218-RICR-50-00-3
218-RICR-50-00-3. Business Enterprises Program Regulations (version Adoption, 06/19/2018 to 01/04/2022)
3.1 PURPOSE
A. The Office of
Rehabilitation Services/Services for the Blind and Visually Impaired
(SBVI), as the designated state unit, has the authority to act as the
"State Licensing Agency" or "S.L.A." for the
purpose of establishing vending facilities in order to carry out its
full responsibilities under the Randolph-Sheppard Act to provide
employment to qualified persons who are blind. These regulations are
designed to assure that priority is given to blind persons in the
operation of vending facilities on State and Federal property, and
wherever feasible, one or more vending facilities are established on
State and Federal property. These regulations will:
1. define required conditions
for applicant to be considered a qualified applicant
2. define standards for
selection of licensed vendors
3. define selection, transfer,
and promotion system for vendors
4. specify facility
bid/assignment criteria and process
5. specify review, hearing,
and arbitration of vendor complaints
6. specify factors for
termination
3.2 AUTHORITY
These rules and regulations
are promulgated pursuant to R.I. Gen. Laws §§ 42-12-8 through 17
and 22; and 29 U.S.C. §§ 721-722.
3.3 INCORPORATED MATERIALS
A. These regulations hereby
adopt and incorporate the following, not including any further
editions or amendments thereof and only to the extent that the
provisions therein are not inconsistent with these regulations.
1. The Randolph-Sheppard Act,
P.L. 74-732, as amended by P.L. 83-565 and P.L. 93-516; 20
U.S.C. § 107 et seq . (1974).
2. 34 C.F.R. Part 395 Vending
Facility Program for The Blind on Federal and Other Property (2011).
3. 2 C.F.R. Part 3474—Uniform
Administrative Requirements, Cost Principles, And Audit Requirements
for Federal Awards (2014).
4. The Education Department
General Administrative Regulations (EDGAR) as follows:
a. Administration of Grants
and Agreements with Institutions of Higher Education, Hospitals, and
other Non-profit Organizations, with respect to subgrants to entities
that are not State or local governments or Indian tribal
organizations, 34 C.F.R. Part 74 (2014);
b. State Administered
Programs, 34 C.F.R. Part 76 (2014);
c. Definitions that Apply to
Department Regulations, 34 C.F.R. Part 77 (2014);
d. Intergovernmental Review of
Department of Education Programs and Activities, 34 C.F.R. Part 79
(2014);
e. Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local
Governments, 34 C.F.R. Part 80 (2014);
f. General Education
Provisions Act - Enforcement, 34 C.F.R. Part 81 (2014);
g. New Restrictions on
Lobbying, 34 C.F.R. Part 82 (1990);
h. Implementation of the
Nondiscrimination and Equal Opportunity provisions of the Workforce
Innovation and Opportunity Act, 29 C.F.R., Part 38 (2015);
i. Drug and Alcohol Abuse
Prevention, 34 C.F.R. Part 86 (2014);
j. Protection of Human
Subjects, 34 C.F.R. Part 97 (1991);
k. Student Rights in Research,
Experimental Programs, And Testing, Part 98 (1984);
l. Family Educational Rights
and Privacy, 34 C.F.R. Part 99 (1988).
5. 2 C.F.R. Part 180, OMB
Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement)), as adopted in 2 C.F.R. Part 3485 (2012).
3.4 DEFINITIONS
A. For the purpose of these
regulations, the following terms have the following meanings:
1. "Acceptable vending
company" means a company who provides automatic vending machine
services and who agrees to send to the ORS/SBVI proceeds from the
operation of any automatic vending machine on State property as
determined and agreed upon pursuant to a contract awarded by the
Division of Purchases.
2. "Agency-operated
facility" means a facility with no manager: This will typically
be a facility that was placed on bid to all eligible Vendor/
licensees, and no Vendor/licensee bid to operate the facility. As a
result, the S.L.A. may directly manage the facility while seeking
placement of a replacement blind Vendor/licensee.
3. "Automatic vending
machine" means any machine which automatically dispenses for
money, goods, such as, but not limited to, soda, candy, lottery
tickets, food, coffee, newspapers, sundries, etc.
4. "Blind
vendor/licensee" means an individual who has been licensed to
operate a vending facility by the State Licensing Agency, and is
actually operating a vending facility, pursuant to a written
agreement to operating a vending facility and who has successfully
completed all training and a six-(6) month probationary period. The
license which an operator receives shall be issued pursuant to the
following rules and regulations.
5. "Coffee plus"
means the trade name which the State Licensing Agency (S.L.A.) and
the RI State Committee of Blind Vendors (RISCOBV) have adopted, which
is to be used to describe and market vending facilities at all
locations.
6. "Corrective Action
Plan" means a written plan developed with the cooperation of the
vendor identifying the problems leading to the determination that
retraining or other intervention, is necessary and contains the
necessary actions/activities to address and resolve the identified
issues/deficits. A CAP is established for a reasonable time period
and must contain a start and completion date, unless the matter is
deemed ongoing (for example - failure to maintain hours or adhere
to proper sanitation practices - the expectation is that the
correction will be “ongoing” and not limited to a period of
time).
7. "Legally blind"
means visual acuity found to be 20/200 or less in the individual's
better eye with best correction, or visual acuity of better than
20/200 if the widest diameter of the field of vision subtends an
angle no greater than twenty degrees (20°).
