termination. Causes for termination during the period of the contract are:
	 (1) 	 Mutual agreement of the parties involved.
	 (2) 	 Demonstration that sufficient funds are unavailable to continue the service(s) involved.
	 (3) 	 Failure to make reports required by the contract.
	 (4) 	 Failure to make financial, statistical, and program records available.
	 (5) 	 Failure to abide by the provisions of the contract.
	 150.5(3) Conditions of participation. The contractor shall meet the following standards:
	  a.   	 Licensure, approval, or accreditation. The contractor shall have any license, approval, and third-party accreditation required by law, regulation, or administrative rules, or shall meet standards of operation required by state or federal regulation. This requirement must be met before the contract can be effective.
	  b.   	 Signed contract. A contract can be effective only when signed by all parties required in 150.5(1)“d.”
	  c.   	 Civil rights laws. The contractors shall be in compliance with all federal, state, and local civil rights laws and regulations with respect to equal employment opportunity, or have a written work plan approved by the diversity programs unit to come into compliance.
	  d.   	 Title VI compliance. The contractors shall be in compliance with Title VI of the 1964 Civil Rights Act and all other federal, state, and local laws and regulations regarding the provision of services, or have a written plan approved by the diversity programs unit to come into compliance.
	  e.   	 Section 504 compliance. The contractors shall be in compliance with Section 504 of the Rehabilitation Act of 1973 and with all federal, state, and local Section 504 laws and regulations, or have a written work plan approved by the diversity programs unit to come into compliance.
	  f.   	 Affirmative action. The contractors shall be in compliance with all federal, state, and local laws and regulations regarding affirmative action, or have a written work plan approved by the diversity programs unit to come into compliance.
	  g.   	 Abuse reporting. The contractor shall have an approved policy and procedure for reporting abuse or denial of critical care of children or dependent adults.
	  h.   	 Confidentiality. The contractor shall comply with all applicable federal and state laws and regulations on confidentiality.
	  i.   	 Financial and statistical records. Each contractor of service shall maintain sufficient financial and statistical records, including program and census data, to document the validity of the reports submitted to the department.
	 (1) 	 The records shall be available for review at any time during normal business hours by department personnel, the purchase of service fiscal consultant, or state or federal audit personnel.
	 (2) 	 These records shall be retained for a period of five years after final payment.
	  j.   	 Certification by department of transportation. Each contractor who supplies transportation services shall submit Form 020107, Certification Application for Coordination of Public Transit Services, and a copy of “Certificate of Insurance” (an ACORD form or similar or self-insurance documentation) to the applicable project manager annually showing information regarding compliance with, or exemption from, public transit coordination requirements as found in Iowa Code chapter 324A and department of transportation rules 761—Chapter 910.
Failure to provide the required documentation for compliance or exemption is grounds for denial or termination of the contract.
	 150.5(4) Establishing amounts to be paid. The amounts to be paid under purchase of administrative support contracts are actual approved expenses as negotiated in the contract. Approved items of cost are based on submission of a proposed budget listing those items necessary for provision of the volunteer coordination or technical assistance to be delivered. At the termination of the contract a statement of actual expenses incurred shall be submitted by the contractor.
	 150.5(5) Billing procedures. At the end of each month, or as otherwise provided in the contract, the contractor shall prepare a claim on Form GAX, General Accounting Expenditure, for expenses for which reimbursement is permitted in the contract. The claim shall be sent to the office of the department that administers the contract for approval and forwarding for payment.
	  a.   	 Time limit for submitting claims. The time limit for submission of original claims shall be within 90 days of the provision of service.
	  b.   	 Resubmittals of rejected claims. Valid claims which were originally submitted within this time limit but were rejected because of an error must be resubmitted, but without regard to time frames.
	 150.5(6) Reviews of department actions. A contractor who is adversely affected by a department decision may request a review. A review request may cause the action to be stopped pending the outcome of the review process, except in cases where it can be documented that to do so would be detrimental to the health and welfare of clients. The procedure for review is:
	  a.   	 Within ten days of receipt of the decision in question the contractor shall send a written request for review to the project manager responsible for the contract. This request shall document the specific area in question and the remedy desired. A written response from the project manager shall be provided within ten days.
	  b.   	 When dissatisfied with the response, the contractor shall submit the original request, the response received, and any additional information desired to the service area manager within ten days. The service area manager shall study the concerns, the action taken and render a decision in writing within 14 days. A meeting with the contractor may be held to clarify the situation.
	  c.   	 If still dissatisfied, the contractor may within ten days request a review by the chief of the bureau of purchased services. The request for review should include copies of material from paragraphs “a” and “b” above. The bureau chief shall review the issues and positions of the parties involved and provide a written decision within 14 days. A meeting with the contractor, project manager, and service area manager or designee may be held.
	  d.   	 The contractor may appeal this decision within ten days to the director of the department, who will issue the final department decision within 14 days.
	 150.5(7) Reviews. Authorized representatives of the department or state or federal audit personnel have the right to review the general financial records of a contractor. The purpose of the review is to determine if expenses reported to the department have been handled as required under 150.5(4). Representatives shall provide proper identification and shall use generally accepted auditing principles. The reviews may be on the basis of an on-site visit to the contractor, the contractor’s central accounting office, the offices of the contractor’s agents, a combination of these, or, by mutual decision, to other locations.
This rule is intended to implement Iowa Code sections 234.6 and 324A.5, subsection 3, paragraph “c.”