Or. Admin. Code § 585-015-0050 - Subcontracting
(1) CRITERIA FOR APPROVAL - It is
the intent of the Commission to fully support vending facility
managers in their direct operation of their assigned vending
facilities, and in compliance with the Statement of Full-Time
Employment. In the following limited circumstances, the Commission
may provide written approval for a vending facility manger to enter
into an agreement with an approved subcontractor.
(a) A vending facility manager must
meet the following criteria before the Commission will consider
approval of an agreement between a vending facility manager and an
approved subcontractor:
(A) The
vending facility manager meets minimum requirements of OAR
585-015-0045 vending facility manager statement of full-time
employment; and
(B) The
vending facility manager does not subcontract any of the duties in
OAR 585-015-0045 statement of full-time employment, excluding OAR
585-015-0045 item (1)(k), stocking and servicing vending
machines.
(b)
Additionally, the Commission shall also consider the following when
determining whether to approve an agreement between a vending
facility manager and an approved subcontractor:
(A) Quality of service that the
vending facility manager and subcontractor are able to
provide;
(B) Any product
storage requirements;
(2) ESTABLISHMENT OF A LIST OF
APPROVED SUBCONTRACTORS - With written approval from the Commission,
a vending facility manager may enter into an agreement with a
subcontractor from the list of approved subcontractors. The
Commission shall establish a list of approved subcontractors with
which a vending facility manager may enter into an agreement. The
Commission will ensure that when evaluating the qualifications of
potential subcontractors that the following criteria are considered:
(a) Past experience;
(b) Ability to perform in the
geographical areas desired;
(c) Accessibility and use of
technology;
(d)
Commission rate;
(e)
Availability of healthy and local products;
(f) Ability to repair equipment
within the time frame specified in the permit/contract;
(g) Ability to replace equipment
when needed in a timely manner;
(h) The availability of wholesale
product in a geographic area that allows the greatest variety of
product;
(i) If required
by the permit/contract, the availability of fresh food
items;
(j) The ability to
offer healthy or local vending items;
(k) The availability of appropriate
vehicles, including refrigeration if necessary, to transport products
to the vending facilities;
(l) The ability to effectively
service vending sites that are great distances apart, or require a
long travel time;
(m) The
ability to meet any other requirements unique to a vending facility;
and
(n) The ability to
provide the manpower to meet the demands of the facility, including
an emergency situation.
(3) EXTENT OF SUBCONTRACTING
ALLOWED - The subcontractor may provide for part of the following
services within the vending facility manager's assigned vending
facility:
(a) Vending, to include
provision, stocking, and maintaining vending machine equipment;
and
(b) The operation of
cafeterias.
(4) APPLICABLE OPERATING AGREEMENTS
- This rule is inapplicable to operating agreements executed as of
December 31, 2017. As of January 1, 2020, this rule is effective as
to all operating agreements, regardless of when they were
executed.
Notes
Statutory/Other Authority: ORS 183.341 & HB3253
Statutes/Other Implemented: ORS 346.510-346.570
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