Title 37
Public Property and Works

Chapter 2.4
Habilitation Procurement Program

§ 37-2.4-2. Habilitation procurement board.

(a) There is created the habilitation procurement board within the division of purchasing and general services of the department of administration. The board shall be composed of the following five (5) members:

(1) The chief purchasing officer as defined in subdivision 37-2-7(3) or his/her designee;

(2) The director of the department of behavioral healthcare, developmental disabilities and hospitals created under title 40.1 or his/her designee;

(3) The director of the department of human services created under title 40 or his/her designee;

(4) A person with a disability who shall be appointed to a three (3) year term by the governor with the advice and consent of the senate;

(5) A representative of the private business community who shall be appointed to a three (3) year term by the governor with the advice and consent of the senate;

(b) The board shall meet, as needed, to facilitate the procurement of goods and services from habilitation facilities by a public procurement unit under this chapter by:

(1) Identifying goods and services that are available from habilitation facilities according to the requirements under subsections 37-2.4-3(a), (b) and (c);

(2) Helping to ensure that the goods and services are provided at reasonable quality and delivery levels;

(3) Recommending to the chief purchasing officer prices in accordance with subdivision 37-2.4-3(a)(3) for goods and services that are identified in subdivision (b)(1) of this section;

(4) Developing, maintaining, and recommending to the chief purchasing officer a preferred procurement contract list of goods and services identified and priced under subdivisions (b)(1) and (2) of this section;

(5) Reviewing bids received by a habilitation facility and making a recommendation of contract award to the chief purchasing officer, the awarding authority that will issue the final purchase order and renew specified contracts for set contract times, without competitive bidding, for the purchase of goods and services as provided for in § 37-2.4-3; and

(6) Collecting and reporting program data.

(c) The provisions of subsection 37-2.4-2(b) and subdivision 37-2.4-3(1) are an exception to the procurement provisions under this chapter.

(d) If two (2) or more certified habilitation facilities bid on the solicitation of services, the purchasing agent, as defined in subdivision 37-2-7(19), of the state agency shall award a contract to one of the certified habilitation facility based on a competitive price determination.

(e) The board is authorized to create advisory committees to assist it in the performance of the board’s responsibilities.