53F-6-415.5. Transition provisions.
(1) As used in this section: "Previous contracted entity" means an organization that was contracted to perform program functions immediately prior to a transition event. "Transition event" means: the expiration or termination of a contracted entity contract; the inability of a contracted entity to perform required duties; or any other circumstance requiring transition to a new contracted entity, including legislative changes to this part or the program appropriations. "Transition period" means the time between: the occurrence of a transition event; and the effective date of a contract with a new contracted entity selected through the state's procurement process.
(2) Upon the occurrence of a transition event, the Department of Operations shall: serve as a temporary bridge program administrator solely during the time required to: maintain essential program operations with the full cooperation from the previous contracted entity that is undergoing termination of contract; and complete the procurement process for selecting new contracted entities; immediately initiate and complete the procurement process described in Sectionin an expedited manner; 53F-6-404 establish clear timelines and procedures for the transition process between the previous contracted entity to the Department of Operations to the new contracted entity; if the transition event affects the financial administrator: immediately secure temporary financial services through an emergency procurement process to ensure continuity of payment processing; ensure the temporary financial services provider meets all qualifications of a financial administrator under Section; and 53F-6-401 maintain separation between program administration and financial operations during the transition period; and provide proper notice to and coordinate with: qualifying providers; parents; all contracted entities; the state board; and other affected parties.
(3) During the transition period, the Department of Operations: shall ensure with full cooperation and support of the previous contracted entity: all existing scholarship accounts remain valid and operational; all qualifying provider approvals remain in effect; no interruption in: scholarship payments; account access for parents; contracted entity operations; and other essential program functions; if a temporary financial services provider is necessary: the provider's compliance with program requirements; proper processing of scholarship payments; and appropriate separation of duties is maintained between the provider and the Department of Operations; preservation of all program data and records for transfer to new contracted entities; and continuation of necessary reporting and compliance activities; may not: implement new policies or procedures; modify existing program operations; or directly handle or process any scholarship funds; and shall maintain the program's operational independence from governmental control.
(4) The Department of Operations' temporary bridge program administrator role: is limited to maintaining essential program functions; may not extend beyond the minimum time necessary to complete the procurement process; does not constitute ongoing program management or operations; shall be performed solely to maintain program continuity during the transition to a new program manager; and shall terminate immediately upon the new program manager assuming the duties of a program manager.
(5) All contracts, agreements, and obligations with the previous contracted entity shall: remain in effect during the transition period unless specifically terminated through appropriate procedures; be reviewed by the Department of Operations for continuation, modification, or termination; and if necessary, be transferred to appropriate entities as determined through the procurement process.
(6) Upon selection and awarding of a new contract to a contracted entity, the Department of Operations shall: facilitate an orderly transfer of all relevant program operations, records, and data; ensure the new contracted entity is prepared to assume all relevant program responsibilities; and except for contract administrator duties, terminate all temporary administrative duties.
(7) During the transition period: if a temporary financial services provider is necessary: the provider shall process all program payments and maintain all scholarship accounts; the Department of Operations may not directly handle or process any scholarship funds; and the temporary financial services provider shall receive the portion of administrative funds necessary for financial operations; the state board shall: allocate administrative funds as directed by the Department of Operations to: the temporary financial services provider for financial operations; and other contracted entities continuing to perform program functions; and ensure the total administrative costs do not exceed the limit in Subsection; and 53F-6-411(3)(a)(i) the Department of Operations: shall maintain detailed accounting of all transition period administrative expenditures; shall report transition period expenditures to the state board; may not directly handle scholarship funds or accounts; and shall ensure proper separation between program administration and financial operations is maintained throughout the transition period.
(8) Any unexpended administrative funds at the end of the transition period shall: transfer to the newly contracted entities upon completion of the procurement process; or return to the restricted account described in Sectionif not needed for contracted entity operations. 53F-6-411
(9) Within 30 days after terminating temporary administrative duties under Subsection (6)(c), the Department of Operations shall submit a report to the Executive Appropriations Committee that includes: a summary of actions taken during the transition period; an accounting of all expenditures made during the transition period; confirmation that all program operations, records, and data have been properly transferred to new contracted entities; and verification that all temporary administrative duties have been terminated.