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RULE §189.12Performance Standards for a Central Nonprofit Agency (CNA)

(a) A CNA shall meet performance standards in carrying out the terms and conditions of the contract.

(b) Operating pursuant to the statute and rules of the council, a CNA must manage and coordinate the day-to-day operation of the state use program including, but not limited to the following activities:

  (1) strive to increase employment for persons with disabilities by ten percent (10%) per year by researching new products, services and markets, improving existing products and services, and reporting to the council on a quarterly basis the status of these activities;

  (2) provide superior customer relations by monitoring customer satisfaction with products and services, responding to customer complaints within one business day or less, and reporting to the council on a quarterly basis the level of consumer satisfaction for each CRP based on complaints as to products or services provided by each CRP with a goal of incurring no more than five complaints per year that have not been resolved to the customer's satisfaction;

  (3) provide quarterly regional information workshops to promote the state use program;

  (4) provide quarterly regional training programs to the CRPs on the requirements to participate in the state use program, governmental contracting, and procurement procedures and laws;

  (5) resolve contract issues and/or problems as they arise between the CRPs, the CNA, and/or customers, referring those that cannot be resolved to the council and submit quarterly status reports on issues and referrals;

  (6) provide an annual report that includes audited financial statements of the CNA, an updated strategic plan, and an updated projected schedule of expenses that details how the management fee is being allocated to directly support the state use program and what amount of funds are being devoted to expanding direct services to programs that enhance the disabled and what percentage of funds will be used for administrative overhead, such as salaries;

  (7) demonstrate compliance with state and federal tax laws and payroll laws by submitting quarterly reports of sales and taxes paid to the Texas Comptroller of Public Accounts and the Internal Revenue Service;

  (8) maintain a system in accordance with generally accepted accounting principles that will record information related to purchase orders, invoices and payments to each CRP in order to facilitate the preparation and submission of the annual report;

  (9) create a database of state agency and political subdivision purchases to promote sales of state use program products and services;

  (10) conduct business ethically and submit detailed reports on a quarterly basis of any conflicts between the CRPs and the CNA;

  (11) create and maintain automated tracking and monitoring of product/service sales and submit quarterly reports to the council regarding delivery turnaround times and contract performance for each CRP;

  (12) respond to inquiries about individual sales and/or total sales within five (5) business days or sooner and submit quarterly reports regarding the number of inquiries and average response time in conjunction with the above described report;

  (13) maintain knowledge of governmental contracting and procurement processes and laws;

  (14) provide general administration of the state use program with performance criteria and timely submission of reports required by these above rules; and

  (15) maintain all necessary records for audit purposes that are in accordance with the law and directives set forth by the council and submit any or all records requested by the council within three (3) weeks of the request. Disclosure to the public of any and all records of a CNA shall be subject to the Public Information Act.

Source Note: The provisions of this §189.12 adopted to be effective January 8, 2001, 25 TexReg 12991

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