Section 7. Definitions

A. “Appreciable contribution” means significant labor of individuals with disabilities applied to a service. B. “Brokering” means negotiating contracts, as an agency, between organizations or individuals, for compensation. C. “Central nonprofit agency” means a nonprofit agency approved pursuant to rules of the council to facilitate the equitable distribution of orders and services of: (1) qualified individuals; and (2) community rehabilitation programs. D. “Council” means the New Mexico council for purchasing from persons with disabilities. E. “Community rehabilitation program” means a nonprofit entity: (1) that is organized under the laws of the United States or this state, operated in the interest of person with disabilities and operated so that no part of the income which inures to the benefit of any shareholder or other person; (2) that complies with applicable occupational health and safety standards as required by federal or state law; and (3) that, in the provision of services, whether or not procured under the State Use Act, employs during the state fiscal year at least seventy-five percent (75%) persons with disabilities in direct labor for the provision of services. Hours of work shall be used to calculate number of persons working in order to determine compliance to the seventy-five percent (75%) ratio, based on standard full time equivalent of 2080 hours per year equating to one person. F. “Integration” means equal access for non-disabled and individuals with disabilities: the process of ensuring employment opportunities to all regardless of disability. G. “Local public body” means a political subdivision of the state and political subdivision agencies, instrumentalities and institutions. H tio, based on standard full time equivalent of 2080 hours per year equating to one person. F. “Integration” means equal access for non-disabled and individuals with disabilities: the process of ensuring employment opportunities to all regardless of disability. G. “Local public body” means a political subdivision of the state and political subdivision agencies, instrumentalities and institutions. H. “Persons with disabilities” means persons who have a mental, intellectual or physical impairment that constitutes or results in substantial impediment to employment as defined by the federal Rehabilitation Act of 1973, and shall be certified eligible for participation by completing council approved documentation through the central nonprofit agency, unless the person has prior presumptive eligibility as follows. A person who is receiving services pursuant to an individualized plan for employment from the vocational rehabilitation division of the public education department or from the commission for the blind or the federal veterans affairs administration shall be 2.40.5 NMAC 2 presumed to be a person with a disability, as shall a person who is receiving supplemental security income or social security benefits based on disability. I. “Provider” means a community rehabilitation program or qualified individual who has been approved to offer services under contract to the central nonprofit agency. J. “Qualified individual” means a person with a disability who is a business owner, or a business that is primarily owned and operated by persons with disabilities that employs at least seventy-five percent (75%) persons with disabilities in the provision of direct labor, which has been approved by the council to provide services to state agencies and local public bodies. K. “State use eligible services” means all services which are to be provided by persons with disabilities and which the council determines are suitable for sale to state agencies and local public bodies. L least seventy-five percent (75%) persons with disabilities in the provision of direct labor, which has been approved by the council to provide services to state agencies and local public bodies. K. “State use eligible services” means all services which are to be provided by persons with disabilities and which the council determines are suitable for sale to state agencies and local public bodies. L. “State purchasing agent” means the director of the state purchasing division of the general services department. M. “State Use Act program” means a program enacted through legislation by the New Mexico state legislature that allows meaningful employment opportunities through state and local government contracts to persons with disabilities. N. “Value added” means direct labor involved in delivering services performed by persons with disabilities. [2.40.5.7 NMAC - N, 03/30/3007; A, 01/15/2011] 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 en 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. [2.40.5.8 NMAC - N, 03/30/2007; A, 01/15/2011] 2.40.5.9 ESTABLISHING, MAINTAINING AND PUBLISHING OF A LIST OF ALL SUITABLE SERVCIES: A. The council shall establish, approve and revise a list of suitable services through a contract with a central nonprofit agency on an as needed basis. B. Copies of the list shall be published at the state purchasing office and on-line at appropriate state websites, on a website maintained by the central nonprofit agency, and may also be advertised in New Mexico business publications. C. The council requires that the central nonprofit agency to establish procedures to submit a given service for council approval. The central nonprofit agency shall be responsible for providing the council with information to substantiate the conditions for service determination. D. Once approved by the council, services shall be included in a master list of approved services. E. New services may be added to the list upon a majority vote at any council meeting.