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Cooperative Purchasing Venture - Definitions & Eligibility Criteria

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Cooperative Purchasing Venture - Definitions & Eligibility Criteria

Minnesota Statutes 471.59, Subd. 1

Subdivision 1. Agreement. Two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they may be exercised. The agreement may provide for the exercise of such powers by one or more of the participating governmental units on behalf of the other participating units. The term "governmental unit" as used in this section includes every city, county, town, school district, independent nonprofit firefighting corporation, other political subdivision of this or another state, another state, federally recognized Indian tribe, the University of Minnesota, the Minnesota Historical Society, nonprofit hospitals licensed under sections 144.50 to 144.56, rehabilitation facilities and extended employment providers that are certified by the commissioner of employment and economic development, day training and habilitation services licensed under sections 245B.01 to 245B.08, and any agency of the state of Minnesota or the United States, and includes any instrumentality of a governmental unit. For the purpose of this section, an instrumentality of a governmental unit means an instrumentality having independent policy making and appropriating authority.

Entities applying under this designation will be required to enter into a Cooperative Agreement once their application is approved by MMD.


Minnesota Statutes 16C.23, Subd. 1

Subdivision 1. Definitions. "Governmental unit or nonprofit organization" means a governmental unit as defined in section 471.59, subdivision 1, an Indian tribal government, and any nonprofit and tax-exempt medical institution, hospital, clinic, health center, school, school system, college, university, or other institution organized and existing for any purpose authorized by federal law to accept surplus federal property.

Further definition of entities authorized by federal law to accept surplus federal property (donees) can be found in Part 102-37.25 of the Federal Management Regulation and Appendix C of the Federal Management Regulation.

Entities applying to the CPV under this designation must provide MMD either:

  1. a customer number issued by the department's Surplus Services operation. The Surplus Services operation is the state's authorized distributor of surplus federal property and best situated to insure compliance with the most current federal guidelines and requirements. Or
  2. a certification from the entity's home state that they are considered eligible by that state's agency for surplus property to accept surplus federal property.

Minnesota entities may contact the Surplus Services operation at 651.639.4022 for questions about eligibility to receive surplus federal property.

Entities participating under this designation may be requested to submit to MMD a report detailing actual purchases made from contracts under this program. A spreadsheet format will be provided.

Entities applying under this designation will be required to enter into a Cooperative Agreement once their application is approved by MMD.


Minnesota Statutes 43A.50

Subdivision 1. Definitions. (a) As used in this section, the following terms have the meanings given them.
(b) "Registered combined charitable organization" means a federated funding organization:
(1) which is tax exempt under section 501(c)3 of the Internal Revenue Code of 1986, as amended through December 31, 1992 (hereinafter Internal Revenue Code"), and to which contributions are deductible under section 170 of the Internal Revenue Code;
(2) which is properly registered with the attorney general of Minnesota to solicit contributions in Minnesota;
(3) which secures funds through the state employee combined charities campaign for distribution to 14 or more affiliated agencies, each of which must devote substantially all of its activities to providing health, welfare, social, or other services that benefit individuals in Minnesota and contiguous counties;
(4) which is governed either by an independent, voluntary board and at least 90 percent of the directors of the governing board live or work in Minnesota or contiguous counties or, if the charitable agencies are solely educational institutions which meet the requirements of paragraph (c), by a national board of directors that has a local advisory board composed of members who live or work in Minnesota or contiguous counties;
(5) which expended no more than 30 percent of total contributions received in the organization's accounting year last reported for management and general costs and fund-raising costs;
(6) which distributed at least 70 percent of total contributions received in the organization's accounting year last reported to affiliated agencies, programs, and designated agencies in Minnesota and contiguous counties or, if the charitable agencies are solely educational institutions which meet the requirements of paragraph (c), distributes at least 70 percent of the state employee combined charitable campaign income and revenue directly to Minnesota residents or schools using established eligibility criteria; and
(7) which has been registered with the commissioner [of Minnesota Management & Budget] in accordance with this section.
Registered combined charitable organization includes a charitable organization organized by Minnesota state employees and their exclusive representatives for the purpose of providing grants to nonprofit agencies providing Minnesota residents with food or shelter if the charitable organization meets the requirements of clauses (1), (2), (4), (5), (6), and (7).
(c) "Affiliated agency" means a charitable agency that is represented by a federation and has an ongoing relationship with that federation which involves a review and monitoring process to ensure financial, managerial, and programmatic responsibility.
(d) "Charitable agency" means a governmental agency or an organization (1) which is tax exempt under section 501(c)3 of the Internal Revenue Code; (2) to which contributions are deductible under section 170 of the Internal Revenue Code; and (3) which is in compliance with the provisions of this chapter.
(e) "State employee combined charities campaign" means the annual state campaign that allows a state employee to authorize payroll deduction for the employee's contribution to a registered combined charitable organization, pursuant to section 16A.134.
(f) "Management and general costs" means costs as defined in section 309.50, subdivision 11.
(g) "Fund-raising costs" means costs as defined in section 309.50, subdivision 12.
(h) "Contiguous counties" means counties in Iowa, North Dakota, South Dakota, and Wisconsin that share a border with Minnesota.

