Ohio Administrative Code
Title 4115 - State Committee for the Purchase of Products and Services Provided By Persons with Severe Disabilities
Chapter 4115-7 - Certification of Agencies; Procurement List; Fair Market Pricing
Section 4115-7-05 - Committee decisions pertaining to an addition to the procurement list
Universal Citation: OH Admin Code 4115-7-05
Current through all regulations passed and filed through September 16, 2024
(A) The committee shall consider all information presented pertaining to suitability in each case in determining if a product or service is suitable for addition to the procurement list.
(B) The committee shall determine a product or service to be suitable for procurement if all of the following criteria are satisfied:
(1) Employment potential. The proposed
addition must demonstrate that it has a potential to generate employment for
persons with severe disabilities and is provided by a qualified nonprofit
agency for persons with severe disabilities which maintains an employment quota
of persons with severe disabilities of not less than seventy-five per cent of
the total man hours of direct labor on all production in accordance with
division (A) (4) of section
4115.31
of the Revised Code. It is strongly encouraged that on services valued at less
than fifteen thousand dollars annually, no less than fifty per cent of the
direct labor should be performed by persons with severe disabilities. Likewise,
on services valued at more than fifteen thousand dollars annually, it is
strongly encouraged that no less than sixty per cent of the direct labor should
be performed by persons with severe disabilities. Wage and leave benefits shall
be paid to persons with severe disabilities in accordance with federal, state,
and committee rules and regulations.
(2) Qualified nonprofit agency
qualifications. The nonprofit agency proposing to furnish the product or
service must qualify as a nonprofit agency serving persons with severe
disabilities as outlined in division (B) of section
4115.31
of the Revised Code, paragraph (C) of rule 4115-1-01 of the Administrative Code, and rule 4115-7-01 of the Administrative Code.
(3)
Capability. The qualified nonprofit agency desiring to furnish the product or
service must satisfy the committee of its ability to provide the extent of the
labor operations to be performed and have the ability to meet quality standards
and delivery schedules of the state agency, political subdivision or
instrumentality of the state by the time it assumes responsibility to provide
the product or service.
(4) Fair
market price. The product or service will be provided at fair market price
established by committee rules.
(5) Level of adverse impact. In deciding
whether the proposed addition to the procurement list would have an adverse
impact on the public or private sector contractor for the specific product or
service the committee will give particular attention to:
(a) Possible impact on current contractor's
sales.
(b) Whether the contractor
has been a continuous supplier of the product or service.
(c) Any substantive comments received as a
result of the public notice received prior to the committee meeting scheduled
for the consideration of the proposed addition of the product or service to the
procurement list.
(C) The qualified nonprofit agency and central nonprofit agency shall demonstrate that the suitability points under this rule are met.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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