SD electronic waste doc S-10700-00005455.pdf

Work Unlimited Electronic Waste Recycling Suitability Determination Notice 10700-00005455

SD Electronic Waste Recycling Page 1 of 3

NOTICE OF DETERMINATION OF PRODUCT SUITABILITY

FROM AN OREGON FORWARD CONTRACTOR

Before the Chief Procurement Officer

Department of Administrative Services, of the State of Oregon

In the Matter of the Oregon Forward Contractor, ) DETERMINATION OF Work Unlimited, ) SUITABILITY & ORDER, Request for Suitability for providing ) Electronic Waste Recycling )

ORS 279.845(2) requires the Department of Administrative Services (DAS) to establish and publish a list of sources or potential sources of products and services produced by qualified non-profit agencies for individuals with disabilities, which DAS determines are suitable for procurement by public agencies pursuant to ORS 279A.025(4), 279C.335(c) and ORS 279.835 to 279.850.

Oregon Administrative Rule (OAR) 125-055-0020 outlines the process used by DAS to make such a suitability determination.

FINDINGS OF FACT

A. Request:

(1) In accordance with OAR 125-055-0020(2), Work Unlimited has submitted a request and information to be listed on the Oregon Forward Program Procurement List for providing Electronic Waste Recycling, defined as the collection of and responsible reuse or disposal of electrical devices that are no longer needed, are obsolete, or have reached the end of their useful life.the collection of electrical devices that are no longer needed, are obsolete, or have reached the end of their useful life. which are then sold to or responsibly discarded The following information satisfies the criteria required under OAR 125-055-0020(3).

(a) Oregon Forward Program Status: Work Unlimited is compliant as an Oregon Forward Contractor in accordance with ORS 279.835(6) and OAR 125-055-0005 through 125-055-0040.

(b) Ownership: All equipment utilized in providing Electronic Waste Recycling is the sole property of or leased by Work Unlimited.

(c) Tied Products: Work Unlimited shall not obligate a public agency to buy a product tied to the service provided, unless the product provided is incidental to, or consumed in the performance of the service.

(d) Pricing: DAS will determine pricing per contract specifications. Pricing will meet the requirements of OAR 125-055-0030(2), Determination of Price.

(e) Purpose, Value, Capability:

i. Labor Operations: Work Unlimited plans to employ at least six (6) individuals with disabilities, as defined in ORS 279.835(3), who will complete the tasks.

ii. Appreciable Value: Individuals with qualifying disabilities will perform the activities involved in collection and disassembly of electronic components. Those tasks include disassembly and separation of the component parts of the electronic items collected.

These activities satisfy the requirement of a measurable addition of value in the rendition of the service.

SD Electronic Waste Recycling Page 2 of 3

iii. Salaries: Work Unlimited employees are compensated for their work performed at a rate of pay that is consistent with the applicable legal requirements of state and federal government.

(f) Subcontractor Disclosure: There will not be any subcontractors or partnerships needed for Work Unlimited to provide Electronic Waste Recycling.

(g) Quality Standards and Delivery Schedules: Work Unlimited will provide Electronic Waste Recycling as stipulated by each statement of work. Work will be performed in accordance with industry and OSHA requirements.

B. Need for Product or Service

Public Agencies in Benton, Marion and Polk Counties, subject to ORS 279.850(1), routinely require Electronic Waste Recycling.

CONCLUSIONS

Based on the Suitability Determination request and DAS’s fact-finding, Work Unlimited has satisfied the criteria required by OAR 125-055-0020 and will be listed on the Oregon Forward Program Procurement List for Electronic Waste Recycling as suitable for procurement by public agencies.

ORDER

DAS has determined that Electronic Waste Recycling, provided by Work Unlimited meet all the criteria for service suitability in accordance with OAR 125-055-0020 and shall be listed on the Oregon Forward Program Procurement List as suitable for procurement by public agencies pursuant to ORS 279A.025(4), 279C.335(a) and ORS 279.835 to 279.850 subject to the following conditions:

a. Work Unlimited is approved as a provider of Electronic Waste Recycling to public agencies subject to ORS 279.850(1) in Benton, Marion, and Polk Counties, provided they can meet the specifications and timelines of the contracting agency. Prior to offering these services in any other county, DAS must approve the amendment request from the Oregon Forward Program.

The Notice for Determination of Suitability to include Electronic Waste Recycling, provided by Work Unlimited, on the Oregon Forward Program Procurement List shall constitute a final order under ORS 184.484.

1/17/2023 _________________________________________ Date of Posting Oregon Forward Program Coordinator

Department of Administrative Services

2/16/2023 Effective Date of Listing

SD Electronic Waste Recycling Page 3 of 3

C. Protest of Suitability Determination:

A person or entity may protest this suitability determination in writing by 5:00 p.m. on the 30th calendar day following the Date of Posting. The protest must be received, at DAS, submitted to the attention of the Oregon Forward Program Coordinator at 1225 Ferry St., SE, Salem, OR 97301. The written protest must demonstrate:

a. How the listing will adversely affect the person’s or entity’s ability to compete for public contracts for the product or service proposed to be listed, and,

b. How the product or service to be listed fails to satisfy the criteria stated in OAR 125-055-

0020(2).

If a timely, written protest is received, DAS will consider the protest and issue a written response to the protest in accordance with OAR 125-055-0020(6). In considering a timely protest, DAS may request further information and comment from the complaining party and the Oregon Forward Contractor that submitted the request for Suitability Determination.

DAS will not consider a protest unless it is in writing and received by 3:00 p.m. on the 30th day following the Date of Posting.