reglab/statecodes huggingface dataset:
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 186-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The scope of these legislative rules involves the determination by the Committee for the Purchase of Commodities and Services from the Handicapped, of the fair-market price of commodities and services produced or supplied by workshops and rehabilitation facilities and offered for sale by the Central Non-Profit Agency "CNA", to the State and its political subdivisions.
1.2. Authority. -- W. Va. Code §
									5A-3A-5.
1.3. Filing Date. -- May 21, 2009.
1.4. Effective Date. -- July 1, 2009.
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 186-1-3 - Responsibilities of the Committee, the CNA, and state spending units

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Committee responsibility.
3.1.a. The Committee, subject to approval by the Director of Purchasing, shall determine the fair market price of all commodities and services provided by qualified vendors and offered for sale to State spending units. As outlined in 186CSR3, the Committee shall determine that the commodities and services provided by the qualified vendor are suitable for sale to the state.
3.1.b. The Committee has a duty to exercise stewardship of the State's resources as well as to the interests of people with disabilities.
3.1.c. To determine the fair market price of commodities or services the Committee must give due consideration to the following factors:
3.1.c.1. The cost of the commodities or services in similar quantities if purchased by the state from a qualified in-state vendor engaged in the business of selling or providing similar commodities or services as determined by the director;
3.1.c.2. To the extent applicable, the amount paid by the State in any recent purchases of similar commodities or services in similar quantities, making due allowance for general inflationary or deflationary trends as determined by the director;
3.1.c.3. The actual cost to the qualified vendor of manufacturing or providing the commodity or service; and
3.1.c.4. The usual, customary, and reasonable costs of manufacturing, marketing, and distribution.
3.1.d. The Committee has a duty to ensure that employee wages be at least federal minimum wage. If a qualified vendor wishes to compensate an employee more than the federal minimum wage a detailed explanation of why and how they determined the wage must be submitted to the CNA on the appropriate Committee approved form(s).
3.1.e. The fair market price may include a reasonable charge for overhead and profit, however it may not, be excessive or unreasonable.
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 186-1-4 - Pricing guidelines established by the Committee

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The guidelines are as follows:
4.1.a. The prices included in the statewide contract are the fair market prices established by the Committee.
4.1.b. Unless otherwise provided, fair market prices for commodities include shipping and handling costs charged by private couriers.
4.1.c. The fair market price established by the Committee for a service or commodity on the statewide contract remains in effect until a new fair market price is established. In addition to the criteria established in §3.1.c. of these rules, the new fair market price shall be based on (1) any changes in the scope of work or in tasks required by the procuring agency, (2) changes in labor costs, and/or (3) an increase of other costs related to the contract.
4.1.d. The fair market price shall apply for the service period determined by the contract. Until a new fair market price has been approved, the qualified vendor must continue to provide the service or commodity in accordance with the scope of work which was the basis for establishing the old fair market price.
4.1.e. During the service period, the spending unit and CNA may, by mutual written agreement, make minor modifications in the scope of work and total price of the service, provided the total price adjustment resulting from such modifications during the normal service period does not affect the total fair market price approved by the Committee by more than twenty percent (20%) or two thousand dollars ($2,000) whichever is less. A report of the agreement shall be made to the Committee by the CNA. Changes in scope which result in a change of more than twenty percent (20%) or two thousand dollars ($2,000), of the total annual price shall be processed as a price change for approval by the Committee.
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 186-1-5 - Initial Fair Market Price Determination Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The CNA shall use the following procedure to develop the initial fair market price to be recommended to the Committee.
5.1.a. The CNA shall request a copy of the most recent solicitation or contract (as required under 3.3.a. of this rule) of the service or commodity from the spending unit.
5.1.b. The CNA shall request a scope of work from the spending unit.
5.1.c. The qualified vendor must submit to the CNA all costs associated with fulfilling the contract on Committee approved forms and assist the CNA in establishment of the fair market price.
5.1.d. The CNA shall review and verify all costing information submitted by the qualified vendor.
5.1.e. Prior to submission to the Committee, the CNA shall submit a copy of the suggested fair market price to the spending unit. The spending unit is to notify the CNA of any objection in writing within ten (10) working days of receipt.
5.1.f. The CNA shall submit all costing information to the committee and comments from the spending unit using the appropriate forms(s) for approval.
5.1.f.1. Base Price -- Each time the committee determines the fair market price, a new base price is established.
5.1.f.2. The qualified vendor shall project costs for at least three (3) years in order to assist state spending units in future years.
5.1.g. The Committee shall review the proposal package submitted by the CNA to determine the fair market price. If additional information or clarification is needed by the committee the appropriate party(s) will be contacted.
5.1.h. The committee shall notify the CNA of the approved fair market price. The CNA shall notify the spending unit and qualified vendor of the committee's action.
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 186-1-6 - Fair Market Price Modifications

