§ 71-4-704. Central nonprofit agency -- Designation -- Functions and operations -- Fee.

TN Code § 71-4-704 (2019) (N/A)
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(a) Under § 71-4-703, the state, through the committee, may designate a central nonprofit agency.

(b) The functions and operations of the designated central nonprofit agency shall include, but not be limited to, the following:

(1) 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;

(2) 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;

(3) 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;

(4) 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;

(5) 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;

(6) 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;

(7) 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;

(8) 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

(9) When distributing and allocating orders for commodities, priority shall be given to participating nonprofit work centers for the blind.

(c) 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.