Or. Admin. Code § 585-015-0050

Current through Register Vol. 63, No. 12, December 1, 2024

Section 585-015-0050 - Subcontracting

(1) CRITERIA FOR APPROVAL - It is the intent of the Commission to fully support vending facility managers in their direct operation of their assigned vending facilities, and in compliance with the Statement of Full-Time Employment. In the following limited circumstances, the Commission may provide written approval for a vending facility manger to enter into an agreement with an approved subcontractor.

(a) A vending facility manager must meet the following criteria before the Commission will consider approval of an agreement between a vending facility manager and an approved subcontractor:

(A) The vending facility manager meets minimum requirements of OAR 585-015-0045 vending facility manager statement of full-time employment; and

(B) The vending facility manager does not subcontract any of the duties in OAR 585-015-0045 statement of full-time employment, excluding OAR 585-015-0045 item (1)(k), stocking and servicing vending machines.

(b) Additionally, the Commission shall also consider the following when determining whether to approve an agreement between a vending facility manager and an approved subcontractor:

(A) Quality of service that the vending facility manager and subcontractor are able to provide;

(B) Any product storage requirements;

(2) ESTABLISHMENT OF A LIST OF APPROVED SUBCONTRACTORS - With written approval from the Commission, a vending facility manager may enter into an agreement with a subcontractor from the list of approved subcontractors. The Commission shall establish a list of approved subcontractors with which a vending facility manager may enter into an agreement. The Commission will ensure that when evaluating the qualifications of potential subcontractors that the following criteria are considered:

(a) Past experience;

(b) Ability to perform in the geographical areas desired;

(c) Accessibility and use of technology;

(d) Commission rate;

(e) Availability of healthy and local products;

(f) Ability to repair equipment within the time frame specified in the permit/contract;

(g) Ability to replace equipment when needed in a timely manner;

(h) The availability of wholesale product in a geographic area that allows the greatest variety of product;

(i) If required by the permit/contract, the availability of fresh food items;

(j) The ability to offer healthy or local vending items;

(k) The availability of appropriate vehicles, including refrigeration if necessary, to transport products to the vending facilities;

(l) The ability to effectively service vending sites that are great distances apart, or require a long travel time;

(m) The ability to meet any other requirements unique to a vending facility; and

(n) The ability to provide the manpower to meet the demands of the facility, including an emergency situation.

(3) EXTENT OF SUBCONTRACTING ALLOWED - The subcontractor may provide for part of the following services within the vending facility manager's assigned vending facility:

(a) Vending, to include provision, stocking, and maintaining vending machine equipment; and

(b) The operation of cafeterias.

(4) APPLICABLE OPERATING AGREEMENTS - This rule is inapplicable to operating agreements executed as of December 31, 2017. As of January 1, 2020, this rule is effective as to all operating agreements, regardless of when they were executed.

Or. Admin. Code § 585-015-0050

CFTB 4-2017, adopt filed 12/21/2017, effective12/21/2017; CFTB 2-2017, temporary adopt filed 11/03/2017, effective 11/03/2017 through 05/01/2018; CFTB 1-2020, temporary amend filed 12/10/2020, effective 12/14/2020 through 6/9/2021; CFTB 1-2021, amend filed 02/18/2021, effective 2/19/2021

Statutory/Other Authority: ORS 183.341 & HB3253

Statutes/Other Implemented: ORS 346.510-346.570