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Tenn. Code Ann. § 71-4-703

Advisory committee — Responsibilities — Purchasing requirements for governmental entities — Applicability of part

Redline — September 1, 2020 → current.View current text →
Current — September 30, 2020
As of September 1, 2020
(1) There is created the committee for purchase from the blind and other severely disabled, which shall be composed of the following commissioners or their designees: the commissioners of general services, finance and administration, human services, mental health and substance abuse services, and intellectual and developmental disabilities. Additionally, there shall be three (3) members appointed by the governor for three-year terms who are private citizens. One (1) of these members shall represent nonprofit work centers for the blind, and one (1) shall represent nonprofit agencies serving individuals with severe disabilities. One (1) member shall represent the business community. The members of the committee shall organize and appoint a chair and determine their operating procedures. Members will serve without compensation, but shall be reimbursed for all necessary expenses incurred in the performance of their duties.
(1) There is created the committee for providing competitive integrated employment for individuals with severe disabilities, and composed of the following: The commissioner of general services or the commissioner's designee;
(2) The commissioner of finance and administration or the commissioner's designee;
(3) The commissioner of human services or the commissioner's designee;
(4) The commissioner of mental health and substance abuse services or the commissioner's designee;
(5) The commissioner of intellectual and developmental disabilities or the commissioner's designee;
(6) The commissioner of transportation or the commissioner's designee;
(7) One (1) member who is a private citizen and parent of a child with disabilities, or an individual with disabilities;
(8) One (1) member who is a private citizen and represents agencies serving people who are blind;
(9) One (1) member who is a private citizen and represents entities serving people with disabilities; and
(10) One (1) member who is a private citizen and represents the business community.
(11) The governor shall appoint the private citizen members described in subdivisions (a)(1)(G)-(J) to three-year terms.
(12) The members of the committee shall organize and appoint a chair and determine their operating procedures. A majority of the members of the committee constitutes a quorum, and all official action of the committee requires a quorum.
(13) Members serve without compensation and do not receive travel expenses.
(2) The committee shall provide oversight to the central nonprofit agency in developing and implementing a state procurement program of selected commodities and services from qualified work centers serving blind individuals, agencies serving individuals with severe disabilities, and other entities; shall have authority to select a central nonprofit agency to implement the procurement program; and shall recommend fair market price for commodities and services submitted to the procurement commission for certification pursuant to procedures approved by the procurement commission.
(14) The committee shall provide oversight to the central nonprofit agency in developing and implementing a state and political subdivision procurement program of commodities and services and in employing individuals with severe disabilities.
(3) It is the committee's responsibility to: Designate a central nonprofit agency to facilitate the distribution, among the work centers for the blind, agencies serving individuals with severe disabilities, and other entities, of orders of the government for commodities or services appearing on the procurement list, by direct allocation, subcontract or any other means;
(4) Review those rules and regulations that will be proposed by the central nonprofit agency and to promulgate such rules that will effectively implement this part;
(15) The committee shall: Meet quarterly;
(16) Designate a central nonprofit agency for fulfillment of government orders for commodities or services;
(17) Require the central nonprofit agency to develop measures for evaluating its effectiveness; and
(5) Conduct an annual evaluation of the activities of the central nonprofit agency under this part for the purpose of assuring effective and efficient administration of this part; and
(18) Evaluate the activities of the central nonprofit agency to assure effective and efficient administration of this part.
(6) Evaluate pricing proposed by the central nonprofit agency to determine fair market price, which recovers the cost projected to produce or provide such commodities or services.
(7) All departments, institutions, agencies, and political subdivisions of this state supported in whole or in part by the general assembly shall purchase all services or commodities required by such departments, institutions, agencies or political subdivisions of this state from the central nonprofit agency; provided, that the articles or services are certified pursuant to procedures approved by the procurement commission and are available. This part has precedence over any law requiring state agency procurement of commodities or services, except laws that require purchases from nonprofit organizations operating under §§ 71-4-204 and 71-4-205, laws establishing preference for blind vendors operating under chapter 4, part 5 of this title, and laws requiring purchases under §§ 41-22-118 — 41-22-124.
(19) Every governmental entity that is supported in whole or in part by the general assembly may purchase all services or commodities required by the governmental entity from the central nonprofit agency as long as commodities or services purchased by state governmental entities are certified pursuant to procedures approved by the procurement commission and are available, and commodities or services purchased by political subdivisions are certified by the chief financial officer of the political subdivision.
(20) This part has precedence over any law requiring governmental entity procurement of commodities or services, except laws that require purchases from nonprofit organizations operating under §§ 71-4-204 and 71-4-205; laws establishing preference for blind vendors operating under chapter 4, part 5 of this title; and laws requiring purchases under §§ 41-22-118 — 41-22-124.
(21) This part does not apply in any case: In which commodities or services are available from any state governmental entity;
(8) This part shall not apply in any case in which commodities or services are available from any agency of the state, or where the procurement commission determines that the commodities or services do not meet the reasonable requirements of a department, institution, agency, or political subdivision of this state.
(22) Where the procurement commission determines that the commodities or services do not meet the reasonable requirements of a state governmental entity; or
(23) Where the chief financial officer determines that the commodities or services do not meet the reasonable requirements of the political subdivision.

Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.