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REFERENCE TITLE: procurement from certain agencies |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HB 2328 |
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Introduced by Representative Ash
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AN ACT
amending section 41‑2636, Arizona Revised Statutes; amending title 41, chapter 23, article 10, Arizona Revised Statutes, by adding section 41‑2638; relating to PROCUREMENT of material and services from certain agencies.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-2636, Arizona Revised Statutes, is amended to read:
41-2636. Procurement from Arizona industries for the blind, certified nonprofit agencies that serve the developmentally disabled and Arizona correctional industries; definitions
A. The director shall appoint a state set-aside committee to determine those materials and services that are provided, manufactured, produced and offered for sale by Arizona industries for the blind, certified nonprofit agencies for disabled individuals that serve the developmentally disabled and Arizona correctional industries and that satisfy the requirements of state governmental units and to establish a fair market price for all approved materials and services offered for sale that meet these requirements. At each quarterly meeting the director shall report on new procurement requests or renewal of existing procurement requests for state purchases that are within the capability of and that can be supplied by the entities that are prescribed in this section.
B. Materials and services from Arizona correctional industries shall be presented to the committee for approval. Office products, vinyl binders and furniture refurbishing services shall be exempt from this article. State governmental units shall purchase office products, vinyl binders, and furniture and, if within the capabilities of Arizona correctional industries, signage REQUIRED by the DEPARTMENT of transportation, from Arizona correctional industries if each of the following applies:
1. Such materials and services are readily available.
2. Such materials and services are capable of timely delivery.
3. Such materials and services are of equal quality and price for these same materials and services in the private sector.
C. State governmental units shall purchase approved materials and services if such materials and services are readily available.
D. Notwithstanding the requirements of section 41‑2532, state governmental units and local public procurement units may purchase or contract for any products, materials and services directly from Arizona industries for the blind, certified nonprofit agencies for disabled individuals that serve the developmentally disabled and Arizona correctional industries without competitive bidding if the delivery and quality of the products, materials or services meet the unit's reasonable requirements.
E. All state governmental units shall endeavor to set aside at least one per cent of their new purchases or contracts for any products, materials and services from the entities that are prescribed in subsection D of this section, except for contracts for care and services for clients of the department of economic security or the department of health services. the department shall communicate with each state governmental unit regarding its responsibility to comply with this subsection. The committee shall meet quarterly to report progress in increasing state governmental purchases or contracts with the entities that are prescribed in subsection D of this section. The committee shall submit compile quarterly reports detailing new purchases or contracts that are entered into pursuant to this subsection to the director, each committee member, the governor, the president of the senate and the speaker of the house of representatives.
F. The committee shall meet during the first month of each fiscal year to determine which articles, products or services Arizona correctional industries, certified nonprofit agencies for disabled individuals that serve the developmentally disabled and Arizona industries for the blind should continue to manufacture for state use, to advise such agencies and industries of any changes in specifications and to identify new articles or products that should be manufactured or could be eligible for procurement.
G. For the purposes of this section:
1. "Certified nonprofit agency for disabled individuals that serves the developmentally disabled" means a nonprofit activity center or sheltered workshop that serves individuals with significant disabilities and that satisfies all of the following:
(a) Is organized under the laws of this state or another state, is 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) Complies with any applicable occupational health and safety standard required by the laws of the United States and this state.
2. "Disabled individual" means an individual who, because of the nature of the individual's disabilities, is not able to fully participate in competitive employment and for whom specialized employment opportunities must be provided and training is necessary by a qualified nonprofit organization through the DEPARTMENT of economic security or the department of health services.
Sec. 2. Title 41, chapter 23, article 10, Arizona Revised Statutes, is amended by adding section 41-2638, to read:
41-2638. Persons with a disability advisory board; purpose; definition
A. A person with a disability advisory board is established consisting of the following members:
1. The director, or the director's designee, who acts as chairperson of the advisory board.
2. A person who is appointed by the governor and who represents the business community.
3. The assistant director for rehabilitation services in the department of economic security or the assistant director's designee.
B. The governor shall appoint the governor's appointee for a three year term. The advisory board shall meet as necessary, but at least quarterly each year. The advisory board shall advise the director in facilitating the procurement of goods and services by this state from certified nonprofit organizations and to identify goods and services that are available from community rehabilitation programs.
C. For the purposes of this section, "certified nonprofit organization" means a group that is formed to operate primarily for the purpose of employing and training persons with a disability as a community rehabilitation program that:
1. Maintains under contract an employment ratio of at least fifty‑one per cent of program employees with severe disabilities.
2. Is a supported employment program contracting with this state to train and employ persons with a disability.
3. Has its principal place of business in this state.