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 'public entities' (which included local government) to 'State entities.' Political subdivisions are now only required to make a 'good faith effort' rather than being held to the same standard as State agencies.
References throughout the bill to 'State and local government entities' are narrowed to 'State government entities' in reporting, training, and compliance provisions, reducing the scope of oversight obligations for local entities.
A new Section 7 (C.30:6-29) is inserted defining the functions and operations of the Central Nonprofit Agency, including receiving applications from rehabilitation facilities, reviewing facility capabilities, preparing annual reports, publishing commodity/service lists, and developing relationships with commercial entities that receive State contracts.
A new subsection g creates a compliance delay: no entity is required to comply until the Department of Treasury promulgates training protocols, written standards, guidelines, and procedures. Guidelines must be issued within 90 days of the effective date and publicly posted at least 60 days before any compliance period begins.
The right of first refusal is expanded from goods/services that 'may otherwise be purchased' through a cooperative purchasing agreement catalog to those 'currently provided, or may otherwise be purchased' through such catalogs, broadening the CNA's priority access.
A new mechanism allows the CNA to request that the Division of Purchase and Property set aside goods or services for approved facilities if priced within 15 percent of fair market value. If approved by the Commodities and Services Council, those items are removed from cooperative purchasing agreements and must be procured from approved rehabilitation facilities instead.
A new Section 4(c) requires that any good or service approved by the CNA for a community rehabilitation provider be made available to all State government entities for purchase or contract, on par with items in cooperative purchasing agreements.
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, with contract language ensuring meaningful employment opportunities for people with disabilities. The Director must promulgate implementing rules under the Administrative Procedure Act.
A new Section 4(d) gives the CNA the right to reject offers from State entities if accepting would compromise a facility's approval status. If the CNA rejects an offer, the State entity may procure through other lawful means.