(a) The functions and operations of the designated central nonprofit agency include, but are not limited to, the following:(1) 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;(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;(3) Recommend with appropriate justification, including recommended prices, suitable commodities or services for procurement and, as market conditions change, recommend price changes or revisions;(4) Fulfill or distribute and allocate, by subcontract or any commended prices, suitable commodities or services for procurement and, as market conditions change, recommend price changes or revisions;(4) Fulfill or distribute and allocate, by subcontract or any other means, orders from governmental entities; and(5) Maintain the necessary records and monitor data on the entities to ensure compliance in the production of commodities and performance of services.(b) 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.Amended by 2020 Tenn. Acts, ch. 782, s 1, eff. 7/15/2020.Amended by 2014 Tenn. Acts, ch. 739, s 3, eff. 7/1/2014.Acts 1991, ch. 499, § 1; 1996, ch. 827, §§ 11, 12; 2002, ch. 526, § 10; 2011 , ch. 295, §§ 16, 19.
Tennessee Legal Code