8. "Operating hours"
means the hours that the Blind Vendor or Probationary Graduate is
required to be on site and/or directly engaged in tasks directly
related to the business. Operating hours are specified in a
particular permit, but generally consist of a minimum of forty (40)
hours weekly.
9. "Performance
standards" means the results of the semi-annual reviews
conducted at each licensed vendor's facility.
10. "Primary facility"
means a facility that a Vendor/licensee operates as a main facility
and will remain assigned to the Vendor/licensee as per the terms of
the Operating Agreement and Permit/Contract. To the extent possible,
all eligible Vendor/licensees in the program will have a primary
facility.
11. "Probationary
graduate" means an individual who has successfully completed the
training and orientation program, and is operating a facility but is
not yet issued a formal Vendor License. A probationary graduate who
does attain transfer seniority, however, is not eligible to bid on
available facilities until the successful completion of the six (6)
month probationary period. A graduate achieves full vendor/licensee
status upon successful completion of a six (6) month probation period
in operation of a vending facility.
12. "Proceeds" means
the vending machine income generated from the operation from an
automatic vending machine on State property.
13. "Promotion"
means the advancement of a Probationary Graduate to the status of
Blind Vendor.
14. "Satellite facility"
means a vending facility bid as a satellite and which a
Vendor/licensee operates in addition to their primary location. (Such
as a vending-only site). Satellites will be awarded according to the
standard bidding protocol. A Vendor/licensee must be under an
effective operating agreement for a primary facility in order to
submit a bid for another facility as a satellite location. No
Vendor//licensee will be allowed to assume more than one satellite
until all other eligible Vendor/licensees have had the option to
assume a satellite.
15. "Secondary facility"
means a vending facility bid under the standard protocol, but that is
awarded as a secondary site - given there are no Vendor/licensees
interested as a primary. Secondary sites are operated in addition to
their primary location. (Such as a satellite). A Vendor/licensee
must be under an effective operating agreement for a primary facility
in order to submit a bid for another facility as a secondary
location. No Vendor/licensee will be allowed to assume more than one
facility until all other eligible Vendor/licensees have had the
option to assume a facility.
16. "Semi-annual review"
means a formal management evaluation of Vendor/licensee’s operation
which assesses the individuals’ performance, presentation, facility
appearance, and cleanliness, marketing efforts, menu/food pricing,
and health and food safety, as well as data keeping, set aside
obligations and record submission.
17. "Seniority" or
"Transfer seniority" means the length of time a
Vendor/licensee has been active in the BEP; (active is defined as
working under an active operating agreement.) Seniority is applied as
criteria during a bidding cycle, at which time Vendor/licensees may
be competing to be awarded a facility. Seniority begins accruing to a
Vendor/licensee who is a probationary graduate and who has completed
the training process.
18. "State licensing
agency" or "S.L.A." means the designated state unit,
Office of Rehabilitation Services/Services for the Blind and Visually
Impaired, whose purpose is to establish vending facilities in order
to carry out the full responsibilities under the Randolph-Shepard
Act.
19. "State property"
means any building, land, or other real property owned, leased, or
occupied by any department, agency, or instrumentality wholly owned
by the State, unless, with respect to any building, land, or other
real property leased or rented by the State, the lease or rental
agreement shall prohibit the establishment of such vending
facilities.
20. "Suspension"
means a temporary discontinuation (usually thirty (30) calendar days)
of the Operating Agreement resulting in the vendor's relinquishing
control of the vending facility and leaving and/or remaining
away/absent from the facility (or off-site) for the period of
suspension. The Operating Agreement will be reinstated when the
reason for the suspension has been remedied. If the reason(s) for
suspension cannot be remedied, the operating agreement will be
revoked, after a full evidentiary hearing.
21. "Transfer" means
the assignment or re-assignment of a Blind Vendor to a new or vacant
facility. Transfer will not include the move of an existing vending
facility to a new location if the population (entity) to be served at
the new location is substantially the same.
22. "Vending facility"
means a site that has been determined to meet the criteria of a
satisfactory site as defined in 34 C.F.R. § 395.1(x) revised 7/2010
and is operated under a permit. Vending facilities are categorized
as Dry/Wet/Vending Only; Primary, Secondary and Satellite. Includes
but is not limited to cafeterias, snack bars, cart service, shelters,
counters, and such other appropriate auxiliary equipment necessary
for the sale of newspapers, periodicals, tobacco products, foods,
beverages, and other articles or services dispensed manually and
prepared on or off the premises in accordance with all applicable
health laws based on RI Food Code, 216-RICR-50-10-1, and including
the vending or exchange of chances for any lottery which may be
located on public or private property.
3.5 REFERRAL/APPLICATION
A. Qualified applicants
referred to the Business Enterprises Program (BEP) by Vocational
Rehabilitation must meet the following additional requirements:
1. The VR Counselor, in
consultation with the VR Supervisor, must submit a referral to the
BEP Administrator providing pertinent information about the client
and requesting consultation/record review for the potential
candidate. Electronic Mail (e-mail referrals are acceptable.)
2. The referral must include
such information as the clients’ VR status, IPE goal progress,
brief education and employment history overview, current evaluations
or assessments which document the applicants' visual acuity, U.S.
citizenship, a current BCI (Criminal Background Check) report, and a
signed release of information to allow a case file review. Referrals
lacking a current BCI report and signed release of information form
will be automatically rejected.
