1997 Minnesota Statutes

     16B.18 Sheltered workshops; procurement of products and 
  services; work activity programs. 

    Subdivision 1.    Product and service list.  The 
 commissioner in consultation with the commissioner of economic 
 security shall prepare a list containing products and services 
 of state certified sheltered workshops and work activity 
 programs for procurement use by state agencies and institutions. 
 The commissioner shall determine the fair market price for 
 listed products and services.  In determining the fair market 
 price the commissioner shall consider (1) open market bid prices 
 in previous years for similar products and services, and (2) 
 cost increases for both labor and materials.  The price paid may 
 not exceed by more than five percent the fair market price. 
 State agencies and institutions shall, after promulgation of the 
 product and service list by the commissioner, procure listed 
 products and services from sheltered workshops and work activity 
 programs in preference to procurement from other suppliers or 
 sources with the exceptions in this section.  The provisions of 
 this chapter relating to competitive bidding do not apply to 
 purchases made in accordance with this section.  

    Subd. 2.    Products and services available elsewhere.  
 When any listed products or services are available for 
 procurement from any state agency or institution and procurement 
 from the agency or institution is required by law, the 
 procurement must be made in accordance with that law.  

    Subd. 3.    Rules.  Rules under this section may provide 
 a procedure by which the commissioner shall determine product 
 specifications, quality standards, and timing of delivery to be 
 complied with by the sheltered workshop and work activity 
 program boards on purchases made under this section.  

    Subd. 4.    Selection of nonprofit corporation.  The 
 commissioner may select a nonprofit corporation organized under 
 chapter 317A to facilitate distribution of orders among 
 sheltered workshops and work activity programs.  The corporation 
 shall distribute orders so as to afford each sheltered workshop 
 and work activity program an equal opportunity to obtain orders. 

    HIST: 1984 c 544 s 23; 1Sp1985 c 14 art 9 s 75; 1989 c 304 s 
 137; 1994 c 483 s 1; 1997 c 187 art 3 s 2