[§103D-1010]  Purchases from qualifiedcommunity rehabilitation programs.  (a)  Any governmental body, withoutadvertising or calling for bids, may purchase goods or services provided byqualified community rehabilitation programs serving persons with disabilitiesthat have indicated an interest in supplying the goods or services and on anequitable basis may apportion the business among the interested programs;provided that the goods and services meet the specifications and needs of thepurchasing agency and are purchased at a fair market price as determined by theappropriate public agency; and provided further that the programs comply withthe following:

(1)  Meet all of the requirements of a qualifiedcommunity rehabilitation program under section 103D-1001; and

(2)  Maintain a disabled to non-disabled employeeratio equal to or in excess of three-to-one for work hours of direct labor atall times on the work contracted.

(b)  The purchasing agency shall:

(1)  Receive and review proposals submitted by qualifiedcommunity rehabilitation programs to provide goods or services and determine ifthey are suitable for purchase by the agency;

(2)  Negotiate the conditions and terms for thepurchase, including the price of the offer, between the agency and the qualifiedcommunity rehabilitation program; provided that the price of the offer shallnot exceed the fair market price and there is assurance that the qualifiedcommunity rehabilitation program proposal is in compliance with alladministrative rules related to purchasing; and

(3)  Ensure that any goods or service purchased from aqualified community rehabilitation program shall not be placed on the Hawaiiproducts list under section 103D-1002. [L 1999, c 149, pt of §3]