3. Following the file/client
review, prospective BEP candidates will submit to an interview with
the BEP Administrator and VR Counselor in order to evaluate a
client's overall presentation, degree of interest and motivation, as
well as capacity and potential for success as a future
vendor/Licensee. The interview also serves as a means to provide the
referral with a greater explanation of the expectations and general
outcomes of the BEP. Upon completion of the interview process, the
BEP Administrator will issue written notification of denial or
acceptance in the BEP training process.
4. Accepted candidates will
participate in an on-site evaluation at a designated vending
facility. During this process, applicants will be evaluated to ensure
that they meet the additional requirements listed in § 3.5(B) of
this Part. This will include an assessment of the need for
adjustment training, mobility orientation/instruction, rehabilitation
teaching, assistive technology, focused-task oriented training,
outside training in specialized areas, and/or other support services.
a. Based upon the findings of
the onsite evaluation, additional training and education needs may be
identified specific to the individual outcomes and candidates'
respective performance.
b. The Vocational
Rehabilitation (VR) Counselor must assure that the candidates will be
provided with the appropriate tools needed to assure independent and
successful performance during the evaluation and training process.
Tools (other than those general to the business environment) includes
but is not limited to high-tech and low-tech assistive technology for
the identification of money, merchandise, for safe food handling and
physical mastery of the environment - such as mobility aides and
rehabilitative teaching.
B. Additional Requirements
1. Possess skills or have the
potential capacity to travel independently.
2. Possess and demonstrate
sufficient capacity to learn and/or perform basic applied mathematics
operations and other business management/business skills in order to
effectively engage in proper operation of a business including proper
and accurate recording and maintenance of business and sales records.
3. Demonstrate consistent
stable personality traits to enable proper interaction with the
public.
4. Demonstrate consistent due
care in daily personal cleanliness and grooming.
5. Demonstrate the ability to
communicate effectively, professionally and appropriately with the
general public, the S.L.A., host entities, and suppliers.
6. Demonstrate the ability and
desire to be responsible for the daily operations of a business
enterprise.
7. Demonstrate basic knowledge
of any and all State and Federal requirements for operating a
business - including compliance with all applicable State and
Federal Labor, Wage, and Tax Laws.
8. Demonstrate the desire to
be actively and personally involved in day-to-day business
operations, including (but not withstanding) any physical demands
associated with the operation of the business enterprise.
9. Demonstrate the ability to
perform simple and routine care of the vending facility equipment.
10. Obtain and maintain any
necessary certifications or trade licenses required to engage in a
(food service) business operation according to State Law.
11. Make proper use of any and
all necessary and available assistive technology, so as to assure
maximum independence in the operation of the business enterprise.
12. Be willing to and
demonstrate the ability to work under the supervision of the BEP
management staff.
3.6 TRAINING
A. The S.L.A. will provide for
the training of blind individuals in accordance with the requirements
of 34 C.F.R. § 395.11, and for the development thereafter, with the
active participation of the Rhode Island State Committee of Blind
Vendors (RISCOBV), of training and re-training programs. The basic
component requirements of such programs include:
1. Personal and vocational
adjustment training, including books, tools and other training
materials and related expenses as provided under the VR Program of
the S.L.A.
2. Work experience training
and practice in the trial and actual operation of a vending facility,
including specialized training preparatory to the conduct and
maintenance of financial data, purchasing and fiscal procedures and
financial status reports, food preparation, food safety management
and certification, sanitation, customer service, business management,
and operation.
3. The training program will
generally be as follows:
a. Work experience in a
designated vending facility (unpaid) for a minimum of 4 weeks (unless
waived by BEP Administrator), during which the BEP supervisors
conduct orientation and on-site instruction to the trainee regarding
general facility operation. This on-the-job training may include
public relations, facility layout and atmosphere, merchandising,
purchasing, inventory, ordering, cooking, pricing, equipment
maintenance, and book/record keeping expectations; and
b. Successful completion of an
approved RI Certified Food Manager Curriculum and subsequent RI
Certification pursuant to the R.I. Gen. Laws Chapter 21-27 and
Certification of Managers in Food Safety, 216-RICR-50-10-2; and
c. Successful completion of an
approved Food Service/Culinary Training Curriculum in the absence of
substantial prior experience in the field; or demonstrated mastery
during the onsite evaluation period; and
d. Successful completion of
the HADLEY SCHOOL (online) and NABM- Randolph Sheppard Certificate of
Excellence online training programs.
4. Community-based training
facilities and resources will be used to augment the vending facility
training program. Examples include the Genesis Center, Generations,
the National Restaurant Association, the RI Hospitality Association,
Johnson & Wales University, The RI Small Business Development
Center, and The Carroll Center for the Blind. Trainees will be
required to participate in management and other training from such
local resources as needed. Training may also include course work in
management, marketing, sales, customer relations, and advertising.
5. The S.L.A. will provide for
upward mobility, or continued training for the advancement, or
re-training of vendors, including, as necessary, provision of
post-employment services to assist vendors in their adjustment to
their work assignment and assure the application of their maximum
vocational potential as vending facility managers, and re-training
pursuant to any corrective action warranted. Such training and
services may be provided in conjunction with the VR Counselor.
a. The S.L.A. will also
provide direct or indirect mandatory periodic training on matters the
S.L.A. deems necessary or beneficial. This training is intended for
the improvement of specific individuals and/or the BEP in general.
3.7 LICENSURE
A. The license which an
operator receives will be issued pursuant to the rules and
regulations of the Business Enterprises Program (BEP) and include the
following requirements.
