12-150 C.M.R. ch. 15, § 4 - PREFERENCE
1. Application of the Preference. This
applies to State property only. The property manager shall adopt policies and
take actions necessary to ensure that blind persons are given preference in the
establishment and the operation of vending facilities on property under its
jurisdiction. The preference must be broadly construed consistent with the
intent of the Randolph-Sheppard Act and BEP law, namely, to provide economic
opportunities to blind persons.
A. Vending
machines. The property manager shall allow the Division to place vending
machines in a building where a vending facility operated by a manager would not
be feasible. The Division must be permitted the opportunity to place vending
machines in such circumstances as a right of first refusal.
(1) The Division shall have the authority to
select a third-party vendor to provide vending services.
(2) The Division may elect to allow the
property manager to issue a request for competitive bidding if the purposes of
the BEP Law and these Rules are satisfied.
(3) Direct Competition. Arrange for the
assignment of the income derived from vending machines that are located in
reasonable proximity to and direct competition with a vending facility to
accrue to the Division's account. The Division, in its sole discretion, may
elect to share revenue from vending machines operated by a third-party vendor
with the property management. Such an income sharing may be time limited and
affect pricing of vending products.
B. Cafeterias. Application of the preference
may be through invitation by the property manager for the Division to assign a
manager to operate the facility or to respond to a request for competitive
bidding. The scoring for any such competitive bidding must recognize the
preference consistent with the purposes of the BEP Law. A mere tiebreaker in
scoring the bids shall not be sufficient to satisfy the preference. Cost alone,
including the prohibition against charging the SLA or a manager for rent,
electricity or heat, may not be a factor to defeat the preference.
C. Other Vending Facilities. The property
manager may not contract with any third-party entity before affording the SLA
or manager a preference in operating a vending facility other than vending
machines and cafeterias.
2. Rental fees are prohibited. Property
management may not require the Division or the manager to pay rent, electricity
or heat as a condition of operating any vending facility except as expressly
permitted by
26 M.R.S.
§1418-K (2). A fee for
rent, electricity or heat is not permitted if the public building is a
workplace for public employees, even if members of the public also use the
public building.
3. Direct
Competition. Property management may not operate or allow the operation of any
vending machine or vending facility, whether on an ongoing, intermittent, or
temporary basis, on the same premises as a vending facility operated by a
manager, except as follows:
A. Vending
machines or vending facilities may be operated in areas serving employees the
majority of whom normally do not have direct access (in terms of uninterrupted
ease of approach and the amount of time required to patronize the vending
facility) to the vending facility operated by a blind vendor.
4. The Division may consult with
property management as to logistical matters related to the vending facilities,
including building access and security issues, product type, and similar
matters.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
1. Application of the Preference. This applies to State property only. The property manager shall adopt policies and take actions necessary to ensure that blind persons are given preference in the establishment and the operation of vending facilities on property under its jurisdiction. The preference must be broadly construed consistent with the intent of the Randolph-Sheppard Act and BEP law, namely, to provide economic opportunities to blind persons.
A. Vending machines. The property manager shall allow the Division to place vending machines in a building where a vending facility operated by a manager would not be feasible. The Division must be permitted the opportunity to place vending machines in such circumstances as a right of first refusal.
(1) The Division shall have the authority to select a third-party vendor to provide vending services.
(2) The Division may elect to allow the property manager to issue a request for competitive bidding if the purposes of the BEP Law and these Rules are satisfied.
(3) Direct Competition. Arrange for the assignment of the income derived from vending machines that are located in reasonable proximity to and direct competition with a vending facility to accrue to the Division's account. The Division, in its sole discretion, may elect to share revenue from vending machines operated by a third-party vendor with the property management. Such an income sharing may be time limited and affect pricing of vending products.
B. Cafeterias. Application of the preference may be through invitation by the property manager for the Division to assign a manager to operate the facility or to respond to a request for competitive bidding. The scoring for any such competitive bidding must recognize the preference consistent with the purposes of the BEP Law. A mere tiebreaker in scoring the bids shall not be sufficient to satisfy the preference. Cost alone, including the prohibition against charging the SLA or a manager for rent, electricity or heat, may not be a factor to defeat the preference.
C. Other Vending Facilities. The property manager may not contract with any third-party entity before affording the SLA or manager a preference in operating a vending facility other than vending machines and cafeterias.
2. Rental fees are prohibited. Property management may not require the Division or the manager to pay rent, electricity or heat as a condition of operating any vending facility except as expressly permitted by 26 M.R.S. §1418-K (2). A fee for rent, electricity or heat is not permitted if the public building is a workplace for public employees, even if members of the public also use the public building.
3. Direct Competition. Property management may not operate or allow the operation of any vending machine or vending facility, whether on an ongoing, intermittent, or temporary basis, on the same premises as a vending facility operated by a manager, except as follows:
A. Vending machines or vending facilities may be operated in areas serving employees the majority of whom normally do not have direct access (in terms of uninterrupted ease of approach and the amount of time required to patronize the vending facility) to the vending facility operated by a blind vendor.
4. The Division may consult with property management as to logistical matters related to the vending facilities, including building access and security issues, product type, and similar matters.