(a) The priority established by this part applies to cafeterias, as defined by the department, as limited by this section.
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Terms Used In Tennessee Code 71-4-505

  • Department: means the department of human services or its successor that has been designated under the Randolph-Sheppard Act (20 U. See Tennessee Code 71-4-502
  • Priority: means the right of the department to establish on any public property a vending facility to be operated by a blind individual. See Tennessee Code 71-4-502
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Public property: means all property owned or leased by the state of Tennessee, any county, municipality, or any other entity that is created by act of the general assembly to perform any public function. See Tennessee Code 71-4-502
(b) If a new cafeteria is to be constructed on public property or any existing cafeteria contracts on public properties expire, or both, the department shall receive notification pursuant to § 71-4-503 and shall be afforded the opportunity to submit a proposal for the operation of the proposed cafeteria. If the department’s proposal, when considered with all other proposals, is found to be competitive in terms of quality of service, pricing of merchandise, and the rate of commission or the rental to be paid, then a priority shall be granted to the department and the cafeteria operation shall be awarded to the department. The department’s proposal will not be considered competitive if its proposed payment of annual commissions, rental fees, or a combination of annual commission and rental fees, is not within two percent (2%) of that submitted by an organization that would otherwise be awarded the cafeteria operation. Nothing in this section shall be construed to allow the property management to take any action regarding an existing facility to defeat an already existing priority.
(c) If the department’s proposal is rejected and there is disagreement as to whether the department’s proposal is competitive, the dispute shall be resolved in accordance with § 71-4-507.
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