§ 35.21  RESTRICTION OF PURCHASES.
   (A)   Purchases from the Department of Correction.
      (1)   A governmental body shall purchase supplies and services produced or manufactured by the Department of Correction as listed in the Department’s printed catalog unless the supplies and services cannot be furnished in a timely manner.
      (2)   Supplies and services purchased from the Department of Correction must:
         (a)   Meet the specifications and needs of the purchasing governmental body; and
         (b)   Be purchased at a fair market price.
      (3)   If these requirements are not met, the governmental body is not required to purchase supplies from the Department of Correction.
      (4)   The Department of Correction shall furnish each governmental body a catalog containing:
         (a)   Supplies and services available for sale; and
         (b)   Prices of supplies and services available for sale.
   (B)   Purchases of rehabilitation center products.
      (1)   A governmental body shall purchase articles produced by the state rehabilitation center for the blind and visually impaired under the same conditions as articles produces by the Department of Correction, unless similar articles are produced by the governmental body.
      (2)   The state rehabilitation services bureau shall publish a catalog for the use of the governmental bodies, show the products and services available through the rehabilitation center.
      (3)   Whenever a governmental body needs an article listed in the catalog, the governmental body:
         (a)   Shall give the bureau a reasonable time to produce or supply the article; and
         (b)   Except for an article produced by the Department of Correction, may not elsewhere:
            1.   Contract for;
            2.   Purchase;
            3.   Pay a bill for; and
            4.   An article described in the catalog unless the article cannot be furnished by the Bureau.
      (4)   A governmental body may contract elsewhere for the purchase of an article described in the catalog if the Bureau provides a written statement that the Bureau cannot furnish the article.
      (5)   Supplies purchased from the Bureau must:
         (a)   Meet the specifications and needs of the purchasing governmental body; and
         (b)   Be purchased at a fair market price.
      (6)   If these requirements are not met, the governmental body is not required to purchase supplies from the Bureau.
   (C)   Purchases from qualified non-profit agencies for person with severe disabilities.
      (1)   A governmental body that is a political subdivision may purchase supplies and services from a qualified non-profit agency for persons with serve disabilities under the same conditions as supplies produced by the Department of Correction are purchased.
      (2)   A governmental body may apportion purchases of supplies and services from qualified agencies on an equitable basis among the interested qualified agencies. Supplies purchased from a qualified agency must:
         (a)   Meet the specifications and needs of the purchasing governmental body; and
         (b)   Be purchased at a fair market price.
(2014 Code, § A3.2(7))