Authority/Reference(s)
Revision Date September 15, 2015

Policy

A contract resulting from a competitive procurement cannot exceed 60 months.

A contract resulting from a non-competitive procurement, or exempt from procurement processes, cannot exceed 60 months without a review and approval process that includes DFPS contract leadership,  legal, and contract oversight and support.

Title IV-E county contracts are exempt from the 60 month contract duration timeframe.

Each contract must include the standard contract provisions that:

  • the contract includes an effective and expiration date;

  • the contract is subject to cancellation by DFPS on 30 days notice; and

  • the contract is subject to the availability of funds.

Amendments

An amendment may not extend the contract period beyond the time frames established in the procurement. A contract may be renewed at DFPS's discretion, when authorized, and when it is in the best interest of DFPS.

An amendment may not be made retroactively without legal approval.

Renewals

A contract renewal is not required annually. Contract renewals and contract duration is at the discretion of DFPS contract leadership.

Considerations for Determining the Contract Duration

The contract duration is based on the determination that the department's best interests are served. DFPS considers the following:

  • Potential impact of change or lack of change upon service delivery methods;

  • Ease of access to services, quality of services, cost efficiency, and degree of client involvement;

  • Potential availability of other providers;

  • Continued need for services provided under the contract;

  • Continued need for the services in the contractor's service delivery area;

  • Availability of funding;

  • Priorities and need for services;

  • Changes in state or federal laws, rules, or regulations;

  • Contractor's compliance with the terms of the contract;

  • DFPS rules concerning competitive procurement; and

  • Ability to provide services without discrimination.