# Title 25 — Mental and Physical Illness or Disability

## Chapter 25-16.2 — Work Activity Center Contract Awards

### § 25-16.2-01. Work activity center - Definition.

As used in this chapter "work activity center" means a facility, licensed by the department of
health and human services, which is located in the state and operated by a nonprofit corporation
organized for the primary purpose of employing and providing rehabilitative activities for
individuals with physical disabilities, developmental disabilities, or chronic mental illnesses.
### § 25-16.2-01.1. Purpose.

It is in the public interest to advance employment opportunities to individuals with disabilities
so that those individuals may acquire job skills and training and gain greater independence and
quality of life. This state is committed to promoting self-sufficiency, integrating individuals with
disabilities into our communities, and maximizing the earning potential of individuals with
disabilities.
### § 25-16.2-02. Direct bidding with work activity centers for highway grade stakes.

Unless no work activity center bids on the contract, the office of management and budget or
the department of transportation, whichever may be authorized to purchase highway grade
stakes, shall award any contract for the purchase of highway grade stakes to work activity
centers. The office of management and budget or the department of transportation shall request
bids from work activity centers and shall award any contract for the purchase of highway grade
stakes on the basis of these factors:
1. Whether the product contracted for is supplied by the work activity center at a fair
market price.
2. Whether the product to be supplied by the work activity center meets the specifications
of the department of transportation.
3. The ability, capacity, and skill of the work activity center to perform the contract
required.
4. The character, integrity, reputation, judgment, experience, and efficiency of the work
activity center.
5. Whether the work activity center can perform the contract within the time specified.
6. The quality of performance of previous contracts negotiated with the work activity
center.
7. The previous and existing compliance by the work activity center with laws relating to
the contract.
### § 25-16.2-03. Contract requirement.

Any contract awarded pursuant to this chapter must be in writing and must be made
available by the purchasing party to any person upon request. The contract must include the
purchase price, the quantity of commodity or service purchased, and the time period for which
the commodity or service will be provided.
### § 25-16.2-04. Direct purchase from work activity centers.

If acceptable commodities or services are produced or provided by a work activity center at
fair market price, any state entity or political subdivision may enter a contract to purchase
directly from the work activity center without obtaining competition.
