West Virginia Code of State Rules Agency 186 - Purchase Of Commodities And Services from The Handicapped
West Virginia Code of State Rules
Agency 186 – Purchase of Commodities and Services from The Handicapped
Purpose and Overview
Agency 186 exists to implement a state policy that encourages the employment of persons with disabilities by requiring or promoting state agencies to purchase commodities and services from qualified nonprofit workshops that employ handicapped individuals.
The core idea:
The State of West Virginia wants to create opportunities for people with disabilities by making their employment economically viable through government purchasing power.
This is done by ensuring that when state agencies buy certain commodities or services, they preferentially buy from these qualified nonprofit workshops.
Key Elements
1. Central Nonprofit Agency
A central nonprofit agency is designated to coordinate the purchase of commodities and services from qualified nonprofit workshops.
This agency is responsible for:
Identifying and certifying qualified nonprofit workshops employing handicapped persons.
Acting as an intermediary between state purchasing units and these workshops.
Overseeing contract compliance, quality, and performance.
Reporting annually on its activities and effectiveness.
2. Committee for the Purchase of Commodities and Services from the Handicapped
The agency is overseen by a committee appointed by the Governor.
The Committee's duties include:
Establishing fair market prices for commodities and services offered by nonprofit workshops.
Monitoring the central nonprofit agency’s activities.
Maintaining records of purchases, contracts, and any grievances or disputes.
Reviewing the performance of nonprofit workshops and recommending improvements.
3. Fair Market Pricing
The Committee determines what constitutes a fair market price for the commodities and services supplied.
Pricing must be reasonable, reflecting current market conditions.
Prices are reviewed periodically to adjust for economic changes.
This pricing structure ensures that state agencies pay a fair price while supporting the nonprofit workshops.
4. Purchase Requirements
State purchasing units are required to purchase commodities and services from qualified nonprofit workshops whenever possible.
This requirement is subject to the following exceptions:
The commodity or service does not meet the reasonable requirements of the purchasing unit.
The nonprofit workshop cannot reasonably supply the required commodity or service.
The commodity or service is not offered at a fair market price.
The commodity or service is not of comparable quality to alternatives.
If any of these exceptions apply, the purchasing unit may seek other sources.
5. Recordkeeping and Reporting
Purchasing units must maintain records of purchases made under this program.
The central nonprofit agency and the Committee require reports to monitor compliance and effectiveness.
These records help ensure transparency and allow the state to evaluate the impact on employment opportunities for handicapped persons.
6. Grievance and Dispute Resolution
The agency has procedures to resolve disputes between purchasing units and nonprofit workshops.
This ensures fair treatment and addresses issues such as pricing disagreements or delivery problems.
Summary
| Topic | Explanation |
|---|---|
| Purpose | Promote employment of disabled persons through preferential state purchases. |
| Central Nonprofit Agency | Coordinates purchases and certifies qualified workshops employing handicapped persons. |
| Committee Role | Sets fair market prices, monitors agency activities, maintains records. |
| Purchase Mandate | State units must purchase from qualified nonprofits unless exceptions apply. |
| Exceptions to Purchase | If product/service doesn’t meet needs, isn’t reasonably supplied, is overpriced, or inferior. |
| Recordkeeping | Essential for transparency and program monitoring. |
| Dispute Resolution | Procedures ensure fair resolution between parties. |
Final Notes
Agency 186’s regulations operationalize a clear legislative intent to provide meaningful employment opportunities for disabled West Virginians through state purchasing.
It balances social goals with fiscal responsibility by requiring fair market pricing and allowing reasonable exceptions.
The oversight by a designated Committee ensures the system is monitored and kept accountable.
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