Oregon
Rule Rule 125-055-0005
Definitions


As used in OAR 125-055-0005 (Definitions) to 125-055-0045 (Purchases under ORS 279.855):
(1) “Agency” means a public agency, as defined in ORS 279.835 (Definitions for ORS 279.835 to 279.855)(5).
(2) “Community Rehabilitation Program” (CRP) means a nonprofit organization for Individuals with Disabilities providing or facilitating one or more of the following services to Individuals with Disabilities, enabling them to maximize their opportunities for employment:
(a) Medical, psychiatric, psychological, social, and vocational services;
(b) Physical, occupational and recreational therapy;
(c) Speech, language, and hearing therapy;
(d) Assessment for determining eligibility and vocational rehabilitation needs;
(e) Job development, placement, and retention services;
(f) Psychosocial rehabilitation services;
(g) Supported employment services;
(h) Services to family members, if necessary, to enable the applicant or eligible individual to achieve an employment outcome; and
(i) Personal assistance services.
(3) “Competitive Employment” means work performed by an individual in the competitive labor market on a full-time basis with no more than reasonable accommodation (as required by the Americans with Disabilities Act, 42 USC §§12101 to 12213) for which the individual is compensated within the range of customary wages and levels of benefits paid in the community for the same or similar work performed by individuals who are not disabled.
(4) “Contract” means any written obligation between a QRF and an Agency established through the QRF Program, excluding any Purchase Orders and Work Orders employing workers who will not be displaced by Purchase Order or Work Order completion, expiration, or termination. “Contract” also excludes a Purchase Order or Work Order for which an immediate replacement is not contemplated or required by the Agency. “Contract” includes:
(a) Price Agreements, which are established between a QRF and the Department to enable Agencies to purchase QRF products and services using Department approved ordering instruments.
(b) When a QRF service engagement has not been ordered under a Price Agreement between a QRF and the Department, any QRF engagement specific to an Agency established for prescribed services, between that Agency and a QRF provider through the QRF program.
(5) “Department” means the Oregon Department of Administrative Services.
(6) “Individual with a Disability,” or “Individuals with Disabilities” as defined in ORS 279.835 (Definitions for ORS 279.835 to 279.855)(4), means a person or people who experience a residual, limiting condition resulting from an injury, disease or congenital defect, which affects the person’s functional capabilities (including but not limited to mobility, communication, self-care, self-direction, work tolerance, or work skills) such that the person relies on specialized employment services to find and keep employment.
(7) “Price” means the cost to Agencies of the products and services procured through the QRF Program, as determined under OAR 125-055-0030 (Determination of Price).
(8) “Procurement List” means a listing of those QRFs currently qualified under OAR 125-055-0015 (Application for QRF Participation) to participate in the QRF Program and includes, as required by ORS 279.850 (Procurement of product or service)(1), a list of the products and services offered by QRFs and determined by the Department, under OAR 125-055-0020 (Determination of Suitability of Product or Service), to be suitable for purchase by Agencies.
(9) “Qualified Rehabilitation Facility (QRF)” means an organization operating as a CRP:
(a) That is organized under the laws of the United States or of this state to provide training or employment in this state for Individuals with Disabilities, and the net income of which does not inure in whole or in part to the benefit of any shareholder or other individual;
(b) That complies with any applicable occupational health and safety standard required by the laws of the United States or of this state; and
(c) That employs Individuals with Disabilities in the manufacture of products or in the provision of services for external customers, whether or not the products or services are procured under ORS 279.835 (Definitions for ORS 279.835 to 279.855) to 279.855 (Entities that may obtain goods and services through Oregon Department of Administrative Services), for not less than:
(A) 75 percent of the work hours of the QRF’s direct labor during a fiscal year that begins on or before June 30, 2019.
(B) 65 percent of the work hours of the QRF’s direct labor during a fiscal year that begins on or after July 1, 2019, and before June 30, 2021.
(C) 60 percent of the work hours of the QRF’s direct labor or the direct labor ratio required by the federal program established by the Javits-Wagner O’Day Act or any successor federal program, whichever is lower, during a fiscal year that begins on or after July 1, 2021. If the federal ratio established under 41 USC §8501 is amended to state a direct labor percentage that is lower than the percentage prescribed by ORS 279.835 (Definitions for ORS 279.835 to 279.855)(6)(c)(C), the Department will initiate rulemaking to consider the application of ORS 279.835 (Definitions for ORS 279.835 to 279.855)(6)(c)(C) to the QRF Program.
(10) “QRF Program” means the program created by ORS 279.835 (Definitions for ORS 279.835 to 279.855) to 279.855 (Entities that may obtain goods and services through Oregon Department of Administrative Services).
Source
Last accessed
Aug. 10, 2020