1. The applicant must be
legally blind. "Legally blind" means visual acuity found
to be 20/200 or less in the individual's better eye with best
correction, or visual acuity of better than 20/200 if the widest
diameter of the field of vision subtends an angle no greater than
twenty degrees (20°).
a. Blindness will be
determined by a physician skilled in the diseases of the eye and
certification thereof will be made by the ophthalmological consultant
at the Services for the Blind and Visually Impaired.
b. Legal Blindness is
certified every five (5) years.
2. The applicant must be a
citizen of the United States.
3. The applicant must be
certified by the BEP Administrator of the S.L.A. as qualified to
operate a vending facility.
4. An applicant must be in
need of employment.
B. SUSPENSION AND REVOCATING
1. Immediate suspension:
Grounds for immediate suspension of a license shall exist when any
activity, policy or conduct of a Blind Vendor presents a serious or
imminent hazard to the health, safety, civil rights, and well-being
of the public.
2. Suspension for cause: A
vendor/licensee is subject to suspension for the following reasons,
including, but not limited to:
a. The Blind Vendor/licensee
is in violation of the regulations and/or laws of a governmental
agency; or
b. The Blind Vendor/licensee
demonstrates total unfitness or inability to operate a business
enterprise in compliance with any of the requirements of these
regulations and any applicable Federal and State law, including:
(1) Willfully defrauding a
private vendor or any agency of government of any taxes or other
money due;
(2) Jeopardizing the S.L.A.'s
permit for the facility as a result of building management complaint
and request for removal; or
(3) Abandonment of the
business enterprise; or
(4) Indictment for or
conviction of, a crime.
3. The Blind Vendor/licensee
shall be notified of the reason(s) for any suspension in writing on
the effective day of the suspension, if not earlier. The suspension
becomes effective on the date and at the time specified in said
notice. The notice must offer the operator an opportunity to show
compliance with all lawful requirements for retaining her or his
license. In addition, the vendor/licensee has appeal rights as
outlined in § 1.9 of this Subchapter. The vendor/licensee is
entitled to all grievance procedures afforded by state and federal
law, including an Administrative Hearing.
C. TERMINATION OF LICENSES
1. Any license given to an
individual Blind Vendor/licensee for the operation of a vending
facility on Federal or other property will be terminated for any of
the following reasons:
a. No longer eligible under
the criteria in §§ 3.7(A) and 3.8(A) of this Part, for example,
improvement of vision so that the vendor no longer meets the
definition of blindness.
b. Withdrawal by the
vendor/licensee from the program with or without (I.e. abandonment)
his or her written notification to the S.L.A.
2. All licenses will be issued
for an indefinite period of time but are subject to termination if,
after affording the Blind Vendor/licensee an opportunity for a full
evidentiary hearing, the S.L.A. finds that the vending facility to
which that Blind Vendor/licensee is assigned is not being operated in
accordance with the rules and regulations set forth herein, the terms
and conditions of the permit, or the terms and conditions of the
written agreement between the S.L.A. and the Blind Vendor/licensee.
3.8 SELECTION OF VENDOR
A. The S.L.A., with the active
participation of the State Committee of Blind Vendors, hereby
establishes a selection, transfer, and promotion system for vendors
which will be uniformly applied to all vendor vacancies that develop
or occur in the vending facilities program.
B. General Standards for
Selection of Licensed Vendor: To be eligible for appointment as a
Licensed Vendor, the following basic requirements must be met:
1. An applicant must have
successfully completed the specialized training program for Blind
Vendors as provided by the S.L.A. or a training program of equal
scope and requirements.
2. An applicant must have
acquired sufficient knowledge and skills necessary to the successful
performance of all the tasks or processes which enable the proper
operation of a vending facility.
3. Successful trainees will
advance to Probationary Graduate Status for a period of 6 months,
during which time he/she will operate a designated vending facility
under the direction and supervision of the BEP Supervisory staff.
Ongoing evaluations will be conducted during said probationary
period.
C. General Standards for the
Promotion of Probationary Graduates and Transfer of Blind Vendors and
Active Probationary Graduates
1. In order to ensure the
continuous and orderly coverage of all vending facilities, the
following requirements will be basic to the eligibility for transfer
and promotion:
a. The Blind Vendor/licensee
must have demonstrated his or her ability to successfully operate and
manage a vending facility.
b. The Blind Vendor/licensee
must have adhered to these rules and regulations and operating rules
of the Vending Facilities Program during the immediate past
assignment(s).
c. The Blind Vendor/licensee
must be current with any and all set aside obligations or have
adhered to a payment schedule to repay any debts incurred during
previous assignment(s)if applicable.
d. The Blind Vendor/licensee
must consider, explore, and be prepared to assume certain obligations
which may occur as a result of accepting assignment of a facility
such as: relocation of residence, transportation to and from a
facility and assumption of duties and responsibilities which may or
may not vary from the previous assignment(s) such as payroll expenses
or managing employees, or purchasing insurance.
e. The Blind Vendor/licensee
must be prepared to accept specialized or advanced training prior to
or after transfer or promotion.
D. Conditions for Transfer of
Blind Vendors/licensees and Active Probationary Graduates
1. In accordance with the
standards outlined in § 3.8(B) of this Part above, the
transfer/assignment of Blind Vendors/licensees to a Vending facility
will be made on the basis of transfer seniority as well as
consideration of the Vendor/licensee’s status within the program -
i.e. good standing. Transfer seniority is defined as the length of
time that a Blind Vendor/licensee has been licensed and actually
operated a vending facility located in Rhode Island pursuant to a
written Agreement for Operation of a Vending Facility. Transfer
seniority will not accrue to Vendor/licensees during periods of
suspension that result from performance issues. “Ties” in
seniority accrual of this of those Vendors/licensees competing for a
vacant facility who are otherwise equal on all other criteria may be
decided by a lottery process.
