Bill Text: MO HB484 | 2013 | Regular Session | Comm Sub
Bill Title: Requires the Division of Purchasing to establish a goal of buying at least 3% of goods and services from a person with a significant mental or physical impairment or a business or agency employing or serving these persons
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2013-04-25 - Rules - Reported Do Pass (H) [HB484 Detail]
Download: Missouri-2013-HB484-Comm_Sub.html
FIRST REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
97TH GENERAL ASSEMBLY
1210H.03C D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 34, RSMo, by adding thereto one new section relating to the Missourians with Disabilities Jobs Act of 2013.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 34, RSMo, is amended by adding thereto one new section, to be known as section 34.470, to read as follows:
34.470. 1. As used in this section, the following terms shall mean:
(1) "Direct labor", all work performed to fulfill a contract under the provisions of this section, excluding supervision and administration;
(2) "Qualifying disability", a significant mental or physical impairment, including blindness, that impedes a person who is seeking, entering, or maintaining gainful employment. Such significant disability shall be certified by the division of vocational rehabilitation within the department of elementary and secondary education; the Social Security Administration Title 42, Section 423 of the United States Code; the Social Security Administration Title 42, Section 416(i)(1)(B) of the United States Code; or a person eligible for services from the division of developmental disabilities of the department of mental health;
(3) "Qualifying vendor":
(a) A person with a qualifying disability;
(b) A business or entity, whether for profit or nonprofit, that employs individuals with a qualifying disability, provided such individuals perform at least seventy-five percent of the direct labor hours required to fulfill a state contract for goods or services; or
(c) Any nonprofit agency serving people with significant disabilities that meets the eligibility criteria to participate in the federal AbilityOne program, or its successor program, as described in 41 U.S.C. Section 46-48c.
2. The broad purpose of this legislation is to provide persons with a qualifying disability access to job opportunities in the private sector competitive job market and additional job opportunities for individuals who choose facility-based employment in their community. Notwithstanding any other provision of this chapter to the contrary, the division of purchasing within the office of administration shall set a goal of procuring at least three percent of goods and services from qualifying vendors. The division shall develop and maintain a list of goods and services that are available from qualifying vendors and which such division determines are suitable for procurement from qualifying vendors by departments of the state, approve prices for goods and services identified under this section, review bids received by qualifying vendors, and award and renew contracts for the purchase of goods and services under this section without competitive bidding. Such procurement list, and revision thereof, shall be submitted to the board for approval and, upon approval, be distributed to all purchasing officers of the state, its departments and all political subdivisions. All products or services offered for purchase to a state department or a political subdivision by a qualifying vendor shall have significant value added by blind or significantly disabled persons as determined by the office of administration. Suspected violations of the eligibility criteria for a qualifying vendor may be reported to and shall be investigated by the department of labor and industrial relations.
3. Individuals with a qualifying disability shall be paid at least minimum wage for direct labor hours performed in fulfillment of any contract awarded under the provisions of this section.
4. The amount of goods and services that may be purchased in accordance with this section shall not exceed twenty-five million dollars.
5. It shall be the duty of the office of administration to determine the fair market price of all products and services offered for sale to the various departments of the state by qualifying vendors. The fair market price shall be competitive with the cost of procuring the goods or services from another source; shall, at a minimum, recover for the qualifying vendor the cost of raw materials, labor, overhead, and delivery; and shall be revised from time to time in accordance with changing cost factors. The office of administration may make such rules and regulations necessary to carry out the purposes of this section including specifications, time of delivery, assignment of products and services to be supplied by qualifying vendors, and other relevant matters of procedure. After a contract has been awarded, all state departments as defined in section 34.010 shall purchase the products and services on the procurement list as determined by the office of administration in accordance with this section. The office of administration may authorize the purchase of products and services from other sources when requisitions cannot reasonably be fulfilled by a qualifying vendor.
6. In assessing the suitability of any potential addition to the procurement list, the office of administration shall consider the interest of small businesses and businesses owned by disadvantaged persons by determining whether the addition would have a severe adverse impact on the current contractor for the commodity or service. Generally, an impact up to fifteen percent of the total revenue of the contractor would not be deemed severe. However, in deciding whether a proposed addition to the procurement list would have a severe adverse impact on the current contractor, the office of administration shall consider:
(1) Financial and employment information provided by the current contractor regarding the impact on the contractor's sales;
(2) Whether the contractor has been a consistent supplier of the commodity or service and, therefore, more dependent on such sales; and
(3) Any other factor the office of administration deems relevant.
7. Except as otherwise provided in this section, all departments shall purchase goods and services produced by a qualifying vendor if:
(1) The goods or services offered for sale by a qualifying vendor reasonably conform to the needs and specifications of the department; and
(2) The qualifying vendor can supply the goods or services within a reasonable time.
8. In furtherance of this act, the Governor may elect to appoint a committee of no fewer than five senior state agency procurement officials, at least one representative of a qualified nonprofit agency for the blind, and one representative of a qualified nonprofit agency for the significantly disabled, and one private citizen to collaborate to further the Act. Such committee will be unpaid, not require appropriation, and would serve in an advisory capacity only.
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