Chapter 4115-5 State Use Committee; Central Nonprofit Corporation

4115-5-01 Committee membership.

The committee shall be composed ex officio of the following persons or their designees:

(A) The director of the department of administrative services;

(B) The executive director of the rehabilitation services commission;

(C) The director of the department of mental health;

(D) The director of the department of commerce;

(E) The administrator of the bureau of workers' compensation;

(F) The secretary of state;

(G) The director of the department of transportation;

(H) The director of the department of natural resources;

(I) One representative of a purchasing department of a political subdivision who is designated by the governor;

(J) The director of the department of mental retardation and developmental disabilities;

(K) A person with a severe disability appointed by the governor; and

(L) Two representatives of a qualified nonprofit agency appointed by the governor.

Eff 9-29-77; 10-9-97; 4-24-03
Rule promulgated under: RC 119.03
Rule authorized by: RC 4115.33
Rule amplifies: RC 4115.31 to 4115.35
R.C. 119.032 review dates: 02/06/2003 and 04/07/2008

4115-5-02 Duties and powers of the committee for the purchase of products and services provided by, persons with severe disabilities.

(A) The committee shall:

(1) Establish rules to assure the effective and efficient administration of the program implemented by section 4115.31 to 4115.35 of the Revised Code.

(2) Establish, maintain, and publish a procurement list of all products and site-specific services pursuant to division (A) (3) of section 4115.33 of the Revised Code.

(3) Determine which products and site-specific services are suitable for procurement by government from qualified nonprofit agencies who employ persons with severe disabilities and add those items to the committee procurement list.

(4) Add or remove products or service sites from the procurement list as necessary utilizing the processes outlined in relevant sections of the rules pertaining to committee decisions, the procurement list, and determination of suitability.

(5) Utilize pricing rules to verify the fair market price for items added to the procurement list and revise those prices in accordance with changing market conditions to assure that the prices established are reflective of the market and do not recover any profit.

(6) Inform and educate governmental procurement entities regarding the statutory mandate of section 4115.34 of the Revised Code and the products and services on the procurement list and encourage and assist governmental procurement entities to identify additional products and services that can be purchased from qualified nonprofit agencies.

(7) Approve catalogues produced by the central nonprofit agencies for the purpose of marketing or educating the public about the program implemented by sections 4115.31 to 4115.35 of the Revised Code.

(8) Establish criteria, pursuant to division (A) (4) of section 4115.33 of the Revised Code, for determining what constitutes a substantial barrier to employment that prevents persons with severe disabilities from currently engaging in normal competitive employment.

(9) Certify, as provided in rule 4115-7-01 of the Administrative Code, all qualified nonprofit agencies meeting the requirements of division (B) of section 4115.31 of the Revised Code and applying for participation in the program implemented by sections 4115.31 to 4115.35 of the Revised Code.

(10) Establish procedures for the operation of each central nonprofit agency approved under section 4115.35 of the Revised Code.

(B) The committee may adopt rules in accordance with Chapter 119. of the Revised Code that do either or both of the following:

(1) Establish pilot programs to improve the administration of sections 4115.31 to 4115.35 of the Revised Code.

(2) Establish a fee structure for each central nonprofit agency approved under section 4115.35 of the Revised Code.

(C) The committee may conduct a continuing study and evaluation of its activities pursuant to division (C) of section 4115.33 of the Revised Code for the purpose of assuring effective and efficient administration of the responsibilities and duties with which it is charged. On its own or in cooperation with other public or nonprofit private agencies, the committee may study problems relating to employment of persons with severe disabilities, and to the development and adaptation of production methods which would enable greater utilization of persons with severe disabilities.

R.C. 119.032 review dates: 04/07/2003 and 04/07/2008

Promulgated Under: 119.03

Statutory Authority: 4115.33

Rule Amplifies: 4115.31 , 4115.32 , 4115.33 , 4115.34 , 4115.35

Prior Effective Dates: 9/29/77, 10/11/91 (Emer.), 12/21/91, 10/9/97

4115-5-03 Central nonprofit agencies' responsibilities.

The central nonprofit agencies, as defined in rule 4115-1-01 of the Administrative Code, shall have the following responsibilities:

(A) Represent qualified nonprofit agencies before the committee under the state use program.

(B) Evaluate the qualifications and capabilities of qualified nonprofit agencies and provide the committee with pertinent data concerning their status as qualified nonprofit agencies, their manufacturing or service capabilities, and other information required by the committee.

(C) Recommend to the committee suitable products or services for procurement from qualified nonprofit agencies with appropriate justification for recommended prices.

(D) Distribute within the policy guidelines of the committee (by direct allocation, or any other means) orders from government purchasing entities among qualified nonprofit agencies.

(E) Maintain the necessary records and data on qualified nonprofit agencies to enable it to allocate orders equitably.

(F) Oversee qualified nonprofit agencies to insure contract compliance in the production of a product or performance of a service.

(G) As market conditions change, recommend price revisions with appropriate justification for products or site-specific services on the procurement list.

(H) Monitor, in association with the committee, the activities of qualified nonprofit agencies to ensure compliance with sections 4115.31 to 4115.35 of the Revised Code and rules 4115-1-01 to 4115-7-17 of the Administrative Code.

(I) Enter, as necessary, into contracts with government procuring entities for the furnishing of products or site-specific services provided by the qualified nonprofit agencies.

(J) Submit to the committee a comprehensive annual report for each fiscal year concerning the operations of the qualified nonprofit agencies under the act, including significant accomplishments and developments, and such other details as the central nonprofit agency considers appropriate or the committee may request. The annual report shall also include the most recent audit report on the central nonprofit agency. This report will be submitted by December twenty-sixth following the fiscal year ending the preceding June thirtieth.

(K) Pay the qualified nonprofit agencies within thirty days of receipt of an accurate invoice from the qualified nonprofit agencies.

(L) Submit to the committee an annual budget.

(M) Submit to the committee a monthly financial statement.

(N) Plan, finance, organize and hold an annual meeting of qualified nonprofit agencies, ordering offices and the committee.

(O) Serve as a resource for work-related adaptive technology to qualified nonprofit agencies.

(P) Keep logs or other documentation of technical assistance provided to qualified nonprofit agencies including, but not limited to, the cost and hours of such technical assistance.

(Q) Keep logs or other documentation detailing the dedication of hours and cost spent on public relations programs.

R.C. 119.032 review dates: 04/07/2003 and 04/07/2005

Promulgated Under: 119.03

Statutory Authority: 4115.33

Rule Amplifies: 4115.31 , 4115.32 , 4115.33 , 4115.34 , 4115.35

Prior Effective Dates: 9/29/77, 10/11/91 (Emer.), 12/21/91, 10/9/97, 2/1/99

4115-5-04 Violations of the, state use program law, rules or regulations.

When it comes to the attention of the committee that any rule of the state use committee or any of the applicable sections of the Revised Code has been violated, the committee shall notify the participating qualified nonprofit agency or central nonprofit agency of the violation and afford it an opportunity to submit a statement of facts and evidence.

The committee shall conduct a hearing or designate a hearing examiner to make findings of fact and conclusions of law after investigating and analyzing together with the statements of fact and evidence from the central nonprofit agency and the qualified nonprofit agency to determine whether the qualified nonprofit agency site-specific service or product under investigation should be removed from the procurement list.

R.C. 119.032 review dates: 04/07/2003 and 04/07/2008

Promulgated Under: 119.03

Statutory Authority: 4115.33

Rule Amplifies: 4115.31 , 4115.32 , 4115.33 , 4115.34 , 4115.35

Prior Effective Dates: 9/29/77, 10/9/97