2. The State Licensing Agency
will maintain a Transfer Seniority List.
3. Transfers will also be
based on performance standards related to the Vendor/licensee's
education and experience in operating a business successfully.
Factors that will be considered include but are not limited to:
a. Overall
performance/evidence of good standing;
b. Creative marketing;
c. Appropriate use of
employees;
d. Inventory management;
e. Quality of customer
service;
f. Willingness to learn;
g. Ability to handle increased
responsibility;
h. Payment of all set aside
and other known payables due; and
i. Appropriate engagement with
BEP staff and Host entity personnel.
3.9 FACILITY ASSIGNMENT
A. Whenever there will be a
facility available either as a Primary, Secondary, or Satellite
facility, the State Licensing Agency will provide written notice to
each active blind vendor/licensee, who is in good standing.
B. The bid announcement will
contain at least the following information:
1. Date facility is available
2. Type of facility
3. Financial data for current
fiscal and preceding year to include: gross annual sales, vending
income, total facility proceeds, purchases and payroll
4. Facility personnel: number
of current or projected
5. Building population
6. Hours of operation
7. Holidays
8. Public transportation
9. Miscellaneous information
10. Program contact person and
current manager
11. Cut-off date and time for
submitting application. A minimum of two weeks will be allotted for
submission of applications/bids
C. Attachments to the Bid
Announcement
1. Bid Response Form: The
Vendor/licensee may submit an application to bid for the available
facility as primary or satellite. The final assignment
classification will be based on the highest order selected.
2. Minimum Assignment Criteria
which are specific to the facility to be assigned.
3. Other information as
needed.
D. Withdrawal of Bid
1. A Vendor/licensee may
withdraw their bid at any time prior to bid award.
2. A Vendor/licensee may only
withdraw from an awarded bid with 30-days' notice to the S.L.A. to
allow the S.L.A. to select the next eligible bidder.
E. Assignment/Award Criteria
1. In order to be assigned any
vending facility, the applicant must:
a. Meet the specific criteria
established for that facility;
b. Meet the following general
criteria:
(1) Satisfy all financial
obligations incurred from the operation of the current facility or
past facilities;
(2) Be in good standing with
BEP;
(3) Receive overall passing
score on recent management evaluations, have demonstrated proper
business management and customer service practices, be current with
all weekly financial reports, tax obligations, Vendor/licensee
payments, current with set aside and not otherwise under any
corrective action plans.
3.10 AWARDING OF VENDING
FACILITIES
A. PRIMARY VENDING FACILITIES
1. Generally: A
Vendor/licensee operating a primary vending facility who bids on, is
awarded and accepts a new primary facility automatically relinquishes
their current primary facility.
2. Primary Sites will be
awarded according to the assignment criteria.
3. If a Vendor/licensee who is
operating a secondary is suspended from a primary location, the
Operating Agreement for the Secondary may be terminated. When the
Operating Agreement for the site is terminated, the facility will be
subject to the normal bid process.
4. The successful applicant
may continue to run his/her current facility if there are no eligible
Vendor/licensees awaiting placement. The S.L.A. will make every
effort to reassign the current facility as soon as possible.
5. In the event that the
Vendor/licensee selected refuses to accept the facility, the next
senior and qualified Vendor/licensee applicant will be assigned the
facility.
B. SECONDARY VENDING
FACILITIES
1. If there are no
applications for a facility as a primary facility, any applications
for the facility as a secondary facility will be reviewed. First
priority in assignment will be given to the most senior qualified
applicant who can demonstrate the capacity to efficiently run the
facility and is available to be present at the secondary site
routinely.
2. Secondary sites will be
awarded to Vendor/licensees for a minimum period of six (6) months
under an operating agreement for secondary sites. If at any time an
unassigned qualified Vendor/licensee in the BEP is in need of
assignment - secondary sites will be surrendered.
3. As long as there are no
unassigned Vendor/licensees awaiting placement, the Vendor/licensee
who currently holds it may continue to operate it.
4. Any Vendor/licensee
currently operating a secondary location will go to the bottom of the
seniority list in terms of awarding any additional locations.
Priority for award will be to the Vendor/licensee who has the fewest
number of locations.
5. If a Vendor/licensee who is
operating a secondary is suspended from a primary location, the
Operating Agreement for the secondary may be terminated. When the
Operating Agreement is terminated, the facility will be subject to
the normal bid process.
C. SATELLITE VENDING
FACILITIES
1. A satellite is a vending
facility bid as a satellite and which a Vendor/licensee operates in
addition to their primary location (such as a ‘vending only’
site). Satellites will be awarded according to the standard bidding
protocol. A Vendor/licensee must be under an effective operating
agreement for a primary facility in order to submit a bid for another
facility as a satellite location. No Vendor/licensee will be allowed
to assume more than one satellite until all other eligible
Vendor/licensees have had the option to assume a satellite.
2. No Vendor/licensee will
operate more than one satellite while there are other interested
Vendor/licensees awaiting placement for either primary or secondary
locations.
