New Vendor Criteria

Policy Statement regarding the Employment First Initiative by the Kansas State Use Committee

Whereas the State of Kansas Legislature passed the Employment First Initiative (KSA 44-1136) during its 2011 Session, and

Whereas the Kansas State Use Committee (the “Committee”) is an entity established by the Kansas Legislature (KSA 75-3317 et seq.); and

Whereas the Committee has developed New Vendor Criteria for organizations who wish to become a qualified vendor and participate in the State Use Program; and

Whereas the Committee recognizes that many organizations (including qualified vendors) strive to provide competitive and integrated employment opportunities within their organizations and within their communities.

Therefore, let it be known that:

At its June 8, 2012 meeting, the Committee favorably considered a resolution supporting the Kansas Employment First Initiative, which includes the following concepts:

  • Current or Potential Qualified Vendors who employ individuals in a non-integrated setting paying less than minimum wage under a Federal Department of Labor Special Minimum Wage Certificate should consider opportunities to develop and offer employment programs to assist the persons they serve to become employed in competitive employment in a regular business setting;
  • Current or Potential Qualified Vendors who employ individuals in a non-integrated setting paying less than minimum wage under a Federal Department of Labor Special Minimum Wage Certificate should provide services under a person centered plan and within that plan document that the individual was offered the choice of pursuing employment as an alternative to continuing their present program.

Furthermore, at its August 9, 2012 meeting, the Committee favorably considered a resolution adding the following expectation to its New Vendor Criteria for any community organization which requests acceptance as a qualified vendor within the Kansas State Use Program:

  • Provide a statement which discusses the agency’s current efforts related to the Employment First Initiative which advocates providing assistance to individuals with disabilities become employed at competitive wages in integrated settings.

________________________________________________________
Steven Gieber, Chairman                Date
Kansas State Use Committee

Kansas State Use Committee
New Vendor Criteria

Legislative Definition

KSA 75-3317

"Qualified vendor" means a not-for-profit entity incorporated in the state of Kansas that:

  1. Primarily employs the blind or disabled;
  2. is operated in the interest of and for the benefit of the blind or persons with other severe disabilities, or both;
  3. the net income of such entity shall not, in whole or any part ,financially benefit any shareholder or other individual; and
  4. such qualified vendor’s primary purpose shall be to provide employment for persons who are blind or have other severe disabilities;

State Use Committee - Expectations and documentation required for acceptance as a State Use Vendor.

  1. IRS determination letter confirming 501(c)(3) status;
  2. Articles of Incorporation stating the agency's purpose; articles shall be certified by Kansas Secretary of State;
  3. Current Agency By-Laws which indicate that no part of the net earnings will accrue to the benefit of employees, directors, etc.;
  4. Products / Services must be manufactured / performed and offered by Kansans;
  5. Provide samples of agency literature which demonstrate how the agency portrays people with disabilities and / or endorsement of its nonprofit mission;
  6. Documentation of ratio of direct labor required to produce the goods / services offered: Persons with disability vs. persons without disability;
  7. Provide a statement which discusses the agency’s current efforts related to the Employment First Initiative which advocates providing assistance to individuals with disabilities become employed at competitive wages in integrated settings.
  8. Any proposed product / service offerings must be:
    • Quality products and services that are applicable to the needs of customers
    • At prices competitive with the open market;
    • Delivery Terms that are consistent with and competitive with those available in the open market and in line with the needs of customers
  9. Visitation by at least one member of the State Use Committee to the agency prior to acceptance as a qualified State Use Vendor.

Original Criteria Approved by State Use Committee March 9, 2006
Modifications to Criteria approved by State Use committee August 9, 2012