4115-7-05 Committee decisions pertaining to an addition to the procurement list.

(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.

(C) The qualified nonprofit agency and central nonprofit agency shall demonstrate that the suitability points under this rule are met.

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: 10/9/97