16 Del. Admin. Code § 9102-3.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 9102-3.0 - Selection, Accountability, and Funding of CNAs

3.1 CNA Selection. The Commission shall designate one or more CNAs for a three-year period, after which each designated CNA may apply to renew its designation for another three years. Applications for CNA status may be made to the Commission between March 1^st and April 30^th and between September 1^st and October 31^st of each calendar year. The CNA selection criteria shall be reviewed and revised periodically by the Commission. Nevertheless, an applicant must demonstrate the following minimum criteria:

3.1.1 Its tax-exempt non-profit entity status under 26 U.S.C. § 501 and under similar state income tax codes. Such status must be verified by providing proper documentation;

3.1.2 Its ability to manage contracts within the State of Delaware;

3.1.3 Its expertise in the employment of persons with visual impairments or other disabilities, which may include evidence of its history of providing job opportunities to such persons;

3.1.4 Its capacity to fulfill the duties of a CNA, as described in subsection 3.2 of these regulations; and

3.1.5 Its ability to fulfill the duties of a CNA as shown by letters of reference from CRPs with which it intends to subcontract.

3.2 Duties of the CNAs. The responsibilities of the CNAs shall include, but not be limited to, the following:

3.2.1 Recruiting and assisting CRPs in developing and submitting proposals for set aside contracts for suitable products and services;

3.2.2 Facilitating the distribution of subcontracts among CRPs;

3.2.3 Managing and coordinating the deliverables of service under set aside contracts, including quality assurance and general administration of subcontracts with CRPs;

3.2.4 Handling complaints and ongoing customer relations with agencies of this State;

3.2.5 Educating and training CRPs to improve the quality and cost-effectiveness of services described in set aside contracts;

3.2.6 Promoting the increase in supported employment opportunities for persons who are visually impaired or who have other disabilities;

3.2.7 Marketing products and services to potential consumers;

3.2.8 Researching and developing products and services;

3.2.9 Producing content that the Commission may consider for inclusion in its annual report and in other public relations materials or submitting information to the Commission that may be included in the Commission's annual report;

3.2.10 Preparing accurate purchase orders and invoices for those set aside contracts mentioned by the CNA;

3.2.11 Making payments to CRPs in a timely manner; and

3.2.12 Other duties as designated by the Commission.

3.3 Semi-annual Reviews. The Commission or its designee shall conduct semi-annual reviews of the services provided by CNAs to determine whether the CNAs have fulfilled the duties listed in subsection 3.2 of these regulations. The Commission shall use as the basis for its reviews the work and performance of the CNAs as documented in its meeting minutes from regularly-scheduled meetings or as documented in other materials that have been provided upon the Commission's request. The reviews must be completed between March 1st and April 30^th and between September 1^st and October 31^st of each calendar year. If the Commission notes any deficiencies in the performance of a CNA, the Commission will negotiate with the CNA a mutually-agreeable corrective action plan.

3.4 CNA Management Fees. CNA management fees must be included as part of any approved set aside contract price for products or services. Invoices will be paid according to the contract price. Agreements between CNAs and CRPs regarding management fees charged by the CNAs may be reviewed annually by the Commission. Subsection 5.7 of these regulations provides guideline for CNAs and CRPs with regard to fair market value.

3.5 CRP Affiliation Prohibited. CNAs shall not require CRPs to pay membership dues in order for CRPs to be assigned a subcontract under set aside contracts held by the CNAs.

3.6 Direct Contracting by CRPs. CRPs may receive set aside contracts directly from the Commission or from the State if the CRPs' personnel can fulfill the duties normally expected of a CNA as described in subsection 3.2 of these regulations.

3.7 State Agency CNAs. The Division for the Visually Impaired will fulfill the duties of a CNA for the Delaware Industries for the Blind. Other state agencies may apply to be considered as CNAs by the Commission if the agencies can fulfill the duties of CNAs as described in subsection 3.2 of these regulations.

16 Del. Admin. Code § 9102-3.0

21 DE Reg. 424( 11/1/2017) (Final)