By July 15 of each year, the commissioner of Management & Budget establishes a list of the organizations registered under this section. Entities applying under this designation must be on that list.

Entities participating under this designation may be requested to submit to MMD a report detailing actual purchases made from contracts under this program. A spreadsheet format will be provided.

Entities applying under this designation will be required to enter into a Cooperative Agreement once their application is approved by MMD.


Minnesota Statutes 309.50, Subd. 4

Subd. 4. Charitable organization. "Charitable organization" means any person who engages in or purports to engage in solicitation for a charitable purpose and includes a chapter, branch, area office or similar affiliate or any person soliciting contributions within the state for a parent charitable organization, but does not include an organization whose primary purpose is supporting or opposing any candidate for elective office, or influencing the nomination for election or the election of any candidate for elective office.

In order to apply under this statutory authorization, an entity must provide the Materials Management Division with a certified opinion by the charitable organization's counsel of record that

  1. the charitable organization meets the definition in section 309.50,
  2. that the charitable organization is a recipient of a State of Minnesota grant or contract, and
  3. that the purchases made from the Cooperative Purchasing Venture contracts will be used to accomplish the goals of or fulfill the requirements of the cited State of Minnesota grant or contract.

Entities participating under this designation may be requested to submit to MMD a report detailing actual purchases made from contracts under this program. A spreadsheet format will be provided.

Entities applying under this designation will be required to enter into a Cooperative Agreement once their application is approved by MMD.


Minnesota Statutes 145.9268, Subd. 1

Subdivision 1. Definition. For purposes of this section, "eligible community clinic" means:
(1) a nonprofit clinic that is established to provide health services to low income or rural population groups; provides medical, preventive, dental, or mental health primary care services; and utilizes a sliding fee scale or other procedure to determine eligibility for charity care or to ensure that no person will be denied services because of inability to pay;
(2) a governmental entity or an Indian tribal government or Indian health service unit that provides services and utilizes a sliding fee scale or other procedure as described under clause (1);
(3) a consortium of clinics comprised of entities under clause (1) or (2); or
(4) a nonprofit, tribal, or governmental entity proposing the establishment of a clinic that will provide services and utilize a sliding fee scale or other procedure as described under clause (1).

In order to apply under this statutory authorization, an entity must provide the Materials Management Division with either:

  1. both
    1. a certification by the Minnesota Department of Health that the entity is currently in receipt of a community clinic grant, issued under section 145.9268, and
    2. certification by the organization that the purchases made from the Cooperative Purchasing Venture contracts will be used to accomplish the goals of or fulfill the requirements of section 145.9268;

  2. OR

  3. a certified opinion by the organization's counsel of record that
    1. the organization meets the definition in section 145.9268,
    2. that the organization is not a recipient of a community clinic grant from the Minnesota Department of Health, and
    3. that the purchases made from the Cooperative Purchasing Venture contracts will be used to accomplish the goals of or fulfill the requirements of 145.9268.

Entities participating under this designation may be requested to submit to MMD a report detailing actual purchases made from contracts under this program. A spreadsheet format will be provided.

Entities applying under this designation will be required to enter into a Cooperative Agreement once their application is approved by MMD.


Minnesota Statutes 16C.03, Subd. 10

Subdivision 10. Cooperative purchasing. The commissioner is authorized to enter into a cooperative purchasing agreement for the provision of goods, services, and utilities with one or more other states or governmental units, as described in section 471.59, subdivision 1 , entities defined in section 16C.23, subdivision 1, a registered combined charitable organization and its affiliated agencies as defined by section 43A.50, or a charitable organization defined in section 309.50, subdivision 4, that is also a recipient of a state grant or contract, or a nonprofit community health clinic defined in section 145.9268. The commissioner is authorized to enter into cooperative purchasing agreements for the purchase of goods, services, and utilities with health care facilities that are required to provide indigent care or any entity recognized by another state's statutes as authorized to use that state's commodity or service contracts.

In order to apply under this statutory authorization, an entity that is not currently specifically defined in section 471.59, subdivision 1 or eligible under any of the other four statutory authorizations, must provide the Materials Management Division with a written (letter or email) certification from the entity's home state's chief procurement official that the entity is "authorized to use that state's commodity or service contracts".

Entities participating under this designation may be requested to submit to MMD a report detailing actual purchases made from contracts under this program. A spreadsheet format will be provided.

Entities applying under this designation will be required to enter into a Cooperative Agreement once their application is approved by MMD.

 


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