(A) Any community rehabilitation program
seeking certification as a qualified nonprofit agency will apply to the
department of administrative services ("the department") on a form
provided by and in a manner prescribed by the department.
(B) To qualify for certification the
community rehabilitation program will provide the department with the
following:
(1) A completed
application with the duly notarized signature of its chief executive
officer;
(2) A copy of its mission
statement and by-laws that document its purpose as providing employment and
training opportunities for persons with work-limiting
disabilities;
(3) A legible copy of certification by
the Ohio secretary of state indicating that the community rehabilitation
program is a nonprofit corporation according to Chapter 1702. of the Revised
Code;
(4) A legible copy of a letter of
determination issued by the United States internal revenue service indicating
the community rehabilitation program's status as a tax exempt
entity;
(5) A legible copy of a current, valid
certificate issued to the community rehabilitation program by the United States
department of labor's wage and hour division permitting the payment of
wages that are commensurate to the productivity of a person with a
work-limiting disability if applicable;
(6) A statement of assurance, with the
duly notarized signature of its chief executive officer, of current and ongoing
compliance with all applicable occupational health and safety laws, rules,
standards, and codes promulgated by the federal government and this
state;
(7) A statement of assurance, with the
duly notarized signature of its chief executive officer, of the
following:
(a) That the annual total of all direct labor furnished by
the community rehabilitation program in the manufacture of goods and provisions
of services whether or not related to the federal or state government set aside
programs, is at a quota of not less than seventy-five per cent provided by
persons with work-limiting disabilities.
(b) Direct labor provided at any work site that is separate
from the community rehabilitation program's primary address, and is
performed between the hours of seven a.m. and eleven p.m. is at a cumulative
annual quota of not less than sixty per cent provided by persons with
work-limiting disabilities.
(c) Direct labor provided at any work site that is separate
from the community rehabilitation program's address, and is performed
between the hours of one minute after eleven p.m. and six fifty-nine a.m. is
exempt from consideration when computing compliance to the specific work site
quota, or the cumulative annual quota regarding the provision of labor by
persons with work-limiting disabilities.
(d) Direct labor provided at any work site that is separate
from the community rehabilitation program's primary address, and is
performed during the first sixty days of a newly awarded contract is exempt
from consideration when computing the compliance to individual site quota
regarding the provision of labor by persons with work-limiting
disabilities.
(C) Upon receipt, review and approval of
the application and other required documentation, the department will certify a
community rehabilitation program as a qualified nonprofit agency. A
certification may be issued for a period of three years.
(D) A community rehabilitation program
may renew its certification by submitting a renewal application up to ninety
days prior to expiration of its current certification on a form and in a manner
prescribed by the department. Failure to apply for recertification in a timely
manner may result in the denial of recertification and the need to submit a new
application.
(E) The department will inform each
community rehabilitation program of a decision of certification or
recertification, in writing. If the department determines that a community
rehabilitation program does not adequately demonstrate that it meets the
certification provisions set forth in this section, the department will state
the basis for the decision in writing to the affected community rehabilitation
program.
(F) The department may suspend or revoke a current certification,
or deny renewal of a community rehabilitation program's certification as a
qualified nonprofit agency, if any of the following circumstances
occur:
(1) The community
rehabilitation program no longer meets the criteria set forth in this section,
and in sections 125.60 to 125.6012 of the Revised Code;
(2) The department
determines that the community rehabilitation program is not adequately
performing its responsibilities pursuant to all applicable contract
terms;
(3) The community
rehabilitation program fails to timely provide the department with any reports
set forth in rules 123:5-3-04 and 123:5-3-05 of the Administrative
Code;
(4) The department
determines that suspension, revocation or denial is in the best interest of the
state;
(5) The community
rehabilitation program fails to satisfactorily respond to or cure all
complaints to vendor filed by a government ordering office; or
(6) The community
rehabilitation program intentionally misrepresented material facts in the
application or recertification process.
(G) Suspension or revocation of certification as a qualified
nonprofit agency may cause the immediate cancellation of all contracts or
agreements to purchase goods or services from the community rehabilitation
program.
(H) The department's determinations concerning certification
are final.
