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

Current through all regulations passed and filed through July 1, 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.