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Supplies manufactured and services performed by persons with disabilities - 62 Pa. Cons. Stat. § 520

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     § 520.  Supplies manufactured and services performed by persons
                with disabilities.
        (a)  General rule.--
            (1)  Contracts for supplies manufactured by and services
        performed by persons with disabilities shall be entered into
        in accordance with this section without the requirement for
        competitive bidding. Persons with disabilities must make an
        appreciable contribution in manufacturing an item or
        performing a service.
            (2)  When the Commonwealth enters into a contract under
        this section with a cost exceeding $300,000 per year, the
        department, in cooperation with the purchasing agency, shall
        conduct an annual review to confirm compliance with the
        contract and the requirements of this section. The annual
        review shall include, but not be limited to, an assessment of
        all requirements related to appreciable contribution. If the
        department, in cooperation with the purchasing agency,
        determines that persons with disabilities are not making an
        appreciable contribution in the manufacturing of an item or
        the performance of a service or an agency for persons with
        disabilities is not in compliance with other requirements of
        this section, the department shall give an agency for persons
        with disabilities 45 days in which to remedy the deficiency.
        If the agency for persons with disabilities fails to remedy
        the deficiency within 45 days, the agency for persons with
        disabilities shall be deemed to be in noncompliance with the
        contract, and the purchasing agency may terminate the
        contract and seek to procure the item or service through a
        competitive bidding process. Nothing in this section shall
        preclude a purchasing agency from procuring an item or
        service through an emergency contract when an agency for
        persons with disabilities is deemed to be in noncompliance.
        (b)  Fair market price.--Upon request to the department and
     notice to the purchasing agency, the department shall determine
     the fair market price of any supply manufactured by or service
     performed by persons with disabilities and offered for sale to
     any Commonwealth agency by an agency for persons with
     disabilities. The department shall revise the prices in
     accordance with changing market conditions.
        (c)  Distribution.--At the request of the department, the
     Department of Public Welfare or a nonprofit agency with the
     approval of the Department of Public Welfare shall facilitate
     the distribution of orders for supplies manufactured by or
     services performed by persons with disabilities among agencies
     for persons with disabilities.
        (d)  Procurement of supplies manufactured and services
     performed by persons with disabilities.--Except as provided in
     subsection (e), all supplies manufactured by and services
     furnished by persons with disabilities shall be procured in
     accordance with applicable specifications of the department or
     other Commonwealth agencies from any agency for persons with
     disabilities whenever the supplies and services are available at
     a price determined by the department to be the fair market
     price. The head of a purchasing agency shall annually discuss
     its needs for supplies or services with any agency for persons
     with disabilities.
        (e)  Procurement from Commonwealth agency.--If any supply
     manufactured by or any service performed by persons with
     disabilities and offered for sale is available for procurement
     from any Commonwealth agency and this part or any other statute
     requires the procurement of the supply or service from the
     Commonwealth agency, then the procurement of the supply or
     service shall be made in accordance with the other provisions.
        (f)  Exception.--Notwithstanding subsection (h), when the
     Commonwealth enters into a contract under this section for the
     operation of the Commonwealth's driver's license photo centers,
     at least 70% of the amount paid by the Commonwealth shall be
     used to cover payment of wages and salaries to persons with
     disabilities and to cover actual manufacturing costs, real
     estate lease costs, property insurance and other costs which are
     specifically required by contract.
        (g)  Application.--
            (1)  This section shall not supersede any contract
        currently in force between a Commonwealth agency and another
        party.
            (2)  Nothing in this section shall be construed as
        conferring upon any party any right or interest in any
        contract entered into with the Commonwealth.
        (h)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Agency for persons with disabilities."  Any charitable,
     nonprofit agency incorporated under the laws of this
     Commonwealth and approved by the department through which
     persons with disabilities manufacture supplies or perform
     services in this Commonwealth.
        "Appreciable contribution."
            (1)  In addition to paragraph (2), the department shall
        determine whether the contribution by individuals with
        disabilities is appreciable. Persons with disabilities must
        make an appreciable contribution in manufacturing a supply or
        performing a service.
            (2)  At least 75% of the personnel either engaged in the
        direct labor of manufacturing of a supply or engaged in the
        direct labor in performing a service in this Commonwealth
        must be visually impaired, mentally retarded or physically
        disabled. In addition, at least 75% of the amount paid by the
        Commonwealth agency for the supply or the service shall be
        remitted to the agency for persons with disabilities to cover
        payment of wages and salaries to persons with disabilities
        and to cover other actual manufacturing costs incurred by the
        agency for persons with disabilities in manufacturing of a
        supply.
        "Manufactured."  The transformation of raw materials or the
     assembly of essential component parts or a combination of both
     in the production of a supply which is different in form,
     composition or character from the raw materials or the essential
     component parts. This definition applies only to the assembly of
     a supply.
        "Mentally retarded."  Subaverage general intellectual
     functioning which originates during the developmental period and
     is associated with the impairment of maturation, learning or
     social adjustment.
        "Performed."  Labor provided to do the work to fulfill the
     requirements of the contract.
        "Persons with a disability."  A person who is visually
     impaired, mentally retarded or physically disabled.
        "Physically disabled."  A limitation of most activities and
     functioning by virtue of a severe impairment of the various
     bodily systems which cannot be eliminated, modified or
     substantially reduced by the usual rehabilitation services and
     which precludes competitive employment.
        "Services."  While "services" is defined in section 103
     (relating to definitions), for the purposes of this section, the
     term specifically includes such packaging or repackaging which,
     as determined by the department, provides a substantial and real
     benefit to the Commonwealth agency which needs the supplies to
     be packaged or repackaged. When packaging or repackaging
     services are to be provided to a Commonwealth agency by an
     agency for persons with disabilities, the Commonwealth agency
     shall make the arrangements for the procurement of the supplies
     to be packaged or repackaged. Packaging or repackaging shall not
     be considered "services" if the manufacturer usually packages or
     repackages the supplies in the quantity required by the agency
     as a part of its manufacturing and distribution process. This
     definition applies only to the packaging or repackaging of a
     supply.
        "Supply manufactured by or service performed by person with
     disabilities."  (Deleted by amendment).
        "Visually impaired."  A condition in which central visual
     acuity does not exceed 20/200 in the better eye with correcting
     lenses or in which the widest diameter of the visual field
     subtends an angle no greater than 20 degrees.
     (Dec. 9, 2002, P.L.1340, No.159, eff. 30 days)

        Cross References.  Section 520 is referred to in section 511
     of this title.

Last modified: November 27, 2007