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The following procedure is used when either a spending unit requests a change in the scope of work/specifications or costing.
6.1.a. The qualified vendor or the spending unit shall submit to the CNA a request for a price change showing a breakdown of the change in the costs using forms provided by the Committee and other appropriate documentation as requested by the CNA or Committee; or
6.1.b. The qualified vendor or the spending unit shall submit to the CNA a request to change the scope of work for a current contract and the reason(s) for the change using forms approved by the Committee and appropriate documentation as requested by the CNA or Committee.
6.1.c. The CNA shall review and verify the breakdown of the changes in the qualified vendors costs.
6.1.d. Prior to submission of the fair market price change request to the Committee, the CNA shall submits a copy of the suggested fair market price to the spending unit. The spending unit is to notify the CNA of any objection in writing within ten (10) working days of receipt of the proposed price, otherwise concurrence with the proposed price shall be assumed.
6.1.e. The CNA shall submit the fair market price change request with supporting data to the Committee. The request is to be accompanied by the following:
6.1.e.1. A breakdown of changes in the qualified vendors cost using the committee approved form(s).
6.1.e.2. The objections and/or comments of the spending unit concerning the proposed fair market price change.
6.1.f. The Committee shall review the information submitted and establish the modified fair market price.
6.1.g. The Committee shall transmit the notice of the approved modified fair market price to the CNA. The CNA shall notify the spending unit and the qualified vendor of the Committee's action.
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 186-1-7 - Miscellaneous provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Qualified vendors who fail to avail themselves of the protection of W. Va. Code §
									5A-3-10, which exempts certain workshops and rehabilitation facilities from competitive bidding, may bid competitively on commodities or services without the involvement of the CNA or Committee, provided the commodities or services have not been "reserved" on the statewide contract.
7.2. A qualified vendor may elect to discontinue consideration of a project or to discontinue services if they cannot recover their production costs. The qualified vendor must give the CNA and the committee at least sixty (60) days written notice of their intent to discontinue service.
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 186-02 - Violations And Grievances › Section 186-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The scope of these procedural rules involves the handling of violations and grievances by the Committee for the Purchase of Commodities and Services from the Handicapped, "Committee."
1.2. Authority. -- W. Va. Code '5A-3A-4.
1.3. Filing Date. -- September 18, 1990.
1.4. Effective Date. -- October 19, 1990.
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 186-02 - Violations And Grievances › Section 186-2-2 - Violations

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Generally. -- When any regulation of the Committee or any of the applicable sections of the West Virginia Code has been violated, the following actions may be taken by the Committee:
2.1.1. In the event an alleged violation by a State purchasing agent is presented to the Committee, the agent shall be provided with information to correct the violation. If the alleged violation is deemed serious, the Committee, or a designee of the Committee, may conduct a conference with all parties involved, and report the findings to the Director of Purchasing for appropriate action.
2.1.2. In the event of an alleged violation by a participating workshop or rehabilitation facility, the Committee shall notify the participating workshop or rehabilitation facility of the violation and afford it an opportunity to submit a statement of facts and any other pertinent information.
2.1.2.a. Upon receipt of the statement of facts and any other pertinent information from the participating workshop or rehabilitation facility, the CNA shall also submit a statement of facts and any other pertinent information to the Committee, if requested.
2.1.2.b. The Committee shall issue a ruling on the materials submitted, unless a hearing is requested. Upon request that a hearing be held, the hearing shall be conducted in accordance with Section 4 of these regulations.
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 186-02 - Violations And Grievances › Section 186-2-3 - Grievances

