63G-6-425 - Purchase from community rehabilitation programs.
63G-6-425. Purchase from community rehabilitation programs.
(1) As used in this section:
(a) "Board" means the Purchasing from Persons with Disabilities Advisory Board createdunder this section.
(b) "Central not-for-profit association" means a group of experts designated by the boardto do the following, under guidelines established by the board:
(i) assist the board with its functions; and
(ii) facilitate the implementation of board policies.
(c) (i) "Community rehabilitation program" means a program that is operated primarilyfor the purpose of the employment and training of persons with a disability by a governmentagency or qualified nonprofit organization which is an income tax exempt organization under 26U.S.C. Sec. 501(c)(3) of the Internal Revenue Code.
(ii) A community rehabilitation program:
(A) maintains an employment ratio of at least 75% of the program employees under theprocurement contract in question have severe disabilities;
(B) (I) complies with any applicable occupational health and safety standards prescribedby the United States Department of Labor; or
(II) is a supported employment program approved by the Utah State Office ofRehabilitation;
(C) has its principal place of business in Utah;
(D) produces any good provided under this section in Utah; and
(E) provides any service that is provided by individuals with a majority of whomdomiciled in Utah.
(d) "Person with a disability" means a person with any disability as defined by andcovered under the Americans with Disabilities Act of 1990, 42 U.S.C. 12102.
(2) (a) There is created the Purchasing from Persons with Disabilities Advisory Boardwithin the Division of Purchasing and General Services of the Department of AdministrativeServices. The board shall be composed of the following three members:
(i) the director of the Division of Purchasing and General Services created under Section63A-2-101 or a designee;
(ii) the executive director of the Utah State Office of Rehabilitation created underSection 53A-24-103 or a designee; and
(iii) a representative of the private business community who shall be appointed to athree-year term by the governor with the advice and consent of the Senate.
(b) The board shall meet, as needed, to facilitate the procurement of goods and servicesfrom community rehabilitation programs by a public procurement unit under this chapter by:
(i) identifying goods and services that are available from community rehabilitationprograms according to the requirements under Subsection (4);
(ii) approving prices in accordance with Subsection (4)(c) for goods and services that areidentified under Subsection (2)(b)(i);
(iii) developing, maintaining, and approving a preferred procurement contract list ofgoods and services identified and priced under Subsections (2)(b)(i) and (ii);
(iv) reviewing bids received by a community rehabilitation program; and
(v) awarding and renewing specified contracts for set contract times, without competitivebidding, for the purchase of goods and services under Subsection (4).
(c) The provisions of Subsections (2)(b) and (4)(a) are an exception to the procurementprovisions under this chapter.
(3) (a) The board may designate a central not-for-profit association, appoint its members,and establish guidelines for its duties.
(b) The designated central not-for-profit association serves at the pleasure of the boardand the central not-for-profit association or its individual members may be removed by the boardat any time by a majority vote of the board.
(c) Subject to the board guidelines and discretion, a designated central not-for-profitassociation may be assigned to perform the following duties:
(i) identify qualified community rehabilitation programs and the goods and services thatthey provide or have the potential to provide;
(ii) help ensure that goods and services are provided at reasonable quality and deliverylevels;
(iii) recommend pricing for goods and services;
(iv) reviewing bids and recommending the award of contracts under the board's direction;
(v) collecting and reporting program data to the board and to the division; and
(vi) other duties specified by the board.
(4) Except as provided under Subsection (6), notwithstanding any provision in thischapter to the contrary, each public procurement unit shall purchase goods and services producedby a community rehabilitation program using the preferred procurement contract list approvedunder Subsection (2)(b)(iii) if:
(a) the good or service offered for sale by a community rehabilitation program reasonablyconforms to the needs and specifications of the public procurement unit;
(b) the community rehabilitation program can supply the good or service within areasonable time; and
(c) the price of the good or service is reasonably competitive with the cost of procuringthe good or service from another source.
(5) Each community rehabilitation program:
(a) may submit a bid to the board at any time and not necessarily in response to a requestfor bids; and
(b) shall certify on any bid it submits to the board or to a public procurement unit underthis section that it is claiming a preference under this section.
(6) During a fiscal year, the requirement for a public procurement unit to purchase goodsand services produced by a community rehabilitation program under the preferred procurementlist under Subsection (4) does not apply if the Division of Purchasing and General Servicesdetermines that the total amount of procurement contracts with community rehabilitationprograms has reached $5 million for that fiscal year.
(7) In the case of conflict between a purchase under this section and a purchase underSection 63G-6-423, this section prevails.
Renumbered and Amended by Chapter 382, 2008 General Session