This text of Louisiana § 39:1604.4 (Preference for goods manufactured, or services performed by individuals with) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§1604.4. Preference for goods manufactured, or services performed by individuals with
disabilities through supported employment providers; definitions; coordinating
council
A.Every agency shall give a preference in its purchasing practices to goods
manufactured and services performed by individuals with disabilities through supported
employment providers, provided such goods manufactured or services performed are equal
in quality and reasonable in the rate charged based upon those goods and services available
from other providers.
B.There is hereby created within the Louisiana Department of Health, the "State Use
Council for the Purchase of Goods and Services Provided by Individuals with Disabilities",
hereinafter referred to as "council", whose function shall be to coordinate and facili
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§1604.4. Preference for goods manufactured, or services performed by individuals with
disabilities through supported employment providers; definitions; coordinating
council
A. Every agency shall give a preference in its purchasing practices to goods
manufactured and services performed by individuals with disabilities through supported
employment providers, provided such goods manufactured or services performed are equal
in quality and reasonable in the rate charged based upon those goods and services available
from other providers.
B. There is hereby created within the Louisiana Department of Health, the "State Use
Council for the Purchase of Goods and Services Provided by Individuals with Disabilities",
hereinafter referred to as "council", whose function shall be to coordinate and facilitate
carrying out the provisions of this Section and the provisions of R.S. 38:2261.
(1) The membership of the council shall be determined by the secretary of the
Louisiana Department of Health.
(2) The council shall have authority to designate and contract with a central nonprofit
agency to assist supported employment providers in submitting applications for the selection
of suitable goods and services, to facilitate the allocation of orders among qualified
supported employment providers, and otherwise to assist the council in performing its
functions.
(3) The council shall solicit and evaluate competitive sealed proposals pursuant to
R.S. 39:1595 at least every five years to designate and contract with a central nonprofit
agency.
C. The Louisiana Department of Health may adopt, promulgate, and enforce such
rules and regulations as are necessary and appropriate to implement the provisions of this
Section and the provisions of R.S. 38:2261. The regulations shall be promulgated in
accordance with the Administrative Procedure Act, R.S. 49:950 et seq.
D. For the purposes of this Section, the following terms are defined as follows:
(1) "Central nonprofit agency for individuals with disabilities" means an agency that:
(a) Is incorporated under the Louisiana Nonprofit Corporation Law and operated in
the interests of individuals with disabilities, and the income of which does not inure in
whole or in part to the benefit of any shareholder or other private individual.
(b) Complies with any applicable occupational health and safety standards provided
by the statutes or regulations of this state and of the United States.
(2) "Client" means an individual with a disability who is employed by a supported
employment provider.
(3) "Direct labor" means all labor involved in the manufacture of goods or the
performance of services except for supervision, instruction, administration, and shipping.
(4) "Goods manufactured and services performed by individuals with disabilities"
means goods and services for which not less than forty percent of the man-hours of direct
labor required for manufacture or performance is provided by individuals with disabilities.
(5) "Individuals with disabilities" means individuals with a physical, behavioral,
developmental, intellectual, sensory, mental, or addictive disorder which constitutes a
substantial obstacle to their employment.
(6) "Supported employment provider" means a nonprofit organization, program, or
entity as defined by R.S. 12:201 et seq., which provides gainful, competitive, integrated
employment, training, and rehabilitation services for individuals with disabilities in
compliance with a central nonprofit agency for individuals with disabilities. In Fiscal Years
2019-2020 and 2020-2021, "supported employment provider" shall also include any sheltered
workshop transitioning to a model of gainful, competitive, integrated employment, training,
and rehabilitation services for individuals with disabilities.