Cal. Code Regs. tit. 9 § 7215.1

Current through Register 2024 Notice Reg. No. 25, June 21, 2024

Section 7215.1 - Interim Vending Facility; Announcement; Interviews; Selection of a Vendor

(a) The Business Enterprises Program for the Blind (BEP) shall announce the availability of an interim vending facility by issuing a DR 460, Vending Facility Announcement (Rev. 09/09), incorporated by reference herein. At least five calendar days prior to the deadline for submitting applications, the BEP shall post the announcement on the Department's website, record the announcement on a telephone based information system that is available to licensees and vendors, and provide the announcement to the California Vendors Policy Committee. Upon request, the BEP shall also provide the announcement in an appropriate mode of communication, to the extent possible, consistent with Code of Federal Regulations, title 34, part 361.5(b)(5) and Welfare and Institutions Code section 19013.5(b). Such modes of communication may include providing the announcement in large print, Braille, on audiotape, 3.5" diskette, or compact disk, and transmitting announcement electronically.

(b) To apply for an interim vending facility, a licensee or vendor must submit a DR 462, Vending Facility Application (Rev. 07/07), incorporated by reference herein, by the deadline listed in the announcement.

(c) For purposes of selecting a licensee or vendor to operate an interim vending facility, the BEP shall determine the qualifications of licensees and vendors based on the following:

(1) A licensee's or vendor's performance during training and/or related work experience; and

(2) A vendor's efficient operation and management of his or her current vending facility, as evidenced by submission of DR 478, Vendor's Monthly Operating Reports (Rev. 06/16), incorporated by reference herein, and payment of any and all financial obligations to the BEP arising from the operation of his or her vending facility in accordance with these regulations.

(d) Based on the information specified in (c) herein, the BEP shall make every effort to refer at least three licensees or vendors to the contracting agency for interviews and selection of an interim vendor. If the licensee or vendor selected rejects placement in the interim vending facility, the interim vending facility shall be offered successively to each of the licensees and vendors who were assessed pursuant to (c) herein, beginning with the licensee or vendor with the next highest ranking.

(e) If the contracting agency does not wish to participate in the selection process, the BEP Manager shall select the interim vendor, based on the assessment specified in subsection (c) herein.

Cal. Code Regs. Tit. 9, § 7215.1

1. New section filed 9-22-2009; operative upon the approval of the Secretary of the United States Department of Education, in accordance with title 34, Code of Federal Regulations, section 395.4(a) (Register 2009, No. 39).
2. Approved by the Secretary of the United States Department of Education in accordance with section 395.4(a) of title 34 of the Code of Federal Regulations on 6-2-2010; operative 9-15-2010 pursuant to section 7210(b)(2) of title 9 of the California Code of Regulations (Register 2010, No. 39).
3. Amendment of subsection (c)(2) filed 10-18-2017; operative upon approval of the Secretary of the United States Department of Education in accordance with title 34 of the Code of Federal Regulations section 395.4(a) (Register 2017, No. 42).

Note: Authority cited: 20 USC Section 107b(5); 34 CFR Section 395.4; and Sections 19006, 19016 and 19639, Welfare and Institutions Code. Reference: 20 USC Sections 107, 107a(a)(5), 107a(b) and 107a(e); 34 CFR Sections 361.5(b)(5), 395.1(i), 395.2, 395.3(a)(4), 395.3(a)(7), 395.5, 395.7 and 395.14(b); and Sections 19011, 19013.5(b), 19625, 19626 and 19638(b), Welfare and Institutions Code.