41 C.F.R. § 51-1.2

Mandatory source priorities

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(a) The JWOD Act mandates that commodities or services on the Procurement List required by Government entities be procured, as prescribed in this regulation, from a nonprofit agency employing persons who are blind or have other severe disabilities, at a price established by the Committee, if that commodity or service is available within the normal period required by that Government entity. Except as provided in paragraph (b) of this section, the JWOD Act has priority, under the provisions of 41 U.S.C. 48, over any other supplier of the Government's requirements for commodities and services on the Committee's Procurement List.

(b) Federal Prison Industries, Inc. has priority, under the provisions of 18 U.S.C. 4124, over nonprofit agencies employing persons who are blind or have other severe disabilities in furnishing commodities for sale to the Government. All or a portion of the Government's requirement for a commodity for which Federal Prison Industries, Inc. has exercised its priority may be added to the Procurement List. However, such addition is made with the understanding that procurement under the JWOD Act shall be limited to that portion of the Government's requirement for the commodity which is not available or not required to be procured from Federal Prison Industries, Inc.

(c) The JWOD Act requires the Committee to prescribe regulations providing that, in the purchase by the Government of commodities produced and offered for sale by qualified nonprofit agencies employing persons who are blind and nonprofit agencies employing persons who have other severe disabilities, priority shall be accorded to commodities produced and offered for sale by qualified nonprofit agencies for the blind. In approving the addition of commodities, to the Procurement List, the Committee accords priority to nonprofit agencies for the blind. Nonprofit agencies for the blind and nonprofit agencies employing persons with severe disabilities have equal priority for services.

Notes of Decisions

Cited in 7 cases (2 in the last 5 years), 1992–2022 · leading case: Kansas ex rel. Kansas Dep't for Child. & Families v. SourceAmerica, 874 F.3d 1226 (10th Cir. 2017).

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Kansas ex rel. Kansas Dep't for Child. & Families v. SourceAmerica, 874 F.3d 1226 (10th Cir. 2017). “§ 8504 (a); see also 41 C.F.R. § 51-1.2 (a) (“The JWOD Act mandates that commodities or services on the Procurement List required by Government entities be procured .”

Angelica Textile Servs., Inc. v. United States, 95 Fed. Cl. 208 (Fed. Cl. 2010). “§ 48 ; 41 C.F.R. § 51-1.2 . To add new services to the AbilityOne Procurement List, one of the designated “central” nonprofit agencies, of which NISH is one, determines along with the relevant federal contracting activity the suitability of a proposed addition to the list.”

Magic Brite Janitorial v. United States, 69 Fed. Cl. 319 (Fed. Cl. 2006). “§ 48 ; see also 41 C.F.R. §§ 51-1.2 , 51-5.4; 48 C.F.R. § 8.”

McGregor Printing Corp. v. Kemp, 20 F.3d 1188 (D.C. Cir. 1994). “The first, the definition of “[qualified nonprofit agency for the blind,” see 41 C.F.R. § 51-1.2 (h) (1990); 41 C.F.R. § 51-1.”

McGregor Printing Corp. v. Kemp, 802 F. Supp. 519 (D.D.C. 1992). “” 41 C.F.R. § 51-1.2 (h). The regulation clearly requires 75% blind labor for the production of all commodities produced, not per product.”

Goodwill Indus. of South Florida, Inc. v. United States (Fed. Cl. 2022). · cites it 5× “” 41 C.F.R. § 51-1.2 (a) (2020). The regulation at 41 C.”

Sekri, Inc. v. United States (Fed. Cl. 2022). “8504(a) (providing that an agency “shall procure” products on the procurement list from a qualified nonprofit agency for the blind or for other severely disabled); 41 C.F.R. § 51-1.2 (a) (“The JWOD Act mandates that commodities or 20 services on the Procurement List required by…”

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