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Presentation of Grievances Regarding Actions of Committee by Workshop or Rehabilitation Facility.
3.1.1. A workshop or rehabilitation facility with a grievance regarding actions of the Committee under the West Virginia Code or it regulations should discuss the issue with the Chairman of the Committee. If the matter is not satisfactorily resolved within forty-eight (48) hours after the request is made, the complaining agency or the CNA may submit written appeal to the Committee Chairman who will refer the matter to the full Committee for resolution. Upon receipt of the appeal, the Committee shall decide whether to grant a hearing or support the decision rendered by the Chairman at its next regular meeting.
3.1.2. All grievances, responses and appeals to the Committee shall be in writing. In the event a hearing is granted, the hearing shall be conducted in accordance with the provisions of Section 4 of these regulations.
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 186-02 - Violations And Grievances › Section 186-2-4 - Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Generally.
4.1.1. In the event a hearing is requested, the Committee shall determine whether a hearing shall be granted. The Committee shall have the authority to refuse to review for lack of merit.
4.1.2. In the event a hearing is granted, the Committee, or a hearing examiner designated by the Committee, shall conduct the hearing and make findings of fact and conclusions of law in issuing its ruling. If the hearing is conducted by a hearing examiner, the ruling of the examiner shall not become effective until approved by the Committee.
4.1.3. Hearings shall consider written and oral presentations, as well as objective, documented evidence supporting the grievance and attempt(s) to seek resolution. A record of the grievance hearing shall be taken by the Recorder of the Committee, shall include copies of all written evidence submitted, and shall be duly filed with the Recorder. Appeals of rulings of the Committee shall be made in accordance with the West Virginia Code.
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 186-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The scope of this legislative rule includes the determination and revision of the statewide contract by the Committee for the Purchase of Commodities and Services from the Handicapped, and the Director of the Purchasing Division of the Department of Administration.
1.2. Authority. -- W. Va. Code §
									5A-3A-5.
1.3. Filing Date. -- May 21, 2009.
1.4. Effective Date. -- July 1, 2009.
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 186-3-3 - Statewide Contract

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The CNA must provide to the Committee a list of commodities and services available from qualified vendors for consideration for the statewide contract. The following information must be provided to the committee prior to making such determination:
3.1.a. All costs and pricing information for use in the determination of the fair market price by the Committee.
3.1.a.1. For commodities identify the item description, the specification identification, the lead time for purchase of materials, the delivery or completion time, the production or preparation time, the price, the state identification numbers required and other pertinent information considered necessary by the procuring agencies, purchasing division, or CNA.
3.1.a.2. For services identify the type of service to be provided, the area(s) and/or spending units to be served, as well as information on processing, the lead time for purchase of materials, the delivery or completion time, production or preparation time, the state identification numbers and other pertinent information.
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 186-3-4 - Development of Commodities and Services for the Statewide Contract

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. When two (2) or more qualified vendors have the ability to produce the same or similar commodities or services, the Committee has the discretion to establish the priority of commodities or services for inclusion on the statewide contract.
4.2. The qualified vendor first proposing a commodity or service through the CNA for inclusion on the statewide contract is given first choice to produce a commodity or provide a service.
4.3. Commodities or services to be considered for development may originate from a qualified vendor, the CNA, or a State spending unit.
4.3.a. A qualified vendor must submit to the Committee documentation evidencing product development within ninety (90) days, in order to be given priority for set aside.
4.3.a.1. The qualifying vendor proposing a commodity or service shall complete all action necessary to place the commodity or service on the statewide contract within nine (9) months after the request that the commodity or service be set aside. If within nine (9) months the qualified vendor has not completed action, the committee may reassign the commodity or service to another qualified vendor capable of producing the commodity or performing the service. Provided, that the qualified vendor is prepared to take prompt action to submit a proposal to place the commodity or service on the statewide contract. Priority on reassignment is determined by the order in which the qualified vendor proposed the commodity or service for addition to the statewide contract.
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 186-3-5 - Distribution of Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The CNA shall distribute orders from the State only to qualified vendors approved by the Committee to produce the commodity or to perform a service on the statewide contract.
5.2. When the Committee has approved two or more qualified vendor's to produce a specific commodity, or to perform a particular service, the CNA shall distribute orders among those facilities in accordance with an assignment policy approved by the committee.
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 186-3-6 - Exceptions

