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