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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsNovember 2017

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AND NOW, this 17th day of October, 2017, the Commission for Statewide Contracts to Support Employment for Individuals with Disabilities (the "Commission") determines and orders the following:
WHEREAS, pursuant to 16 Del.C. §9604(e) and 29 Del.C. §10111, the Commission has the statutory power and authority to promulgate regulations which, inter alia, will govern its operations; and
WHEREAS, pursuant to 29 Del.C. §§10113(b)(1) and (2), the Commission wishes to adopt and promulgate such regulations and to publish them in the Registrar of Regulations as required by 29 Del.C. §10113; and
WHEREAS, these regulations describe and govern the Commission's operations, including the process by which central nonprofit agencies are selected; contracts, or portions of contracts, are set aside and awarded to central nonprofits or community rehabilitation programs; and prices are set. Hence, these regulations are exempt from formal notice requirements pursuant to 29 Del.C. §10113(b)(2) and 16 Del.C. §9604(e), and no formal notice period or public comment period is required pursuant to 29 Del.C. §§10115 to 10118;
1. Pursuant to 16 Del.C. §9604(e) and 29 Del.C. §10113(b)(2), the Commission hereby adopts the Regulations for Set Aside Contracts (the "Rules") as its official regulations as defined by 29 Del.C. §1132(3). A true and correct copy of the Rules is attached as Exhibit "A".
BY ORDER OF THE COMMISSION:
"Central nonprofit agency" or "CNA" means any nonprofit entity under 26 U.S.C. §501 that is organized under the laws of the State of Delaware and that the Commission selects to do at least one of the tasks set forth in either 16 Del.C. §9602(3)a or §9602(3)b.
"Community rehabilitation program" or "CRP" means any entity that provides or coordinates rehabilitation services for individuals with visual impairments and other disabilities, including assessment, customized employment, medical, personal assistance, psychiatric, psychological, rehabilitation technology, supported employment, or vocational services. A CRP typically will contract with a state agency, such as the Division of Vocational Rehabilitation, the Division for the Visually Impaired, the Division of Substance Abuse and Mental Health, the Division of Developmental Disabilities Services, or the Division of Services for Aging and Adults with Physical Disabilities, to provide assistance to eligible individuals according to their needs in all areas of community participation, including the assistance individuals may need to obtain and keep employment.
"Fair market value" means the price, service level, quality, and life cycle costing for a product or service that is commercially reasonable when compared to the open market.
"Government Support Services" or "GSS" means the section of the Office of Management and Budget that is established by and has all of the powers, duties, and functions set forth in 29 Del.C. §6308A.
"Procurement list" means the list of formally negotiated contacts by Government Support Services for the purchase of products or services as reference in 16 Del.C. §9604(d).
"Set-aside contract" means a formal, negotiated agreement between one or more CNAs or CRPs and Government Support Services for a service or product that has been exempted from the procurement process under Chapter 69 of Title 29 of the Delaware Code and awarded by the Commission for a price that the Commission has approved.
3.1 CNA Selection. The Commission shall designate one or more CNAs for a three-year period, after which each designated CNA may apply to renew its designation for another three years. Applications for CNA status may be made to the Commission between March 1st and April 30th and between September 1st and October 31st of each calendar year. The CNA selection criteria shall be reviewed and revised periodically by the Commission. Nevertheless, an applicant must demonstrate the following minimum criteria:
5.6 In keeping with the scope and purpose of 16 Del.C. Ch. 96, the Commission, designated CNAs, and any CRPs assigned to a set aside contract must assure that persons who are visually impaired or who have other disabilities as defined by the Americans with Disabilities Act of 1990 (ADA) will perform 75% of all direct labor for service-based contracts and 50% of all direct labor for product-based contracts. A phase-in plan may be requested by the CNA or the CRP, and any such approved phase-in plan will start at 25% less than the direct labor requirements, with that percentage increased to the required minimum standards as soon as possible, but no less than eighteen (18) months into the term of the set aside contract.
7.5 Set Aside Contract Promotion. In keeping with the scope and purpose of 16 Del.C. Ch. 96, the Commission may promote the purchase of products and services that are within approved set aside contracts and ensure that approved set aside contracts are published on the procurement list that is circulated to all State agencies and other government entities in the State of Delaware. The Commission, CRPs, and designated CNAs may monitor available spend data for State agencies to determine whether or not the products and services offered through the procurement list are procured from the set aside contract holder.
This regulation is effective ten days after publication in the Delaware Register of Regulations.
Last Updated: December 31 1969 19:00:00.
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