3. Vendor/licensees who
operate satellite locations will be responsible to maintain and
submit separate records concerning the operation of each facility to
the S.L.A., as well as the payment of the set aside fee payment by
separate checks.
4. If a Vendor/licensee who is
operating a satellite is suspended from a primary or secondary
location, the Operating Agreement for the Satellite may be
terminated. When the Operating Agreement for the satellite is
terminated, the facility will be subject to the normal bid process.
D. Available Facilities
Receiving No Applications
1. If, after the bid process
has been exhausted, no Vendor/licensee has bid to operate a facility
as a primary or secondary or satellite, it may be closed or operated
at the discretion of the S.L.A.
2. If after a secondary bid
process yields no interested Vendor/licensees, and there is no
reasonable belief that new Vendor/licensees will be entering BEP,
then the S.L.A. in consultation with the RISCOBV may elect to
surrender the location.
E. Facility Surrender or
Relinquishment/Reassignment
1. All Vendor/licensees
operating a facility under an operating agreement - whether primary,
secondary, or satellite must operate said facility for a minimum of
thirty (30) days.
2. All Vendor/licensees
wishing to surrender a facility must provide thirty (30) days' notice
to the S.L.A.
3. Exceptions will be made at
the discretion of the S.L.A. for extenuating circumstances such as
documented medical emergencies, substantial changes impacting the
building population such that documented business proceeds are
significantly reduced.
4. All conditions for
surrender seeking exception to the thirty (30) day rule require
documentation.
3.11 VENDING FACILITY EQUIPMENT
AND INITIAL STOCK
A. The S.L.A. is responsible
for furnishing each vending facility with adequate initial stocks of
merchandise, suitable equipment, and petty cash if necessary for the
establishment and operation of such facility.
B. The right, title to, and
interest in the equipment, stock, and petty cash of each vending
facility will be vested in the S.L.A. in accordance with the laws of
the State of Rhode Island, and, the S.L.A., as the duly authorized
agency to administer the Vending Facilities Program, will safeguard
all such equipment, stock, and petty cash, using same for program
purposes only.
C. Expenditures for the
purchase of vending facility equipment and initial stock, petty cash,
and expenditures for major repairs to vending facility equipment,
will be made in accordance with purchasing and disbursement
procedures of the State of Rhode Island.
D. Disposition of Equipment,
Merchandise, and Petty Cash
1. Upon termination of a
vending facility assignment by a vendor, the Blind Vendor will be
permitted to engage in an inventory of all equipment, merchandise,
and petty cash, but the S.L.A. will be responsible to take the
inventory as soon as practicable following such termination. The
S.L.A. will, within a reasonable period of time, submit a Profit and
Loss Statement to the vendor or his or her heirs, and either pay any
remaining profits to him, her or them, or, make demand upon him, her,
or them in the event of debt(s) outstanding at such facility.
2. All equipment and
merchandise will remain at the subject vending facility, excepting
perishables and petty cash, until the final inventory is completed.
3. The petty cash will be
returned to the S.L.A. upon termination of assignment and added to
the value of final inventory.
4. Equipment and stock will be
appraised at current fair market value, then sold for such value, or
retained for the continued operation of that facility by another
vendor, or stored for future use.
5. Proceeds from the sale of
any and all equipment and merchandise, will be deposited in and
credited to the accounts from which they were drawn and apportioned
in accordance with the matching ratio in effect at the time of their
purchase.
E. All equipment and permanent
stock as purchased by the S.L.A. will be labeled according to fixed
asset tracking rules.
1. A complete inventory of all
such goods will be maintained by the S.L.A..
2. Equipment and permanent
stock which is not the property of the State of Rhode Island may be
inventoried at the discretion of the S.L.A. for the purpose of
determining worth/value in the event of unexpected loss, i.e., theft,
fire, etc.
3.12 MAINTENANCE AND REPLACEMENT
OF EQUIPMENT
A. The S.L.A. will maintain,
or cause to be maintained, all vending facility equipment in good
repair and in attractive condition, and the S.L.A. will replace or
cause to be replaced, worn out, or obsolete equipment as required to
assure the continued successful operation of the facility.
B. If there is equipment
present at any vending facility the full title of which is not vested
in the S.L.A., the latter hereby declares no responsibility or
obligation for its maintenance, repair, and replacement.
C. Vending facility equipment
in need of repair or replacement will be reported to the S.L.A.
without delay. Subsequent to such report, the S.L.A. will determine
the costs of repair/replacement. These costs must be verified by
written documentation from an appropriate licensed repair person.
D. Each vendor will take
reasonable care of the equipment assigned to his or her facility, and
perform routine, day-to-day cleaning and maintenance procedures.
3.13 OPERATION
A. Setting Aside of Funds
1. The S.L.A. will set aside,
or cause to be set aside, the net proceeds of the operation of all
vending facilities under the program and vending machine income, a
sum of money which will be based upon a fixed percentage, which shall
apply equally to each vending facility without regard to any vending
facility or vending machine as set forth in 34 C.F.R. § 395.9.
a. The method by which the
S.L.A. shall cause funds to be set aside from the net proceeds of all
vending facilities and locations is as follows:
(1) Set aside rate- The set
aside rate will be considered on an as needed basis depending on the
program's projected expenses as determined by the S.L.A. and RISCOBV
Executive Board, Vendor/licensees shall remit to the S.L.A. the set
aside fee assessed of their facility net proceeds, at least once
annually, at the conclusion of the Federal Fiscal Cycle consistent
with the reporting period set forth in 34 C.F.R. § 395 - RSA-15 -
Report of Vending Facilities Program.
