New Mexico Administrative Code
Title 2 - PUBLIC FINANCE
Chapter 40 - EXPENDITURE OF PUBLIC FUNDS
Part 5 - PURCHASING OF SERVICES FROM PERSONS WITH DISABILITIES
Section 2.40.5.7 - DEFINITIONS

Universal Citation: 2 NM Admin Code 2.40.5.7

Current through Register Vol. 35, No. 18, September 24, 2024

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. "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 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. "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.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.