N.M. Admin. Code § 2.40.5.8

Current through Register Vol. 36, No. 1, January 14, 2025

Section 2.40.5.8 - DETERMINATION OF WHICH SERVICES PROVIDED BY PERSONS WITH DISABILITIES ARE SUITABLE FOR SALE TO STATE AGENCIES AND LOCAL PUBLIC BODIES

A. Services provided by persons with disabilities suitable for sale to state agencies and local public bodies:

(1) must be within the competency of the prospective provider;

(2) must have potential to provide positive, integrated employment outcome for persons with disabilities;

(3) may be approved as statewide, or by specific contract offering by a state agency or local public body;

(4) require the approval by the council prior to being offered.

B. Council determination of suitability extends to specific individual contracts procured under a given service; the council may accept or reject a given contract as suitable based on criteria established under rule and statute, such as meeting appreciable contribution requirements, ratio requirements, impact or fair market pricing requirements.

C. Any potential contract that entails brokering solely on the part of the community rehabilitation program is not suitable for the State Use Act program. An appreciable contribution to the services must be made by persons with disabilities.

D. The decision that the labor of persons with disabilities constitutes appreciable contribution shall be at the discretion of the council.

N.M. Admin. Code § 2.40.5.8

2.40.5.8 NMAC - N, 3/30/2007; A, 1/15/2011