(1) The state shall grant to persons who are blind a priority to:

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(a) Operate vending facilities in public buildings in this state, unless the vending facilities are:

(A) Cafeterias; or

(B) Located at a community college or at a visitor venue.

(b) Operate vending machines located at visitor venues.

(2) The state shall grant to persons who are blind a preference to:

(a) Operate cafeterias in public buildings in this state, except for cafeterias located at visitor venues.

(b) Operate vending facilities located at community colleges.

(3) If a state agency, department or political subdivision constructs a new public building or facility, modifies an existing public building or facility, enters into or modifies a contract for, or otherwise seeks to procure, products or services that are customarily provided by the business enterprise program of the Commission for the Blind, including the operation of vending facilities, the agency, department or political subdivision complies with:

(a) Subsection (1) of this section if the agency, department or political subdivision:

(A) Notifies the commission of the intended action and allows the commission to determine whether a vending facility manager licensed under ORS § 346.510 to 346.570 is able to provide the product or service;

(B) Offers to the commission a right of first refusal;

(C) Does not charge the commission or vending facility manager any amount prohibited under ORS § 346.520 (2); and

(D) Procures the vending service from the commission if the service:

(i) Is offered by the commission or by persons with visual impairments under the direction and supervision of the commission; and

(ii) Meets the requirements of the agency, department or political subdivision for quality and quantity of foodstuffs and beverages available through the vending facility.

(b) Subsection (2) of this section if the agency, department or political subdivision:

(A) Notifies the commission of the intended action and allows the commission to determine whether a vending facility manager licensed under ORS § 346.510 to 346.570 is able to provide the product or service; and

(B) Procures the vending service from the commission if the service:

(i) Is offered by the commission or by persons with visual impairments under the direction and supervision of the commission;

(ii) Meets the requirements of the agency, department or political subdivision for quality and quantity of foodstuffs and beverages available through the vending facility; and

(iii) Is offered in a bid that is equal to any other bids submitted. [2017 c.717 § 10; 2019 c.505 § 4]