| Authority/Reference(s) | |
|---|---|
| Revision Date | December 1, 2025 |
Policy
Open Enrollment Contract (OE) is a non-competitive method for acquiring services based on a common set of qualifying criteria and fixed terms and conditions, including fixed compensation rates. Because they are non-competitive, discussions with applicants are allowed before and during the posting period; however, responses to each applicant must be consistent.
An applicant meeting the eligibility requirements, that agrees to the terms and conditions and compensation rates, and can provide services in the required location, will receive a contract. There is no guarantee contract will be utilized. If contractor fails to maintain eligibility requirements, contract may be terminated.
DFPS may purchase client services through OE contracts when the following conditions apply:
- Services are readily available throughout a region of the state OR similar services are available under equitable standards throughout the state;
- DFPS has the freedom to choose and obtain services through any provider qualified to perform the services;
- Services are those for which providers can be required to meet defined, accepted standards, including state licensure and certification, or specific eligibility criteria before enrollment; and
- An equitable standard unit cost can be established for contracts providing the same service.
DFPS develops a pool of service providers who meet eligibility requirements published by DFPS.
The OE process must:
- Be conducted in an open and fair manner that reasonably provides interested, qualified vendors equal opportunity to obtain a contract or do business with DFPS; and
- Include contract terms and conditions or other policies adopted by DFPS and provided to the vendor that establish the manner in which individual transactions will be processed.
Examples of OE contracts include, but are not limited to, substance abuse services, hospital sitting services, personal assistance care services, and evaluation and treatment services.