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Are you with a State or local government agency and in need of some type of vending or food service? Are you wondering how you go about obtaining service and exactly what obligations you have to TBE. Hopefully, you will find this information helpful. 

The Law and What It Says

It is clear from the law that the Tennessee General Assembly intended for Managers licensed by TBE to have the opportunity to manage and operate food service facilities in buildings owned or leased by the State or local governments. A copy of the law, T.C.A. 71-4-501 Et. Seq., is available on this web site. 

The law specifically states that TBE will have a "PRIORITY" to operate vending in these buildings. By priority, the law means that TBE will have the first right of refusal to provide any food service with the exception of cafeterias. This priority applies to any new building being constructed or leased by a State or local government entity. It also applies if there is going to be a change in the current arrangements for food service. In other words, if there is a contract in place, TBE must be given an opportunity to exercise its priority when the contract expires. 

Defining a Vending Facility

The law talks in terms of vending facilities. What constitutes a vending facility? The law says it is a vending facility if it "sells foods, beverages, confections, newspapers, periodicals, tobacco products, and other articles and services which are dispensed automatically by a machine or manually by sales personnel…." This would include food prepared on or off premises. A vending facility would include:

Ø Vending Machines
Ø Snack Bars
Ø Catering Services
Ø Coffee Services
Ø Cart Services
Ø Concessions
Ø Cafeterias
Ø Inmate Commissaries


Determining Whether or Not TBE Wants a Location

If you are in need of services, you should contact the TBE office nearest to you. A staff member will be assigned to conduct a formal survey to determine TBE's interest and to ascertain what type of service might be appropriate. The survey will take into consideration number of potential customers, vicinity competition, available space, etc. 

What Does TBE Provide?

If TBE determines that the site is suitable for a licensed Manager, the law requires TBE to provide:

Ø Necessary alterations to the building including plumbing and electrical service
Ø Equipment
Ø Merchandise
Ø Licensed Manager
Ø Appropriate Supervision

Property Management's Responsibilities

The law states that "the property management shall cooperate with the department in whatever manner necessary" as it carries out its responsibilities to establish a vending facility operation to be managed by a licensed Manager. It will be your responsibility to provide the space and the utilities at no cost to TBE or its licensed Manager. 

TBE's Role in Smaller Locations

You may be saying to yourself, "We're just talking about a couple of vending machines here." Admittedly, some locations will not support a licensed Manager. However, TBE can still provide some vending services to employees in such buildings. TBE can either place machines and assign them to a licensed Manager as part of a vending route or it can partner with a private company to provide the vending machine service. If this latter option is determined to be the most practical, the income generated from these machines will accrue to TBE. 

Exceptions to TBE's Priority

There are some exceptions to when this priority applies? Specifically exempted by the law are elementary and secondary schools and airport authorities. These entities are free to arrange for vending services without regard to TBE although TBE can be contacted as a potential bidder for a given location. State colleges and universities have a limited exemption. Any vending currently on a campus that is under contract with a private vendor is not covered by the priority. However, any new buildings on any campus do fall under the priority. TBE's far reaching priority applies to all other State and local government locations. 

The Law and Cafeterias

If you are wanting a cafeteria operation, TBE must be afforded the opportunity to submit a proposal along with other bidders. If TBE's proposal is competitive, then the priority applies and TBE must be given the opportunity to run the cafeteria. One major difference with cafeterias is that TBE's licensed Manager may be required to pay commissions to property management if so stated in TBE's proposal. 

TBE's Commitment to Excellence

Clearly, the law is a strong one and presents TBE with a wonderful opportunity to create employment for persons who are legally blind. The law gets us in the door. It is then up to us to perform. TBE is committed to providing high quality products and outstanding customer service. We believe that our licensed Managers can provide a service that surpasses any other. We would welcome the opportunity to serve you.

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