Okla. Admin. Code § 260:120-1-3

Current through Vol. 42, No. 4, November 1, 2024

Section 260:120-1-3 - State Use Program Qualifications

(a)Qualification to participate in the program. To ensure compliance with the Act, the State Purchasing Director shall qualify individuals and nonprofit agencies prior to contract award.

(b)Individual qualification. An individual shall apply for qualification to the State Use Program by submitting the following documents to indicate the individual meets the statutory definition of a person with significant disabilities, the individual shall provide:

(1) a copy of the application and supporting documentation the individual submitted to the Social Security Administration for determination of disability and a copy of the final disability determination from the Administration.

(2) a narrative report, prepared and signed by a person licensed in the state of Oklahoma as a physician describing physical disabilities, or a psychiatrist or psychologist describing mental disabilities. The report shall fully describe the nature of the disability constituting a substantial handicap to employment with supporting medical records; and

(3) any additional information the the State Purchasing Director may require related to work history, vocational assessments, and work-related documents.

(c)Qualified Organization qualification. A nonprofit agency that has been approved by the Wage and Hour Division of the U.S. Department of Labor as a sheltered workshop shall apply for qualification to the State Use Program and submit the following documents that indicate the nonprofit agency meets the requirements of a qualified organization:

(1) a tax-exempt FEI number issued by the IRS, or a certificate from the IRS verifying that the entity meets the requirements for nonprofit status as defined by the IRS; and,

(2) an affidavit that the individual will perform 75% of the work to produce the products or services the individual offers for procurement to the state; and

(3) a statement describing the nature and extent as expressed in a percentage of the work a subcontractor, other person or entity may perform to produce the products or services the nonprofit agency provides per a contract the State Purchasing Director awards.

(4) a copy of certification as a sheltered workshop issued by the U. S. Department of Labor.

(5) a current copy of the nonprofit agency's certificate of insurance for worker's compensation insurance.

(d)Continuation of qualification. No later than January 31st of each year succeeding initial qualification by the State Purchasing Director, the qualified organizations shall provide evidence to the State Purchasing Director of continued ability to qualify as follows:

(1) A qualified nonprofit agency for persons with significant disabilities shall submit:

(A) a current copy of its certification as a sheltered workshop from the U.S. Department of Labor; and

(B) a report for products and services on the State Use Program procurement schedule indicating the qualified nonprofit agency for the person with significant disabilities total labor hours in direct production by disabled workers and total agency labor hours in direct production by non-disabled workers during the previous calendar year.

(C) a current copy of the qualified nonprofit agency for the person with significant disabilities certificate of insurance for worker's compensation insurance.

(2) An individual shall submit:

(A) a work history for the previous calendar year that indicates the number of hours the individual worked and the number of hours a subcontractor or other individuals worked in direct production of the products and services on the State Use Program procurement schedule; and

(B) a current physician, psychiatrist or psychologist statement indicating the current status of the condition which constitutes a substantial handicap to employment, which shall include changes in the condition since the previous date of qualification by the State Purchasing Director.

(e)Failure to meet qualifications. Whenever a qualified organization or an individual fails to meet qualifications, the State Purchasing Director may:

(1) Remove the qualified organization or individuals' products and services from the procurement schedule; or,

(2) Revoke the qualification of the qualified organization; or,

(3) Cancel awarded contracts to the qualified organization or individual.

(f)Notice of failure to meet qualifications. The State Purchasing Director shall direct the contracting officer to send written notice to the qualified organization or individual at least thirty days prior to the effective date of the action taken pursuant to subsection (e) of this section.

Okla. Admin. Code § 260:120-1-3

Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/14/2023