CHAPTER 25-16.2 WORK ACTIVITY CENTER CONTRACT AWARDS 25-16.2-01. Work activity center - Definition

As used in this chapter "work activity center" means a facility, licensed by the department of human services, which is located in the state and operated by a nonprofit corporation organized for the primary purpose of employing and providing rehabilitative activities for individuals with physical disabilities, developmental disabilities, or chronic mental illnesses

25-16.2-01.1. Purpose

It is in the public interest to advance employment opportunities to individuals with disabilities so that those individuals may acquire job skills and training and gain greater independence and quality of life. This state is committed to promoting self-sufficiency, integrating individuals with disabilities into our communities, and maximizing the earning potential of individuals with disabilities

25-16.2-02. Direct bidding with work activity centers for highway grade stakes

Unless no work activity center bids on the contract, the office of management and budget or the department of transportation, whichever may be authorized to purchase highway grade stakes, shall award any contract for the purchase of highway grade stakes to work activity centers. The office of management and budget or the department of transportation shall request bids from work activity centers and shall award any contract for the purchase of highway grade stakes on the basis of these factors: 1. Whether the product contracted for is supplied by the work activity center at a fair market price

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2. Whether the product to be supplied by the work activity center meets the specifications of the department of transportation

The ability, capacity, and skill of the work activity center to perform the contract required

The character, integrity, reputation, judgment, experience, and efficiency of the work activity center

5. Whether the work activity center can perform the contract within the time specified

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The quality of performance of previous contracts negotiated with the work activity center

The previous and existing compliance by the work activity center with laws relating to the contract

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25-16.2-03. Contract requirement

Any contract awarded pursuant to this chapter must be in writing and must be made available by the purchasing party to any person upon request. The contract must include the purchase price, the quantity of commodity or service purchased, and the time period for which the commodity or service will be provided

25-16.2-04. Direct purchase from work activity centers

If acceptable commodities or services are produced or provided by a work activity center at fair market price, any state entity or political subdivision may enter a contract to purchase directly from the work activity center without obtaining competition

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