a) The Procurement Officer may determine to
contract with a sheltered workshop on the list maintained by CMS, and may do so
without notice or competition.
b)
Conditions for Use
The CPO shall, in consultation with the State Use Committee
created by the Procurement Code (Section 45-35(c)), determine which articles,
materials, services, food stuffs and supplies that are produced or manufactured
by persons with disabilities in State use sheltered workshops shall be given
preference by purchasing agencies procuring those items. The CPO shall use
procedures established by CMS for implementing this Section.
c) The CPO shall use the list of all
qualified sheltered workshops and the supplies and services each qualified
sheltered workshop provides, which is maintained by CMS.
d) Pricing Approval
1) While notice and competition is not
required prior to contracting with a sheltered workshop, prices must be
reasonable. Whether a price is reasonable will be determined based upon current
market prices, historical prices, prices received by other State agencies for
similar supplies or services, the policy of the Code to promote procurements
from sheltered workshops, and other such relevant factors.
2) The
State Use Committee, established under
Section 45-35(c) of the
Code, must approve contracts for reasonableness of
price if:
A) the supply or service would
ordinarily be subject to competitive sealed bidding or competitive sealed
proposals methods of source selection; or
B) the supply or service is bid and the
sheltered workshop is selected even though not the lowest responsible
bidder.
3) State Use
Committee approval is not required if:
A) the
contract qualifies as a small purchase as defined in Section
2600.315 and no
bidding was conducted; or
B) the
contract is awarded to the sheltered workshop under a competitive
procedure.