Oregon Statute | Act | Code |Title 24 Public Organizations For Community Service| US Code - US Statute | Chapter 279 Public Contracting

(1) If any public agency intends to procure any product or
service on the procurement list, that public agency shall, in accordance
with rules of the Oregon Department of Administrative Services, procure
such product or service, at the price established by the department, from
a qualified nonprofit agency for disabled individuals provided the
product or service is of the appropriate specifications and is available
within the period required by that public agency.

(2) In furthering the purposes of ORS 279.835 to 279.855, 279A.025
(4) and 279C.335, it is the intent of the Legislative Assembly that there
be close cooperation between the department, public contracting agencies
and qualified nonprofit agencies for disabled individuals. The department
on behalf of public contracting agencies and qualified nonprofit agencies
for disabled individuals is authorized to enter into such contractual
agreements, cooperative working relationships or other arrangements as
may be determined to be necessary for effective coordination and
efficient realization of the objectives of ORS 279.835 to 279.855,
279A.025 (4) and 279C.335 and any other law requiring procurement of
products or services. [1977 c.304 §5; 1989 c.224 §45; 2003 c.794 §229e]The following may purchase
equipment, materials, supplies and services through the Oregon Department
of Administrative Services in the same manner as state agencies as
provided in ORS 279A.140 to 279A.155 and 279A.250 to 279A.290:

(1) Qualified nonprofit agencies for disabled individuals
participating in the program set forth in ORS 279.835 to 279.855,
279A.025 (4) and 279C.335.

(2) Residential programs when under contract with the Department of
Human Services to provide services to youth in the custody of the state.

(3) Public benefit corporations, as defined in ORS 65.001, that
provide public services either under contract with a state agency, as
defined in ORS 171.133, or under contract with a unit of local
government, as defined in ORS 190.003, that funds the contract, in whole
or in part, with state funds. [1977 c.304 §7; 1989 c.224 §46; 1991 c.419
§1; 2001 c.900 §51; 2003 c.794 §229f]

As used in ORS
279.835 to 279.855:

(1) “Department” means the Oregon Department of Administrative
Services.

(2) “Direct labor” includes all work required for preparation,
processing and packing, but not supervision, administration, inspection
and shipping.

(3) “Disabled individual” means an individual who, because of the
nature of disabilities, is not able to participate fully in competitive
employment, and for whom specialized employment opportunities must be
provided.

(4) “Public agency” or “public contracting agency” means any agency
of the State of Oregon or any political subdivision thereof authorized by
law to enter into public contracts and any public body created by
intergovernmental agreement.

(5) “Qualified nonprofit agency for disabled individual” means a
nonprofit activity center or rehabilitation facility:

(a) Organized under the laws of the United States or of this state
and operated in the interest of disabled individuals, and the net income
of which does not inure in whole or in part to the benefit of any
shareholder or other individual;

(b) That complies with any applicable occupational health and
safety standard required by the laws of the United States or of this
state; and

(c) That in the manufacture of products and in the provision of
services, whether or not the products or services are procured under ORS
279.835 to 279.855, during the fiscal year employs disabled individuals
for not less than 75 percent of the work hours of direct labor required
for the manufacture or provision of the products or services. [1977 c.304
§3; 1983 c.690 §17; 1989 c.224 §42; 1991 c.93 §1; 1993 c.500 §34; 2001
c.104 §96; 2003 c.794 §229b]The purpose of ORS 279.835 to 279.855, 279A.025 (4)
and 279C.335 is to further the policy of this state to encourage and
assist disabled individuals to achieve maximum personal independence
through useful and productive gainful employment by assuring an expanded
and constant market for sheltered workshop and activity center products
and services, thereby enhancing their dignity and capacity for
self-support and minimizing their dependence on welfare and need for
costly institutionalization. [1977 c.304 §2; 1989 c.224 §43; 2003 c.794
§229c](1) It shall be the
duty of the Oregon Department of Administrative Services to:

(a) Determine the price of all products manufactured and services
offered for sale to the various public agencies by any qualified
nonprofit agency for disabled individuals. The price shall recover for
the workshops the cost of raw materials, labor, overhead, delivery costs
and a margin held in reserve for inventory and equipment replacement;

(b) To revise such prices from time to time in accordance with
changing cost factors; and

(c) To make such rules regarding specifications, time of delivery
and other relevant matters of procedure as shall be necessary to carry
out the purposes of ORS 279.835 to 279.855, 279A.025 (4) and 279C.335.

(2) The department shall establish and publish a list of sources or
potential sources of products produced by any qualified nonprofit agency
for disabled individuals and the services provided by any such agency,
which the department determines are suitable for procurement by public
agencies pursuant to ORS 279.835 to 279.855, 279A.025 (4) and 279C.335.
This procurement list and revisions thereof shall be distributed to all
public purchasing officers.

(3) The department may not delegate any duty imposed under this
section to any person or public agency outside of the department. [1977
c.304 §4; 1989 c.224 §44; 2003 c.794 §229d]

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