West Virginia Code of State Rules
Agency 186 - Purchase Of Commodities And Services from The Handicapped
Title 186 - LEGISLATIVE RULE COMMITTEE FOR THE PURCHASE OF COMMODITIES AND SERVICES FROM THE HANDICAPPED
Series 186-01 - Rules And Regulations For Fair Market Price Determination
Section 186-1-2 - Definitions

2.1. "CNA" -- means the Central Nonprofit Agency.

2.2. "Committee" -- means the Committee for the Purchase of Commodities and Services from the Handicapped.

2.3. "Commodities" -- means supplies, material, equipment, contractual services, and any other things used by or furnished to a spending unit.

2.4. "Costing" -- means the determination made by the CNA and qualified vendors of the monies needed to be expended to produce a commodity or provide a service. This determination includes the cost of raw materials, supplies, labor costs, capital expenditures, equipment maintenance, overhead, administrative costs, CNA service charges, delivery costs, and other usual, customary, and reasonable costs of manufacturing, marketing, and distribution of a commodity or service.

2.5. "Director" -- means the director of the purchasing division of the department of administration.

2.6. "Fair Market Price" -- means a reasonable price, set by the Committee and approved by the director, which permits the qualified vendor to recover the cost of raw materials, labor, capital, overhead, CNA service charges and delivery costs.

2.7. "Functional capability" -- means an individual's ability to perform certain activities taking into consideration factors such as mobility, communication, self-care, self-direction, work tolerance or work skills. Functional capability can be determined on the basis of an evaluation of rehabilitation potential.

2.8. "Labor Costs" -- means the wages, fringe benefits (such as holiday, sick leave, insurance, etc.), and employment taxes paid by or on behalf of an employee.

2.9. "Non Profit Workshop", "workshop", and "rehabilitation facility" -- mean an establishment (a) where any manufacture or handiwork is carried on, (b) which is operated either by a public agency or by a cooperative or by a nonprofit private corporation or nonprofit association, in which no part of the net earnings thereof inures, or may lawfully inure, to the benefit of any private shareholder or individual, (c) which is operated for the primary purpose of providing remunerative employment to blind or severely disabled persons who cannot be absorbed into the competitive labor market, and (d) which shall be approved, as evidenced by a certificate of approval by the state division of rehabilitation services.

2.10. "Qualified Vendor," -- means a non profit workshop, workshop or rehabilitation facility as described in 2.9 of these rules.

2.11. "Reserved or Set Aside" -- means commodities and services that are placed on the statewide contract.

2.12. "Scope of Work" -- means the specifications, time tables, worker qualifications, materials and shipping regulations for a particular commodity or service.

2.13. "Services" -- means a product by labor when that product is not considered a tangible commodity. Services include, but are not limited to, janitorial service, printing, food service, microfilming, temporary labor, and grounds maintenance.

2.14. "Severely disabled" -- means an individual who has a severe physical, visual or mental disability resulting from injury, disease, or congenital defect, which creates a limiting condition to the person's functional capability to engage in competitive employment over an extended period of time.

2.15. "Spending unit" -- means a department, agency or institution of the state government for which an appropriation is requested, or to which an appropriation is made by the Legislature.

2.16. "Statewide Contract" -- means for purposes of these rules a contract between the division of purchasing and the CNA that lists all the commodities and services the committee has approved for the program and has set a fair market price.