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Director of Purchasing, upon advice of the Committee or the CNA, may grant exceptions to the requirement that commodities or services listed on the statewide contract be purchased from qualified vendors in any situation where the commodity or service so produced or provided does not meet the reasonable requirements of the spending unit or cannot be reasonably provided by a qualified vendor. No spending unit may evade the intent of this section when required commodities or services are reasonably available from qualified vendors.
6.1.a. The CNA shall grant an exception in writing for a spending unit, to procure from commercial sources commodities or services on the statewide contract when the qualified vendor cannot furnish a commodity or service within the time period specified by the spending unit or when the quantity involved is insufficient for economical production or provision by the qualified vendor. The CNA shall report exceptions to the committee.
6.1.b. A reasonable time shall be given to the CNA to determine whether a qualified vendor can produce and supply the commodity or service.
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 186-3-7 - Quality of Commodities and Services

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Commodities furnished by qualified vendors shall be manufactured in strict compliance with government specifications. Where no specifications exist, commodities produced shall be of the highest quality and comparable to similar items available on the commercial market. The CNA and qualified vendors shall inspect commodities utilizing nationally recognized methods and procedures for sampling and inspection.
7.2. Services provided by qualified vendors are performed in accordance with government specifications and standards. Where no specifications or standards exist, the service is performed in accordance with good commercial practices.
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 186-3-8 - Specification Changes

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Specifications cited in the statewide contract may be revised when needed to keep current with industry changes and government needs.
8.2. When a spending unit is changing the design or construction of a commodity on the statewide contract, the Committee and CNA shall be notified of the contemplated change prior to the effective date. A reasonable time shall be given to qualified vendors in which to redesign or retool and incorporate the change.
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 186-3-9 - Production of Commodities and Value Added

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Qualified vendors shall seek broad competition in the purchase of raw materials and components used in the commodities and services provided to the State. Qualified vendors shall consult with the CNA before entering into multi-year contracts for raw materials or components used in the commodities and services provided to the State.
9.2. In the production of commodities, a qualified vendor shall make a value added contribution to the commodity by the reforming of raw materials, package modification, assembly of components, installation, warehousing, handling or a combination thereof. Shipments of commodities from a non-certified provider directly to the State may not be sold under the statewide contract.
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 186-3-10 - Allocation of Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. When a qualified vendor is unable to meet specification or delivery requirements, the CNA may allocate orders to another qualified vendor. Notice of this action is given to the Executive Secretary of the Committee.
10.2. Purchase Orders.
10.2.a. Purchase orders shall contain:
10.2.a.1. For commodities -- qualified vendor's name, address and federal tax identification number; commodity class and number; the latest specifications, quantity, unit price, item description; and the place and time of delivery.
10.2.a.2. For services -- the type and location of service required; the latest specifications; the work to be performed; the estimated volume and time for completion.
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 186-3-11 - Adjustment or Cancellation of Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. When the CNA, or qualified vendor fails to comply with the terms and conditions of a government order, the spending unit shall make reasonable efforts to negotiate adjustments before taking action to cancel the order. When a government order is cancelled for failure to comply with its terms and conditions, the CNA is notified, and if practical, requested to reallocate the order. The CNA shall notify the Committee of any cancellation of an order and the reasons for cancellation.
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 186-3-12 - Shipping and Packing

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Commodities shall be shipped freight (FOB destination). Delivery is accomplished when a shipment is received and accepted by the spending unit. Time of delivery is the date stated on the spending units purchase order.
12.2. Standard packing information shall be provided in the order, unless otherwise stated in the contract.
12.3. Subject to approval by the Committee, the CNA, when it considers necessary, may request payment from procuring agencies for set-up costs or costs incurred related to unusual delivery requests of commodities.
12.4. Unless otherwise provided, routine correspondence or inquiries concerning deliveries of commodities being shipped from or performance of service by a qualified vendor is to be maintained by the CNA.
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 186-3-13 - Payments