(2) The S.L.A. shall prepare
and submit to the Vendor/licensee a compiled profit and loss summary
based on sales reports submitted by the Vendor/licensee which
identifies the individual set aside obligation.
b. Funds will be set aside
only for the purposes of:
(1) Maintenance and
replacement of equipment;
(2) Purchase of new equipment;
(3) Management services;
(4) Assuring a fair minimum
return to vendors;
B. Vending Facilities Other
Than Automatic Vending Machines
1. Vending facilities other
than automatic vending machines may be located on public or private
property and shall be operated by a licensed blind vendor pursuant to
the rules and regulations of the ORS/SBVI Business Enterprises
Program.
C. Automatic Vending Machines
1. In accordance with the
rules and regulations of the Business Enterprises Program, vending
machine income obtained from the operation of all automatic vending
machines on state property shall accrue to:
a. The Licensed Operator
operating the vending facility, and
b. In the event that there is
no Licensed Operator operating a vending facility on the property, to
the S.L.A. for use in the support of the administration of the
Business Enterprises Program.
D. Leave of Absence
1. Vendor/licensees are
expected to assure continuous operation of a facility during normal
business hours. In the event a vendor/licensee must be absent from a
facility for any period of time, in particular extended absences due
to illness, vacation, or other extended leave, the following applies:
a. When a Blind
Vendor/licensee Probationary Graduate in good standing wishes a
short-term leave of absence for any reason, he/she shall request such
leave at least two (2) weeks prior to the beginning of the time
period. The Vendor/licensee is responsible for finding and paying
the replacement employee. The Blind Vendor/licensee Probationary
Graduate must adhere to all rules pertaining to the use of labor and
provide the S.L.A. the name, contact information, and BCI report for
the individual who will operate the facility during his/her absence
if not previously vetted by the S.L.A. Further, those whose
facilities engage in the preparation and sale of food, shall assure
all replacement individuals have taken the approved food safety
course, preferred to hold a food safety managers license. All rules
of the BEP and those pertinent to the facility operation and
responsibility to the S.L.A. apply.
b. Any absence for a period of
three (3) calendar months shall cause suspension of the operating
agreement.
c. Any agreement that remains
suspended for twelve (12) months shall be terminated according to §
3.14(B)(1)(b) of this Part.
3.14 CORRECTIVE ACTION PLAN (CAP)
AND SUSPENSION
A. Corrective Action Plan: If
it is determined by the S.L.A. that re-training or other intervention
is necessary due to a vendor's performance problem, a Corrective
Action Plan (CAP) may be completed.
1. Performance problems
resulting in the determination that re-training or other intervention
is necessary and development of a Corrective Action Plan include, but
are not limited to:
a. Incidence of unprofessional
behavior, e.g., use of profanity or loud, abusive language or
behavior, poor customer service, inappropriate dress; and/or
b. Cleanliness problems,
inappropriate hygiene, failure to adhere to safe food handling
requirements; and/or
c. Bookkeeping issues, such as
failure to file weekly reports to the S.L.A. in a timely manner,
non-payment of set-aside, failure to obtain current worker's
compensation insurance for employees, failure to make required tax
deposits and payments, failure to file required local, state or
federal tax forms; and/or
d. General management issues
including inappropriate use of labor, low inventory levels, failure
to use cash register, improper recording of receipts, inappropriate
use of the telephone, cable, or lottery equipment, and other problems
related to operating the facility in a business-like manner; and/or
e. Failure to adhere to
operating hours; and/or
f. Failure to comply with
local, state, and federal laws; and/or
g. Personal issues, e.g.,
substance abuse, excessive tardiness, and excessive absences as
determined by the S.L.A.; and/or
h. Failure to pass the
Semi-Annual Review.
2. Determination of Need for
Intervention and/or Corrective Action Plan
a. The S.L.A. may become aware
of performance problems through the results of the semi-annual
reviews, regular supervisory visits, building managers, Department of
Health inspections, or any other valid source of information. Verbal
reports will be accepted but written reports of misconduct are
preferred and will be requested of the complainant(s).
b. Upon S.L.A.'s notification
of a performance problem, BEP Administrator will meet with the
reporting party(ies) (if applicable and/or possible) and the
vendor/licensee to discuss and determine the validity and seriousness
of the complaint and, if valid, determine if a Corrective Action Plan
should be developed and implemented to correct the problem(s).
3. A Corrective Action Plan is
developed with the cooperation of the vendor and identifies the
problems leading to the determination that re-training or other
intervention is necessary, and contains the actions/activities
required to address and resolve the identified issues/deficits.
a. The developed CAP is
reviewed with the Vendor/licensee and signed by both the
Vendor/licensee and BEP Administrator. Accessible copies are
provided to both parties.
b. The vendor/licensee must
show a good faith effort in cooperating and participating in the
activities outlined in the CAP until the end date stated in the CAP.
4. Non-cooperation with
Corrective Action Plan (CAP)
a. Any vendor/licensee who
does not participate in the development and implementation of a
Corrective Action Plan (CAP) will cause her/his Operating Agreement
to be suspended. Moreover, if the S.L.A. determines that the
vendor/licensee is not making a good faith effort to participate in
the CAP, or upon conclusion of the CAP end date, if no real remedy to
the original problem(s) is exhibited, the vendor/licensee will be
subject to suspension as described below.
b. Such suspension shall
result in the vendor's relinquishing control of the vending facility
and leaving and/or remaining away/absent from the facility for the
period of suspension.
c. The vendor/licensee is
deemed to be “not in good standing”, and therefore ineligible to
bid on any other facility (see § 3.8(C) of this Part above) until
the problems/deficits are resolved through a CAP.
d. The vendor/licensee's
license to operate a vending facility may be (either suspended or)
terminated due to non-cooperation.
e. Recurrent performance
problem(s) identified in a CAP which a Vendor/licensee fails to
substantially correct may be cause for termination.
