(b) A public agency may procure a product or service that is on the procurement list described in paragraph (a) of this subsection from a person other than a qualified nonprofit agency for individuals with disabilities if:

(A) All of the qualified nonprofit agencies for individuals with disabilities on the procurement list that applies to the public agency have a record in the previous three years of repeatedly violating, or are not now in compliance with, applicable local ordinances or resolutions that govern labor standards; and

(B) The person, for a period of 90 days after the person enters into an agreement with the public agency, offers to employ the employees of a qualified nonprofit agency for individuals with disabilities from which the public agency would have procured the product or service but for the failure of the qualified nonprofit agency for individuals with disabilities to comply with an applicable local ordinance or resolution that governs labor standards.

(c) If a public agency may choose to procure a product or service from more than one qualified nonprofit agency for individuals with disabilities, the public agency may give a preference to the qualified nonprofit agency for individuals with disabilities that best demonstrates that the qualified nonprofit agency for individuals with disabilities:

(A) Complies with all applicable local ordinances and resolutions that govern labor standards; and

(B) Provides wages, health care benefits, alternative dispute resolution services and pension or other retirement arrangements that, in the aggregate, are better than the average package of wages, health care benefits, alternative dispute resolution services and pension or other retirement arrangements that private employers provide to employees that perform the same or similar job duties:

(i) In the same industry in which the qualified nonprofit agency for individuals with disabilities engages; and

(ii) In the county in which the qualified nonprofit agency for individuals with disabilities will deliver the product or perform the service.

(2)(a) A public agency may require in any agreement with a qualified nonprofit agency for individuals with disabilities under ORS 279.835 to 279.855 that the qualified nonprofit agency for individuals with disabilities comply with applicable local ordinances or resolutions that govern labor standards.

(b) A public agency may disqualify a qualified nonprofit agency for individuals with disabilities from entering into an agreement with the public agency under ORS 279.835 to 279.855 for a period of three years if the public agency:

(A) Determines that the qualified nonprofit agency for individuals with disabilities repeatedly violated local ordinances or resolutions that govern labor standards during the term of an agreement with the public agency under ORS 279.835 to 279.855; or

(B) Finds that the qualified nonprofit agency for individuals with disabilities has a record in the previous three years of repeatedly violating applicable local ordinances or resolutions that govern labor standards.

(3) In furthering the purposes of ORS 279.835 to 279.855, 279A.025 (4) and 279C.335, the Legislative Assembly intends that the department, public agencies and qualified nonprofit agencies for individuals with disabilities cooperate closely. The department on behalf of public agencies and qualified nonprofit agencies for individuals with disabilities may enter into contractual agreements, cooperative working relationships or other arrangements that are necessary to effectively coordinate and efficiently realize the objectives of ORS 279.835 to 279.855, 279A.025 (4) and 279C.335 and any other law that governs a procurement of products or services. [1977 c.304 §5; 1989 c.224 §45; 2003 c.794 §229e; 2007 c.70 §65; 2015 c.526 §3]