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Payments for commodities and services of a qualified vendor are due immediately after receipt of the shipment or receipt of a correct invoice or voucher and acceptance by the spending unit.
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 186-04 - Rules For Qualifications For Participation › Section 186-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The scope of this legislative rule is to set forth the qualifications for participation under the provisions of W. Va. Code §
									5A-3-10.
1.2. Authority. -- W. Va. Code §
									5A-3A-5.
1.3. Filing Date. -- May 21, 2009.
1.4. Effective Date. -- July 1, 2009.
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 186-04 - Rules For Qualifications For Participation › Section 186-4-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following words and terns, when used in this rule, have the following meanings, unless the context clearly indicates otherwise:
2.1. "Eligible Rehabilitation and Employment Oriented Organizations" -- means any nonprofit workshop or Community Rehabilitation Program (Qualified CRP) that directly provides or facilitates the provision of vocational rehabilitation services to individuals with disabilities to enable those individuals to maximize their opportunities for employment, including career advancement.
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, materials, equipment, contractual services, and any other articles or things used by or furnished to a department, agency or institution of state government.
2.5. "DRS" -- means the West Virginia Division of Rehabilitation Services.
2.6. "Functional capability" -- means an individuals 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.
2.7. "Non-profit Workshops" -- shall be defined as stated in W. Va. Code §
									5A-1-1 and shall also include Qualified Community Rehabilitation Programs.
2.8. "Qualified Community Rehabilitation Programs (CRP)" -- means a Community Rehabilitation Program that has been approved as an acknowledged vendor of rehabilitation services by the Division of Rehabilitation Services, and has been approved as a participant in the state use program by the Committee for the Purchase of Commodities and Services from the Handicapped, as evidenced by meeting all program qualifications, including all appropriate state and federal regulations.
2.9. "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.
2.10. "Worker with Disabilities" -- 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.
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 186-04 - Rules For Qualifications For Participation › Section 186-4-3 - Qualification for Program Participation

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Requirements. -- In order for a Qualified Community Rehabilitation Program to qualify for participation in the program under the provisions of W. Va. Code § 5A-3-l0, it shall file the following documents with the CNA on behalf of the Committee:
3.1.a. An appropriately signed application, which includes the following attachments:
3.1.a.1. A copy of the Internal Revenue Service letter indicating that the Qualified CRP has been accepted as a nonprofit entity for taxation purposes, or is a state agency which operates in the interest of individuals with disabilities, and that no part of its net income inures to the benefit of any shareholder or other individual.
3.1.a.2. A copy of the articles of incorporation showing date of filing and signature of the appropriate state official, if the Qualified CRP is incorporated.
3.1.a.3. A copy of the Qualified CRP's by-laws showing certification by an officer of the corporation.
3.1.a.4. The current certificate(s) issued by the US Department of labor authorizing wage payments pursuant to 29 U.S.C. §214 (c), if commensurate wages are paid.
3.1.a.5. A copy of the letter showing that the Qualified CRP is registered and in good standing with the Secretary of State as a charitable organization pursuant to WV Code §
											29-19-1.
3.1.a.6. A current listing of the officers of the corporation with names, addresses and telephone numbers.
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 186-05 - Rules For Monitoring The Central Nonprofit Agency › Section 186-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The scope of this procedural rule involves the monitoring of the Central Nonprofit Agency by the Committee for the Purchase of Commodities and Services from the Handicapped in relation to the Central Nonprofit Agency's compliance to statutory requirements, contract requirements and other performance standards set forth by the Committee for the Purchase of Commodities and Services from the Handicapped and in other sections of the code and rules.
1.2. Authority. -- W. Va. Code §
									5A-3A-4.
1.3. Filing Date. -- May 21, 2004.
1.4. Effective Date -- June 21, 2004.
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 186-05 - Rules For Monitoring The Central Nonprofit Agency › Section 186-5-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
1) "Committee" - means the Committee for the Purchase of Commodities and Services from the Handicapped
2) "CNA" - means the Central Nonprofit Agency
3) "Program fee" - means the fee charged by the Central Nonprofit Agency for the administration and implementation of the program as referred to as the "CNA Service Charge" in rule 186CSR1.
4) "CRP" - also known as a Community Rehabilitation Program - means a nonprofit workshop as defined in W. Va. Code §
									5A-1-1.
5) "Persons With Disabilities" - means "blind or severely disabled persons" as noted in §5A-1-1; "disabled persons" as noted in W. Va. Code §
									5A-3A-1; "handicapped citizens" and "handicapped" as noted in W. Va. Code §
									5A-3A-4(b) and "handicapped workers" as noted in W. Va. Code §
									5A-3A-4(d).
6) "State Use Program" - means the program as defined in W. Va. Code §§
									5A-3-10- and Section 5A-3A-1 et seq.
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 186-05 - Rules For Monitoring The Central Nonprofit Agency › Section 186-5-3 - Committee Responsibilities

