§ 71-4-703. Advisory committee for purchase from the blind and other severely disabled -- Responsibilities -- Purchasing requirements for governmental entities -- Applicability of part.

TN Code § 71-4-703 (2019) (N/A)
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(a) 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.

(b) 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.

(c) It is the committee's responsibility to:

(1) 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;

(2) 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;

(3) 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

(4) 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.

(d) 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.

(e) 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.