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Tenn. Code Ann. § 71-4-704

Central nonprofit agency — Designation — Functions and operations — Fee

Redline — September 1, 2020 → current.View current text →
Current — September 30, 2020
As of September 1, 2020
(1) Under § 71-4-703, the state, through the committee, may designate a central nonprofit agency.
(2) The functions and operations of the designated central nonprofit agency shall include, but not be limited to, the following: Submit proposed rules and regulations necessary to implement this part. Such rules are to be submitted to, and approved by, the committee prior to promulgation;
(1) The functions and operations of the designated central nonprofit agency include, but are not limited to, the following: Ensure that the priorities for orders from governmental entities are maintained under this part and that opportunities are provided to individuals with severe disabilities to pursue competitive integrated employment;
(3) Ensure that the priorities for the production of commodities and services are maintained under this part and that individuals with severe disabilities are placed in integrated settings;
(4) Evaluate the qualifications and capabilities of the work centers for the blind, agencies serving individuals with severe disabilities, and other entities, to manufacture commodities or perform services and represent them to the committee under this part. In evaluating products, the central nonprofit agency must assure that the work centers for the blind, agencies serving individuals with severe disabilities, and other entities are contributing a “value added” to commodities or services that are being recommended under this program;
(2) Evaluate the qualifications and capabilities of entities for production of commodities or performing services. The central nonprofit agency must assure that individuals with severe disabilities are receiving competitive integrated employment in the production of commodities or performance of services. At a minimum, fifty percent (50%) of the hours worked on the production of commodities or performing services in the program are required to be provided by individuals with severe disabilities. Hours worked by supervisors with severe disabilities are to be included in the determination;
(5) Recommend pursuant to procedures approved by the procurement commission, with appropriate justification, including recommended prices, suitable commodities or services for procurement from the work centers for the blind, agencies serving individuals with severe disabilities, and other entities and as market conditions change, recommend price changes or revisions or the reassignment of commodities and services to and from the certified products list;
(3) Recommend with appropriate justification, including recommended prices, suitable commodities or services for procurement and, as market conditions change, recommend price changes or revisions;
(6) Distribute and allocate, by direct allocation, subcontract or any other means, orders from governmental entities. The central nonprofit agency shall give a preference to work centers for the blind and agencies serving individuals with severe disabilities over other entities when initiating contracts to fulfill orders from government entities and when replacing the entity fulfilling the orders;
(7) Contract with agencies serving individuals with severe disabilities to work with other entities to identify blind or other individuals with severe disabilities for the man-hours of direct labor required for the production or provision of the commodities or services, and to provide supports necessary for their safe, productive and integrated employment. Other entities shall pay a fee to cover the cost of the services provided by the agencies serving individuals with severe disabilities and may factor this fee as an administrative expense into its overall cost;
(4) Fulfill or distribute and allocate, by subcontract or any other means, orders from governmental entities; and
(8) Maintain the necessary records and monitor data on the work centers for the blind, agencies serving individuals with severe disabilities, and other entities to ensure compliance in the production of a commodity or performance of a service;
(5) Maintain the necessary records and monitor data on the entities to ensure compliance in the production of commodities and performance of services.
(9) When authorized by the committee, enter into contracts with the state procurement system for the furnishing of commodities or services provided by the work centers for the blind, agencies serving individuals with severe disabilities, and other entities; and
(10) When distributing and allocating orders for commodities, priority shall be given to participating nonprofit work centers for the blind.
(11) The central nonprofit agency shall charge a fee to participating work centers for the blind, agencies serving individuals with severe disabilities, and other entities for facilitating participation by their work centers under this part. This fee shall not exceed rates approved by the committee. The work centers for the blind, agencies serving individuals with severe disabilities, and other entities may factor this fee as an administrative expense into its overall cost.
(6) The central nonprofit agency shall charge a fee for fulfilling the orders. This fee must not exceed rates approved by the committee. The fee must be factored as an administrative expense into the overall cost.

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.