Or. Admin. Code § 125-055-0005 - Definitions
As used in OAR 125-055-0005 to 125-055-0045:
(1) "Agency" means a public agency, as
defined in ORS 279.835(5).
(2)
"Community Rehabilitation Program" (CRP) means a nonprofit organization for
Individuals with Disabilities providing or facilitating one or more of the
following services to Individuals with Disabilities, enabling them to maximize
their opportunities for employment:
(a)
Medical, psychiatric, psychological, social, and vocational services;
(b) Physical, occupational and recreational
therapy;
(c) Speech, language, and
hearing therapy;
(d) Assessment for
determining eligibility and vocational rehabilitation needs;
(e) Job development, placement, and retention
services;
(f) Psychosocial
rehabilitation services;
(g)
Supported employment services;
(h)
Services to family members, if necessary, to enable the applicant or eligible
individual to achieve an employment outcome; and
(i) Personal assistance services.
(3) "Competitive Employment" means
work performed by an individual in the competitive labor market on a full-time
basis with no more than reasonable accommodation (as required by the Americans
with Disabilities Act, 42 USC §§ 12101 to 12213) for which the
individual is compensated within the range of customary wages and levels of
benefits paid in the community for the same or similar work performed by
individuals who are not disabled.
(4) "Contract" means any written obligation
between an OFC and an Agency established through the Oregon Forward Program,
excluding any Purchase Orders and Work Orders employing workers who will not be
displaced by Purchase Order or Work Order completion, expiration, or
termination. "Contract" also excludes a Purchase Order or Work Order for which
an immediate replacement is not contemplated or required by the Agency.
"Contract" includes:
(a) Price Agreements,
which are established between an OFC and the Department to enable Agencies to
purchase Oregon Forward products and services using Department approved
ordering instruments.
(b) When an
Oregon Forward service engagement has not been ordered under a Price Agreement
between an OFC and the Department, any OFC engagement specific to an Agency
established for prescribed services, between that Agency and an OFC through the
Oregon Forward program.
(5) "Department" means the Oregon Department
of Administrative Services.
(6)
"Individual with a Disability," or "Individuals with Disabilities" as defined
in ORS 279.835(4), means a person or people who experience a residual, limiting
condition resulting from an injury, disease or congenital defect, which affects
the person's functional capabilities (including but not limited to mobility,
communication, self-care, self-direction, work tolerance, or work skills) such
that the person relies on specialized employment services to find and keep
employment.
(7) "Oregon Forward
Contractor (OFC)" means an organization operating as a CRP:
(a) That is organized under the laws of the
United States or of this state to provide training or employment in this state
for 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 employs Individuals with
Disabilities in the manufacture of products or in the provision of services for
external customers, whether or not the products or services are procured under
ORS 279.835 to 279.855, for not less than:
(A)
65 percent of the work hours of the OFC's direct labor during a fiscal year
that begins on or after July 1, 2019, and before June 30, 2021.
(B) 60 percent of the work hours of the OFC's
direct labor or the direct labor ratio required by the federal program
established by the Javits-Wagner O'Day Act or any successor federal program,
whichever is lower, during a fiscal year that begins on or after July 1, 2021.
If the federal ratio established under 41 USC § 8501 is amended to state a
direct labor percentage that is lower than the percentage prescribed by ORS
279.835(6)(c)(C), the Department will initiate rulemaking to consider the
application of ORS 279.835(6)(c)(C) to the Oregon Forward Program.
(8) "Price" means the
cost to Agencies of the products and services procured through the Oregon
Forward Program, as determined under OAR 125-055-0030.
(9) "Procurement List" means a listing of
those OFCs currently qualified under OAR 125-055-0015 to participate in the
Oregon Forward Program and includes, as required by ORS 279.850(1), a list of
the products and services offered by OFCs and determined by the Department,
under OAR 125-055-0020, to be suitable for purchase by Agencies.
(10) "Oregon Forward Program" means the
program created by ORS 279.835 to 279.855.
Notes
Statutory/Other Authority: ORS 279.845(1) & 184.340
Statutes/Other Implemented: ORS 279A.025(4) & 279.835 - 279.855
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