Effective 28 Aug 2018

34.165. Commissioner to give bidding preference to the blind, when — authority to make rules — auditor may examine records, when. — 1. In making purchases for this state, its governmental agencies or political subdivisions, the commissioner of administration shall give a bidding preference consisting of at least a five-point bonus and no greater than a fifteen-point bonus on bids for products and services manufactured, produced or assembled in qualified nonprofit organizations for the blind established pursuant to the provisions of 41 U.S.C. Sections 46 to 48c, as amended and in sheltered workshops holding a certificate of approval from the department of elementary and secondary education pursuant to section 178.920 if, at a minimum, the participating nonprofit organization or workshop provides the greater of two percent or five thousand dollars of the total contract value of bids for purchase not exceeding ten million dollars. The bonus points shall be awarded on the basis of a sliding scale, as determined in rule by the commissioner of administration, based on revenue generation for and utilization of qualified nonprofit organizations for the blind or sheltered workshops, with the bonus points increasing as the revenue generation for and utilization of such organizations and workshops increases.

2. An affidavit signed by the director or manager and the board president of a participating nonprofit organization shall be provided to the purchasing agency by the contractor at the completion of the contract or within thirty days of the first anniversary of the contract, whichever first occurs, verifying compliance.

3. The commissioner of administration shall make such rules and regulations regarding specifications, quality standards, time of delivery, performance, bidding preferences, and other relevant matters as shall be necessary to carry out the purpose of this section. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

4. At the request of the commissioner of administration, the state auditor may examine all records, books and data of any qualified nonprofit organization for the blind to determine the costs of manufacturing products or rendering services and the manner and efficiency of production and administration of such nonprofit organization with relation to any product or services purchased by this state, its governmental agencies or political subdivisions and to furnish the results of such examination to the commissioner for appropriate action.

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(L. 1997 H.B. 107 § 1, A.L. 2007 H.B. 352, A.L. 2018 H.B. 1879)