(a)

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Terms Used In Tennessee Code 71-4-703

  • Central nonprofit agency: means the agency designated by the committee to facilitate, by subcontract or other means, the fulfillment of orders from governmental entities for commodities and services and to assist the committee in administering the program described under this part. See Tennessee Code 71-4-702
  • Committee: means the advisory committee for providing competitive integrated employment for individuals with severe disabilities, created by §. See Tennessee Code 71-4-702
  • Competitive integrated employment: means employment available to individuals with severe disabilities or a customized employment available to individuals with severe disabilities, at a setting typically found in the community, at minimum wage or greater with the same benefits as nondisabled employees receive, in which eligible individuals interact with nondisabled individuals, other than nondisabled individuals who are providing services to those eligible individuals, to the same extent that nondisabled individuals in comparable positions interact with other persons. See Tennessee Code 71-4-702
  • Governmental entity: means a state governmental entity or a political subdivision. See Tennessee Code 71-4-702
  • Individuals with severe disabilities: means individuals who have a physical or mental impairment that substantially limits major life activities. See Tennessee Code 71-4-702
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Political subdivision: means any local governmental entity, including, but not limited to, any city, town, municipality, metropolitan government, county, utility district, school district, public building authority, housing authority, emergency communications district, and development district created and existing pursuant to the laws of this state, or any instrumentality of government created by any one (1) or more local governmental entities. See Tennessee Code 71-4-702
  • Quorum: The number of legislators that must be present to do business.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • State governmental entity: means any agency, authority, board, commission, department, or office within the executive, legislative, or judicial branches of state government, or any autonomous state agency, authority, board, commission, council, department, office, or institution of higher education. See Tennessee Code 71-4-702
(1) There is created the committee for providing competitive integrated employment for individuals with severe disabilities, and composed of the following:

(A) The commissioner of general services or the commissioner’s designee;
(B) The commissioner of finance and administration or the commissioner’s designee;
(C) The commissioner of human services or the commissioner’s designee;
(D) The commissioner of mental health and substance abuse services or the commissioner’s designee;
(E) The commissioner of disability and aging or the commissioner’s designee;
(F) The commissioner of transportation or the commissioner’s designee;
(G) One (1) member who is a private citizen and parent of a child with disabilities, or an individual with disabilities;
(H) One (1) member who is a private citizen and represents agencies serving people who are blind;
(I) One (1) member who is a private citizen and represents entities serving people with disabilities; and
(J) One (1) member who is a private citizen and represents the business community.
(2) The governor shall appoint the private citizen members described in subdivisions (a)(1)(G)-(J) to three-year terms.
(3) The members of the committee shall organize and appoint a chair and determine their operating procedures. A majority of the members of the committee constitutes a quorum, and all official action of the committee requires a quorum.
(4) Members serve without compensation and do not receive travel expenses.
(b) The committee shall provide oversight to the central nonprofit agency in developing and implementing a state and political subdivision procurement program of commodities and services and in employing individuals with severe disabilities.
(c) The committee shall:

(1) Meet quarterly;
(2) Designate a central nonprofit agency for fulfillment of government orders for commodities or services;
(3) Require the central nonprofit agency to develop measures for evaluating its effectiveness; and
(4) Evaluate the activities of the central nonprofit agency to assure effective and efficient administration of this part.
(d) Every governmental entity that is supported in whole or in part by the general assembly may purchase all services or commodities required by the governmental entity from the central nonprofit agency as long as commodities or services purchased by state governmental entities are certified pursuant to procedures approved by the procurement commission and are available, and commodities or services purchased by political subdivisions are certified by the chief financial officer of the political subdivision.
(e) This part has precedence over any law requiring governmental entity 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.
(f) This part does not apply in any case:

(1) In which commodities or services are available from any state governmental entity;
(2) Where the procurement commission determines that the commodities or services do not meet the reasonable requirements of a state governmental entity; or
(3) Where the chief financial officer determines that the commodities or services do not meet the reasonable requirements of the political subdivision.
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