Bill Text: MI SB1529 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: State financing and management; purchasing; sheltered workshops and work activity centers; replace with community rehabilitation organizations and revise requirements. Amends secs. 293, 294, 295, 296 & 297 of 1984 PA 431 (MCL 18.1293 et seq.).
Spectrum: Moderate Partisan Bill (Republican 12-3)
Status: (Passed) 2010-12-29 - Assigned Pa 0372'10 With Immediate Effect [SB1529 Detail]
Download: Michigan-2009-SB1529-Engrossed.html
SB-1529, As Passed House, December 15, 2010
SUBSTITUTE FOR
SENATE BILL NO. 1529
A bill to amend 1984 PA 431, entitled
"The management and budget act,"
by amending sections 293, 294, 295, 296, and 297 (MCL 18.1293,
18.1294, 18.1295, 18.1296, and 18.1297).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 293. As used in this section and sections 294 to 297:
(a) "Committee" means the committee on the purchase of goods
and
services from sheltered workshops and work activity centers
community rehabilitation organizations created in section 295.
(b)
"Sheltered workshop" "Community
rehabilitation
organization" means a nonprofit charitable organization or
institution
conducted not for profit, but incorporated
in this
state that is operated for the purpose of carrying out a recognized
program of employment and training services for people with
disabilities.
rehabilitation for handicapped
workers, which
provides
those individuals with remunerative employment or other
occupational
rehabilitating activity of an educational or
therapeutic
nature.
(c)
"Work activities center" means a workshop, or a physically
separated
department of a workshop having an identifiable program
and
separate supervision and records, planned and designed
exclusively
to provide therapeutic activities for handicapped
workers
whose physical or mental impairment is so severe as to make
their
productive capacity inconsequential. Therapeutic activities
include
custodial activities, such as activities where the focus is
on
teaching the basic skills of living, and any purposeful activity
so
long as work or production is not the main purpose.
(c) "Fair market price" means the price established by the
committee for goods or services to be purchased from community
rehabilitation organizations based upon 1 or more of the following:
(i) Available information from reliable market sources.
(ii) A market survey conducted by a person designated by the
committee.
(iii) Previous contract prices adjusted for market conditions.
(iv) The range of bids from the most recent solicitation,
including a determination of the median price, average price, and
any market conditions that have changed since the most recent
solicitation.
(v) Cost analysis.
(vi) Other methods as determined by the committee.
Sec. 294. (1) To advance the employment of people with
disabilities, community rehabilitation organizations shall have
preferred status for the purposes of procurement in accord with the
provisions of this section. The department's procurements of goods
and services from community rehabilitation organizations are exempt
from other competitive procurement requirements of this act and, to
the extent possible, exempt from other competitive procurement
statutes and executive orders. This subsection does not prohibit
the department from applying competitive bid requirements to select
among community rehabilitation organizations for the purchase of
goods and services.
(2)
The department shall purchase goods or
and services
, or
both,
either that are manufactured or provided by sheltered
workshops
and work activity centers community
rehabilitation
organizations in this state pursuant to sections 293 to 297.
Sec. 295. The committee on the purchase of goods and services
from
sheltered workshops and work activity centers community
rehabilitation organizations is created within the department and
shall
consist of 6 members appointed by the director governor.
The
members
shall serve for a term of 2 years. The members of the
committee shall consist of 1 member from the purchasing division of
the
department, 1 member from the bureau of rehabilitation within
the
department of education, Michigan
rehabilitation services, 1
member
from the commission on employment of the handicapped within
the
department of labor disability
concerns, 1 member, who
shall be
the
chairperson from a serve as
the chairperson of the committee,
from a statewide nonprofit corporation concerned with community
rehabilitation
facilities organizations, and 2 members at large.
Members of the committee shall serve without compensation.
Sec. 296. The committee shall do all of the following:
(a) Meet as often as necessary, but at least quarterly, to
carry out its duties.
(b) (a)
Coordinate and monitor the
implementation of sections
293 to 297.
(c) (b)
Aid in the identification of Identify,
review, and
recommend approval or disapproval to the state administrative board
of requests from community rehabilitation organizations to provide
goods
and services to be purchased for
purchase by the department.
from
sheltered workshops and work activity centers.
(d) (c)
Establish eligibility criteria for
participating
sheltered
workshops and work activity centers. community
rehabilitation organizations, including criteria that demonstrate
the ability to perform the requirements of the contract and
establish that the majority of the direct labor hours required to
fulfill the contract are performed by individuals with significant
disabilities as that phrase is defined in 29 USC 705(21)(A).
(e) (d)
At least annually, in cooperation with the department,
establish and review fair market prices and methods for
establishing fair market prices for goods and services to be
purchased
from community rehabilitation
organizations. sheltered
workshops
and work activity centers.
(f) (e)
Establish procedures regarding the
functions and
operations of the committee.
(g) (f)
Prepare an annual report depicting
the activities
related
to this section which shall minimally include that
includes, at a minimum, all of the following:
(i) A summary of products and services purchased by the
department
from community rehabilitation
organizations. sheltered
workshops
and work activity centers.
(ii) The names of sheltered workshops and work
activity centers
community rehabilitation organizations participating.
(iii) The impact of this section upon production, work
stabilization,
program development, and the number of handicapped
persons with a disability served by community rehabilitation
organizations.
sheltered workshops and work
activity centers.
(iv) An indication of the areas to which and the amounts for
which the budget of the committee was allocated.
(h) (g)
At least annually conduct a review
of the prices paid
by
the department for the goods and services provided by sheltered
workshops
and work activity centers community
rehabilitation
organizations and make any adjustments necessary to establish new
fair market prices.
Sec.
297. (1) For the purposes of initially identifying those
goods
or services or both to be provided by sheltered workshops and
work
activity centers community rehabilitation
organizations, first
priority of selection shall be given to those goods or services or
both currently purchased by the department from commercial
businesses
outside this state. Following the first year and
thereafter,
priority of selection Next
selection priority shall be
given to those goods or services or both purchased from commercial
businesses within this state. If upon review of the current bids or
fair market price of both priorities of goods or services or both,
the
committee finds that sheltered workshops and work activity
centers
community rehabilitation
organizations can provide equal
goods or services to the department within current bids or fair
market price, then those goods or services or both shall be set
aside
for the exclusive provision by sheltered workshops and work
activity
centers community
rehabilitation organizations for
purchase by the purchasing division of the department.
(2) All goods and services purchased by the department from
sheltered
workshops and work activity centers community
rehabilitation organizations shall meet the specifications
regarding quality, function, and quantity established and published
by the department.
(3)
This section does not prevent sheltered workshops and work
activity
centers community
rehabilitation organizations from
selling goods and services to other governmental agencies or
private businesses of their choosing.