B. Suspension
1. Any operating agreement
issued to a vendor/licensee may also be suspended for the following
reason(s):
a. Extended absence due to
vacation or illness resulting in prolonged incapacity or inability of
the vendor/licensee to operate a vending facility in a manner
consistent with the needs of the location, rules and regulations of
the program, and/or be accountable to the S.L.A. for the operation of
the business enterprise.
b. Any agreement that is
suspended for twelve (12) calendar months shall cease, and the S.L.A.
may terminate the agreement. The Blind Vendor/licensee may then be
placed on an inactive vendor/licensee list according to seniority.
3.15 DISTRIBUTION AND USE OF
INCOME VENDING MACHINES ON FEDERAL PROPERTY
A. Vending machine income from
vending machines on Federal property which has been disbursed to the
State Licensing Agency by a property managing department, agency, or
instrumentality of the United States under the vending machine income
sharing provisions in 34 C.F.R. § 395.8 will accrue to each blind
vendor/licensee operating a vending facility on such Federal
property.
B. Any vending machine income
not disbursed to vendor(s) will be retained by the S.L.A. as and used
for one or more of the following:
1. Maintenance and replacement
of equipment; purchase of new equipment; management services, and
assuring a fair minimum return to vendors.
3.16 ELECTION, ORGANIZATION, AND
FUNCTIONS OF STATE COMMITTEE OF BLIND VENDORS
A. The S.L.A. shall provide
for the biennial election of a State Committee of Blind Vendors, the
functions of which are:
1. Actively participate with
the State licensing agency in major administrative decisions and
policy and program development decisions affecting the overall
administration of the State's vending facility program;
2. Receive and transmit to the
State licensing agency grievances at the request of blind vendors and
serve as advocates for such vendors in connection with such
grievances;
3. Actively participate with
the State licensing agency in the development and administration of a
State system for the transfer and promotion of blind
vendors/licensees;
4. Actively participate with
the State licensing agency in the development of training and
re-training programs for blind vendors/licensees and;
5. Sponsor, with the
assistance of the State licensing agency, meetings and instructional
conferences for blind vendors/licensees within the State.
3.17 ADMINISTRATIVE REVIEW,
EVIDENTIARY HEARINGS AND ARBITRATION OF VENDOR COMPLAINTS
The S.L.A. hereby adopts,
with certain modifications, and incorporates herein, the procedures
set forth in 34 C.F.R. 395.13, Evidentiary Hearings and Arbitration
of Vendor Complaints.
3.18 ACCESS TO PROGRAM AND
FINANCIAL INFORMATION
A. The S.L.A. shall, upon
request, within a reasonable period of time, provide to each blind
vendor/licensee access to all program and financial data of the
S.L.A. relevant to the operation of the vending facility program.
B. Insofar as practicable,
such data shall be made available in Braille, large print, electronic
format, and/or on recorded tape, upon request.
C. At the request of the
vendor/licensee, the S.L.A. will arrange a time convenient to both
parties during normal work hours to assist in the interpretation of
such data.
3.19 EXPLANATION OF RIGHTS AND
RESPONSIBILITIES OF AND TO VENDORS/LICENSEES
A. The S.L.A. shall furnish to
each vendor/licensee copies of documents relevant to the operation of
an assigned vending facility including the following:
1. The agreement for operation
of the vending facility
2. A copy of these Program
Rules and Regulations.
3.20 NON-DISCRIMINATION
A. In accordance with Title VI
of the Civil Rights Act of 1964 (42 U.S.C. § 200d et seq .),
Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C.
§ 794) and Title IX of the Education Amendments of 1972 (20 U.S.C. §
1681 et seq .), the US Department of Health and Human Services
implementing regulations (45 C.F.R. Parts 80 and 84) and the US
Department of Education implementing regulations (34 C.F.R. Parts 104
and 106), the Rhode Island Services for the Blind and Visually
Impaired (RISBVI), Department of Human Services (DHS), does not
discriminate on the basis of race, color, national origin, handicap
or sex in acceptance for or provision or services, employment or
treatment, in its educational and other programs and activities.
Under other provisions of applicable law, RISBVI does not
discriminate on the basis of age, creed or political belief.
B. For further information
about these laws, regulations, and RISBVI’s grievance procedures
for resolution of complaints of discrimination, contact DHS at 600
New London Avenue, Cranston, Rhode Island 02920, telephone number
(401) 462-2130. The Community Relations Liaison Officer is the
coordinator for implementation of Title VI; and the Vocational
Rehabilitation Placement Supervisor is the coordinator for
implementation of Title IX and Section 504. The Director of DHS or
designee has the overall responsibility for RISBVI’s civil rights
compliance.
C. Inquiries concerning the
application of Title IX and 34 C.F.R. Part 106 to RISBVI may also be
made directly to the Assistant Secretary for Civil Rights, US
Department of Education, Washington, DC 20202 or the Office of Civil
Rights, US Department of Education, Region I, Boston, Massachusetts,
02109.