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Committee will develop performance standards annually, prior to the end of the calender year, for the CNA for the purpose of advancing the employment of persons with disabilities through the state use program.
3.2. The Committee will have oversight over the revenues and expenses associated with the program fee to assure that said funds are used for the promotion, development and operation of the state use program and advancing the employment of persons with disabilities.
3.3. The Committee shall develop guidelines for the assignment of contracts associated with the state use program which shall be followed by the central non-profit agency.
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 186-05 - Rules For Monitoring The Central Nonprofit Agency › Section 186-5-4 - CNA Responsibilities

Current through Register Vol. XLI, No. 28, July 12, 2024
Annually the CNA will develop and review an action plan to achieve and implement the performance standards as set forth by the Committee. The plan may include, but not be limited to goals for the following;
(1) Number of persons with disabilities to be employed
(2) Sales of commodities and services
(3) Wages paid to persons with disabilities
(4) Hours worked by persons with disabilities
(5) Responsiveness to customer inquiries and/or complaints
(6) Quality standards for participating CRPs
(7) Training activities to increase CRP capability and efficiency
(8) Financial Controls
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 186-05 - Rules For Monitoring The Central Nonprofit Agency › Section 186-5-5 - Compliance

Current through Register Vol. XLI, No. 28, July 12, 2024
To ensure compliance with the CNA action plan the Committee will conduct an ongoing review with an annual summarial review of the CNA's abilities to meet the performance standards and the implementation of the action plan. The Committee will forward a copy of this annual review to the CNA's governing body and to the Director of the West Virginia Division of Rehabilitation Services. At the Committee's sole discretion, it will make a recommendation to the Director of the West Virginia Division of Rehabilitation Services regarding the current organization's status as the approved CNA.
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 186-05 - Rules For Monitoring The Central Nonprofit Agency › Section 186-5-6 - Annual Budget

Current through Register Vol. XLI, No. 28, July 12, 2024
The CNA shall provide to the Committee an annual budget on or before the Committee's May meeting, which reveals all revenues, expenses and earnings prior to the beginning of the CNA's fiscal year that must be approved by the Committee. This budget shall detail how the program fee is being allocated to directly support the program and what amounts are being devoted to expanding direct services to programs that enhance employment of persons with disabilities and what percentage of funds will be used for administrative overhead, such as salaries. Any revisions to said budget must be approved by the Committee in advance of the budgetary revision and transfer of funds.
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 186-05 - Rules For Monitoring The Central Nonprofit Agency › Section 186-5-7 - Purpose of Annual Review

Current through Register Vol. XLI, No. 28, July 12, 2024
The CNA will make available to the Committee for the purpose of conducting its annual review of the CNA the following:
(1) An annual action plan prior to the beginning of the fiscal year which will meet or exceed Committee performance standards.
(2) Documented outcomes of the CNA's annual plan at the conclusion of the fiscal year.
(3) An audited financial statement at the conclusion of the fiscal year. It will include details on cash balances, earnings attributable to the program fee for the program, accounts receivable, accounts payable, cash reserves, line of credit borrowing, interest payments, bad debts, administration overhead and any detailed supporting documentation requested by the Committee.
(4) Monthly reports of categories of sales and accounts receivable in a reporting format approved by the Committee.
(5) Quarterly reports of its contracted sales of commodities and services, wages paid, and hours worked by persons with disabilities for all CRPs participating in the program.
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 186-05 - Rules For Monitoring The Central Nonprofit Agency › Section 186-5-8 - Independent Audit

Current through Register Vol. XLI, No. 28, July 12, 2024
The Committee may request the appropriate office of State government to perform an independent audit of the service fee set for the CNA and the financial condition of the CNA.
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 186-05 - Rules For Monitoring The Central Nonprofit Agency › Section 186-5-9 - Community Rehabilitation Program

