|
ORA
Home Page
Who's Who
Member Services
Member Resources
Events
Qualified Rehabilitation Facilities (QRFs)
Professional Development
Legislative
Links
Classifieds
|
Exemptions from Public Contracting
Code
279A.025 Application of Public Contracting Code.
(1) Except as provided in subsections (2) to (4) of this section, the
Public Contracting Code applies to all public contracting.
(4) ORS 279A.200
to 279A.225 and 279B.050 to 279B.085 do not apply to contracts made with
qualified nonprofit agencies providing employment opportunities for
individuals with disabilities under ORS 279.835 to 279.855.
279C.335 Competitive bidding;
exceptions; exemptions.
(1) All public improvement contracts shall be based upon
competitive bids except:
(a) Contracts made with qualified
nonprofit agencies providing employment opportunities for individuals with
disabilities under ORS 279.835 to 279.855.
PRODUCTS OF INDIVIDUALS WITH DISABILITIES
279.835 Definitions for ORS 279.835 to 279.855. 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) “Individual with a
disability” 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
individuals with disabilities” 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 individuals
with disabilities, 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
individuals with disabilities 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; 2007 c.70 §62]
279.840 Purpose. 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 individuals with disabilities 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; 2007
c.70 §63]
279.845 Duties of Oregon Department of Administrative
Services; prices for products and services of nonprofit agency for
individuals with disabilities; sources of products and services; rules. (1)
It is 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 individuals with disabilities. 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 individuals with disabilities 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; 2007 c.70 §64]
279.850 Procurement of product or service;
agreements for procurement. (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 individuals with disabilities, 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 individuals
with disabilities. The department on behalf of public contracting agencies
and qualified nonprofit agencies for individuals with disabilities 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; 2007 c.70 §65]
279.855 Entities that may obtain goods and services
through Oregon Department of Administrative Services. 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
individuals with disabilities 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; 2007 c.70 §66]
Back to ORA QRF Page
|