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 186-03 - Rules And Regulations Statewide Contract
Section 186-3-2 - Definitions
Current through Register Vol. XLI, No. 38, September 20, 2024
The following words and terms, when used in these regulations, shall have the following meaning, unless the context clearly indicates otherwise.
2.1. "Allocation" -- means the action taken by the CNA in designating the qualified vendor(s) that will produce definite quantities of commodities or perform specific services upon receipt of an order.
2.2. "CNA" -- means the Central Nonprofit Agency.
2.3. "Committee" -- means the Committee for the Purchase of Commodities and Services from the Handicapped.
2.4. "Commodities" -- means supplies, material, equipment and any other items used by or furnished to a spending unit.
2.5. "Contractual services" -- includes telephone, telegraph, electric light and power, water and similar services.
2.6. "Costing" -- means the determination made by the CNA and qualified vendors of the monies needed 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.
2.7. "Director" -- means the director of the purchasing division of the department of administration.
2.8. "Fair Market Price" -- means a reasonable price, set by the Committee and approved by the director, which can recover for the qualified vendor the cost of raw materials, labor, capital, overhead, CNA service charges and delivery costs.
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 this rule.
2.11. "Reserved or Set Aside" -- means commodities and services that are placed on the statewide contract.
2.12. "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.
2.13. "Small Business" -- means any person, firm, corporation, partnership or association actively engaged in business in the State of West Virginia who employs no more than fifty (50) people. Companies which are affiliated companies or which are eligible to file a combined tax return for state tax purposes shall be considered one employer.
2.14. "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.
2.15. "Statewide Contract" -- for purposes of these rules a contract between the division of purchasing and the CNA which lists all the commodities and services the committee has approved for the program and has set a fair market price.
