[§103D-1010]  Purchases from qualified
community rehabilitation programs.  (a)  Any governmental body, without
advertising or calling for bids, may purchase goods or services provided by
qualified community rehabilitation programs serving persons with disabilities
that have indicated an interest in supplying the goods or services and on an
equitable basis may apportion the business among the interested programs;
provided that the goods and services meet the specifications and needs of the
purchasing agency and are purchased at a fair market price as determined by the
appropriate public agency; and provided further that the programs comply with
the following:



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



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



(b)  The purchasing agency shall:



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



(2)  Negotiate the conditions and terms for the
purchase, including the price of the offer, between the agency and the qualified
community rehabilitation program; provided that the price of the offer shall
not exceed the fair market price and there is assurance that the qualified
community rehabilitation program proposal is in compliance with all
administrative rules related to purchasing; and



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