Requires State entities purchase five percent of goods and services from Central Nonprofit Agency; requires Division of Purchase and Property establish training protocols for all purchasing agents; grants Central Nonprofit Agency right of first refusal.*
What changed between versions
The mandatory five percent purchasing requirement is narrowed from all 'public entities' (State agencies plus political subdivisions) to 'State entities' only. Political subdivisions and local government entities are now subject to a softer 'good faith effort' standard rather than the same mandatory obligation.
The right of first refusal provision is expanded: it now covers goods and services 'currently provided' through cooperative purchasing catalogs (not just those that 'may otherwise be purchased'). A new mechanism allows the CNA to request that goods/services be formally set aside from cooperative contracts if priced within 15 percent of fair market value, with approval by the Commodities and Services Council.
Training protocol requirements (subsection f.) are narrowed from covering purchasing agents employed by 'State or local government entities' to State government entities only, with 'or local' and 'and local' bracketed for deletion throughout subsections e. and f.
Section 7 of P.L.1981, c.488 (C.30:6-29) is newly amended to define the functions and operations of the Central Nonprofit Agency, including processing applications from rehabilitation facilities, certifying facility capabilities, preparing annual reports, publishing a list of available commodities and services, and developing relationships between approved facilities and commercial entities that receive State contracts.
A new section 5 requires the CNA and Division of Purchase and Property to jointly develop rules and guidelines identifying components of new and existing contracts where CNA goods and services should be used, and to develop contract language requiring their use to ensure meaningful employment opportunities for people with disabilities. The Director of the Division of Purchase and Property must promulgate implementing regulations under the Administrative Procedure Act.
A new subsection g. delays compliance until the Department of the Treasury promulgates training protocols, written standards, guidelines, and procedures. Guidelines must be issued within 90 days of the effective date, publicly posted, and transmitted to all subject entities at least 60 days before any compliance period begins. The guidelines must cover goods/services descriptions, pricing and quality standards, procurement procedures, delivery expectations, and criteria for when outside procurement is permitted.
A new subsection d. gives the Central Nonprofit Agency the right to reject any offer from a State government entity if accepting it would compromise the facility's approved status. If rejected, the State entity may procure through other means as provided by law.