1. (a) Certification to participate in the program. To ensure compliance with the Act, the State Purchasing Director shall certify individuals and qualified nonprofit agencies prior to contract award.
2. (b) Individual Certification. An individual and/or their guardian and/or legal representative (power of attorney) shall apply for certification to the State Use Program by submitting the following documents to indicate the individual meets the statutory definition of a person with significant disabilities, the individual shall provide:
3. (1) a copy of the application and supporting documentation the individual submitted to the Social Security Administration for determination of disability and a copy of the final disability determination from the Administration.
4. (2) a narrative report, prepared and signed by a person licensed in the state of Oklahoma as a physician describing physical disabilities, or a psychiatrist or psychologist describing mental disabilities. The report shall fully describe the nature of the disability constituting a substantial handicap to employment and preventing the individual form engaging in normal competitive employment with supporting medical records; and
5. (3) any additional information the State Purchasing Director may require related to work history, vocational assessments, and work-related documents.
6. (c) Qualified Nonprofit Agency Certification. A nonprofit agency that has been approved by the Wage and Hour Division of the U.S. Department of Labor as a sheltered workshop shall apply for certification to the State Use Program and submit the following documents that indicate the nonprofit agency meets the requirements of a qualified nonprofit agency:
7. (1) a tax-exempt FEI number issued by the IRS, or a certificate from the IRS verifying that the entity meets the requirements for nonprofit status as defined by the IRS; and,
8. (2) an affidavit that the individual with significant disabilities will perform 75% of the work to produce the products or services the nonprofit agency offers for procurement to the state; and
9. (3) a current copy of the nonprofit agency’s certificate of insurance for worker's compensation insurance and a Certificate of Liability, and/or
10. (4) a copy of certification as a sheltered workshop issued by the U.S. Department of Labor.
11. (d) Continuation of Certification.
12. (1) No later than January 31st of each year succeeding initial certification by the State Purchasing Director, the qualified nonprofit agency shall provide evidence to the State Purchasing Director as follows:
13. (A) a report for products and services on the State Use Program procurement schedule indicating the qualified nonprofit agency for the person with significant disabilities total labor hours in direct production by disabled workers and total agency labor hours in direct production by non-disabled workers during the previous calendar year.
14. (B) a report indicating the number of individuals with significant disabilities employed by the qualified nonprofit agency and engaged in Direct Labor; AND
15. (C) a report indicating the amount of wages and benefits paid to individuals with significant disabilities engaged in Direct Labor; AND
16. (D) a current copy of the qualified nonprofit agency certificate of insurance for worker's compensation insurance and Certificate of Liability, and/or
17. (E) a copy of certification as a sheltered workshop issued by the U.S. Department of Labor.
18. (2) An person with significant disabilities shall submit:
19. (A) a work history for the previous calendar year that indicates the number of Direct Labor hours the individual worked and the number of Direct Labor hours a subcontractor or other individuals worked; and
20. (B) a current physician, psychiatrist or psychologist statement indicating the current status of the condition which constitutes a substantial handicap to employment, which shall include changes in the condition since the previous date of certification by the State Purchasing Director.
21. (e) Failure to meet certification. Whenever a qualified nonprofit agency or aperson with significant disabilities fails to meet requirements of certification, the State Purchasing Director may:
22. (1) Remove the qualified nonprofit agency or individuals’ products and services from the procurement schedule; or,
23. (2) Revoke the certification of the qualified nonprofit agency; or,
24. (3) Cancel awarded contracts to the qualified nonprofit agency or individual.
25. (f) Notice of failure to meet qualifications. The State Purchasing Director shall direct the contracting officer to send written notice to the qualified nonprofit agency or individual at least thirty days prior to the effective date of the action taken pursuant to subsection (e) of this section.

Added at 31 Ok Reg 1551, eff 9-12-14

Amended at 40 Ok Reg 2145, eff 9-14-23

Amended at 42 Ok Reg, Number 21, effective 8-1-25