3.600.31 Private Contracting

The Board of County Commissioners may contract all or part of the Colorado Works program operation to private or public providers. They may also choose to contract out the provision of goods or services to Colorado Works (CW) eligible persons/families. A. Prior to initiating a contract with a provider, the county shall: 1. Verify that the provider has not been debarred or suspended or otherwise found to be ineligible for participation in federal assistance programs by consulting the ineligible parties list at http://www.epls.gov. 2. Determine if the provider is acting as a sub-recipient and is therefore subject to OMB Circular A-133 (2003) and expanded auditing and oversight requirements. No later editions or amendments are incorporated. This circular is available at no cost from the U.S. Government Publishing Office at 732 North Capitol St., N.W., Washington, D.C. 20002, or at https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/circulars/a133/a133.pdf. These regulations are also available for public inspection and copying at the Colorado Department of Human Services, Office of Economic Security, 1575 Sherman St., Denver, CO 80203, during regular business hours. B. All contracts shall: 1. Specify the Temporary Assistance for Needy Families (TANF) purpose(s) that is served and/or supported, as outlined in the Code of Federal Regulations at 45 CFR 260.20 (2021). No later editions or amendments are incorporated. These regulations are available at no cost from the U.S. Department of Health and Human Services at 200 Independence Ave., S.W., Washington D.C. 20201, or at https://www.ecfr.gov/. These regulations are also available for public inspection and copying at the Colorado Department of Human Services, Office of Economic Security, 1575 Sherman St., Denver, CO 80203, during regular business hours. 2. Approximate, with reasonable certainty, the number of CW eligible persons to be served and include the method used to calculate this number. This number and the calculation used must be documented and made available upon request by the State Department for audit purposes. 3. Outline the provider's eligibility verification process to ensure that goods and services are provided to CW eligible persons/families. 4. Explain how the costs for the goods/services are calculated. 5. Prohibit supplantation. 6. Include a regular accounting of activities and costs at least twice a year. 7. Clarify that all expenditures for goods, services, or start-up funds be documented with a purchasing document. 8. Ensure that the agency has the ability to clearly identify CW eligible individuals from others in situations where an agency receives funding from multiple sources. 9. Outline specific and measurable performance goals for the contract. 10. Require, if the county chooses to, that a client apply for CW, sign a written agreement, or complete an Individualized Plan. 11. Ensure that a HIPPA agreement is signed and on-file in instances where the provider will obtain protected health information. All other contracts must ensure reasonable expectations for the provider to keep client information confidential and secure. 12. Complete an audit in instances where the county is contracting $750,000 or more in CW funds during the fiscal year, in compliance with OMB Circular A-133, as incorporated by reference in section 3.600.31.a.2. C. Some contracts may be classified as a community resource investment contract pursuant to Section 26-2-707.5(1), C.R.S. These contracts do not require clients to complete an application, a written agreement, or Individualized Plan, though the county may continue to require such documentation per their own individual contracting procedures. Community resource investment contracts shall meet all contract requirements as outlined above in section 3.600.31 and shall: 1. Include the purpose of the contract and investment in the community. 2. Specify the income eligibility standards that are used. 3. Outline the county’s dispute resolution process if it differs from that outlined in section 3.609.6.