Current through Register Vol. XLI, No. 28, July 12, 2024
A person or organization may not operate a CRP and at the same time be approved by the director of the West Virginia Division of Rehabilitation Services as the CNA.
In the event of an emergency situation, the CNA may only temporarily maintain a contract until another qualified CRP is assigned and any revenues shall benefit the state use program as directed by the Committee.
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 186-05 - Rules For Monitoring The Central Nonprofit Agency › Section 186-5-10 - State Use Program

Current through Register Vol. XLI, No. 28, July 12, 2024
The services provided through the provisions of the state use program through the CNA shall be rendered impartially to all CRPs approved by the Committee in accordance with qualifications set forth in the legislative rules.
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 186-05 - Rules For Monitoring The Central Nonprofit Agency › Section 186-5-11 - Review

Current through Register Vol. XLI, No. 28, July 12, 2024
The Committee must annually review the program fees charged by the CNA. The maximum charged by the CNA for its services must be computed as a percentage of the selling price of the commodity or service, and must be included in the selling price or contract price. The program fee must be remitted to the CNA at the time of payment by the customer. The fee approved by the Committee is for the management, promotion, and adherence to the requirements of the CNA as referred in applicable West Virginia Code and Legislative Rules.
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 186-05 - Rules For Monitoring The Central Nonprofit Agency › Section 186-5-12 - Formal Recommendation

Current through Register Vol. XLI, No. 28, July 12, 2024
The Committee may issue a formal recommendation to the Director of the West Virginia Division of Rehabilitation Services to approve an alterative CNA, or to issue an emergency approval of a new organization to serve as the program's CNA if any of the following occur;
(1) The current CNA ceases operations
(2) The CNA gives notice that it cannot accomplish the performance standards set forth by the Committee or implement the action plan
(3) The Committee's review of the CNA results in disapproval of its performance.
West Virginia Code of State Rules › Agency 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-01 - Franchising Procedures › Section 187-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope. -- This emergency rule establishes the franchising procedures
				set forth for compliance with the West Virginia Cable Television
				Systems Act, W. Va. Code §§ 5-18-1 et seq.
1.2. Authority -- W. Va. Code
				§ 5-18-6(g).
1.3.
				Filing Date --
1.4.
				Effective Date --
West Virginia Code of State Rules › Agency 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-01 - Franchising Procedures › Section 187-1-2 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. No
				cable television franchise shall be granted in this state unless it
				is awarded in compliance with the procedures set forth in this rule
				and in compliance with the West Virginia Cable Television Systems
				Act, W. Va. Code §§ 5-18-1 to -18-30. Except as hereinafter
				provided, sections 3, 4, 5, 6, 7, and 8 of this rule govern the
				procedure for franchising areas where no cable operator has conducted
				business in the past. Section 9 of this rule governs the procedure
				for renewing franchises which expire. Section 10 governs the
				procedure for franchising cable operators who have provided cable
				service to an area in the past without a franchise. Section 11
				governs the procedure for approving transfers of existing
				franchises.
West Virginia Code of State Rules › Agency 187 - Cable TV Advisory Board › Title 187 - LEGISLATIVE RULES CABLE TELEVISION ADVISORY BOARD › Series 187-01 - Franchising Procedures › Section 187-1-3 - Request for proposals

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Prior to inviting applications
				for any cable television franchise, a franchising authority shall
				adopt a request for proposals that shall contain, but need not be
				limited to, the following:
3.1.1. A
				description of the cable television system desired by the franchising
				authority, including any system specifications established by the
				West Virginia Cable Television Advisory Board.
3.1.2. A statement specifying that
				applicants must use the application form established by the West
				Virginia Cable Television Advisory Board.
3.1.3. A statement indicating the
				fee to be submitted with the application, and the manner in which
				such fee is to be submitted.
3.1.4. A statement that all
				applications must contain the information required by section 5 of
				this rule.
3.1.5. The
				closing date for the submission of applications (which shall be the
				same as that contained in the public notice).
3.1.6. The name, address, and
				telephone number of the officials who may be contacted for further
				information.