Current through Vol. 42, No. 7, December 16, 2024
(a)
Qualification to participate in the program. To ensure compliance
with the Act, the State Purchasing Director shall qualify individuals and
nonprofit agencies prior to contract award.
(b)
Individual qualification. An
individual shall apply for qualification to the State Use Program by submitting
the following documents to indicate the individual meets the statutory
definition of a person with significant disabilities, the individual shall
provide:
(1) a copy of the application and
supporting documentation the individual submitted to the Social Security
Administration for determination of disability and a copy of the final
disability determination from the Administration.
(2) a narrative report, prepared and signed
by a person licensed in the state of Oklahoma as a physician describing
physical disabilities, or a psychiatrist or psychologist describing mental
disabilities. The report shall fully describe the nature of the disability
constituting a substantial handicap to employment with supporting medical
records; and
(3) any additional
information the the State Purchasing Director may require related to work
history, vocational assessments, and work-related documents.
(c)
Qualified Organization
qualification. A nonprofit agency that has been approved by the Wage and
Hour Division of the U.S. Department of Labor as a sheltered workshop shall
apply for qualification to the State Use Program and submit the following
documents that indicate the nonprofit agency meets the requirements of a
qualified organization:
(1) a tax-exempt FEI
number issued by the IRS, or a certificate from the IRS verifying that the
entity meets the requirements for nonprofit status as defined by the IRS;
and,
(2) an affidavit that the
individual will perform 75% of the work to produce the products or services the
individual offers for procurement to the state; and
(3) a statement describing the nature and
extent as expressed in a percentage of the work a subcontractor, other person
or entity may perform to produce the products or services the nonprofit agency
provides per a contract the State Purchasing Director awards.
(4) a copy of certification as a sheltered
workshop issued by the U. S. Department of Labor.
(5) a current copy of the nonprofit agency's
certificate of insurance for worker's compensation insurance.
(d)
Continuation of
qualification. No later than January 31st of each year succeeding
initial qualification by the State Purchasing Director, the qualified
organizations shall provide evidence to the State Purchasing Director of
continued ability to qualify as follows:
(1)
A qualified nonprofit agency for persons with significant disabilities shall
submit:
(A) a current copy of its
certification as a sheltered workshop from the U.S. Department of Labor; and
(B) a report for products and
services on the State Use Program procurement schedule indicating the qualified
nonprofit agency for the person with significant disabilities total labor hours
in direct production by disabled workers and total agency labor hours in direct
production by non-disabled workers during the previous calendar year.
(C) a current copy of the qualified nonprofit
agency for the person with significant disabilities certificate of insurance
for worker's compensation insurance.
(2) An individual shall submit:
(A) a work history for the previous calendar
year that indicates the number of hours the individual worked and the number of
hours a subcontractor or other individuals worked in direct production of the
products and services on the State Use Program procurement schedule;
and
(B) a current physician,
psychiatrist or psychologist statement indicating the current status of the
condition which constitutes a substantial handicap to employment, which shall
include changes in the condition since the previous date of qualification by
the State Purchasing Director.
(e)
Failure to meet
qualifications. Whenever a qualified organization or an individual fails
to meet qualifications, the State Purchasing Director may:
(1) Remove the qualified organization or
individuals' products and services from the procurement schedule; or,
(2) Revoke the qualification of the qualified
organization; or,
(3) Cancel
awarded contracts to the qualified organization or
individual.
(f)
Notice of failure to meet qualifications. The State Purchasing
Director shall direct the contracting officer to send written notice to the
qualified organization or individual at least thirty days prior to the
effective date of the action taken pursuant to subsection (e) of this
section.
