NRS334.025. Program to Encourage and Facilitate Purchases by Agencies of Commodities and Services From Organizations for training and employment of persons with mental or physical disabilities.

      1.  The Rehabilitation Division of the Department of Employment, Training and Rehabilitation shall establish and administer a Program to Encourage and Facilitate Purchases by Agencies of Commodities and Services From Organizations.

      2.  The Program may include:

      (a) A method for assisting an agency that wishes to purchase commodities or services from an organization to locate such commodities and services that meet the needs of the agency;

      (b) A method for assisting an organization to locate an agency that wishes to purchase commodities or services from organizations;

      (c) A method for encouraging agencies to purchase commodities and services from organizations;

      (d) A method to review objections to an award of a contract to an organization, which method must be limited to a review of the process used for awarding the contract to ensure that the appropriate procedures were followed in awarding the contract;

      (e) The establishment of a percentage, not to exceed 4 percent, of the full amount of payment to an organization which is awarded a contract for all commodities and services to be provided to the agency pursuant to the contract that is sufficient to pay the cost to the Rehabilitation Division of establishing and administering the Program; and

      (f) A method for collecting information from an agency in a report to the Rehabilitation Division, which report may include, without limitation:

             (1) The number of persons with mental or physical disabilities currently employed at the agency; and

             (2) The number of contracts the agency has entered into pursuant to the Program which are currently in effect and a list of the organizations with which the agency has entered such contracts.

      3.  An organization that wishes to participate in the Program must register with the Rehabilitation Division on a form prescribed by the Administrator before contacting any agency concerning entering into a contract pursuant to the Program.

      4.  In administering the Program, the Rehabilitation Division shall, upon request of an agency or organization, assist the agency or organization in establishing a contract for the purchase of commodities or services.

      5.  A contract entered into pursuant to the Program must provide for a payment to the Rehabilitation Division in an amount equal to the full amount of payment to the organization for all commodities and services to be provided to the agency pursuant to the contract multiplied by the percentage established pursuant to paragraph (e) of subsection 2.

      6.  An organization that has entered into a contract with an agency pursuant to the Program shall report quarterly to the Rehabilitation Division, on a form prescribed by the Administrator, such information as the Rehabilitation Division deems necessary to administer the Program.

      7.  The Administrator may adopt regulations to carry out the provisions of this section.

      8.  As used in this section:

      (a) “Administrator” means the Administrator of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation.

      (b) “Agency” means a local government as defined in NRS 332.015 and using agencies as defined in NRS 333.020.

      (c) “Organization” means an organization that is recognized as exempt pursuant to the provisions of 26 U.S.C. § 501(c)(3) whose primary purpose is the training and employment of persons with mental or physical disabilities, including, without limitation, a provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310, inclusive.

      (Added to NRS by 2001, 1536; A 2005, 1443; 2007, 2494, 2495; 2009, 2238)