41 C.F.R. § 51-2.2

Powers and responsibilities

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The Committee is responsible for carrying out the following functions in support of its mission of providing employment and training opportunities for persons who are blind or have other severe disabilities and, whenever possible, preparing those individuals to engage in competitive employment:

(a) Establish rules, regulations, and policies to assure effective implementation of the JWOD Act.

(b) Determine which commodities and services procured by the Federal Government are suitable to be furnished by qualified nonprofit agencies employing persons who are blind or have other severe disabilities and add those items to the Committee's Procurement List. Publish notices of addition to the Procurement List in the Federal Register. Disseminate information on Procurement List items to Federal agencies. Delete items no longer suitable to be furnished by nonprofit agencies. Authorize and deauthorize central nonprofit agencies and nonprofit agencies to accept orders from contracting activities for the furnishing of specific commodities and services on the Procurement List.

(c) Determine fair market prices for items added to the Procurement List and revise those prices in accordance with changing market conditions to assure that the prices established are reflective of the market.

(d) Monitor nonprofit agency compliance with Committee regulations and procedures.

(e) Inform Federal agencies about the AbilityOne Program and the statutory mandate that items on the Procurement List be purchased from qualified nonprofit agencies, and encourage and assist entities of the Federal Government to identify additional commodities and services that can be purchased from qualified nonprofit agencies. To the extent possible, monitor Federal agencies' compliance with JWOD requirements.

(f) Designate, set appropriate ceilings on fee paid to these central nonprofit agencies by nonprofit agencies selling items under the AbilityOne Program, and provide guidance to central nonprofit agencies engaged in facilitating the distribution of Government orders and helping State and private nonprofit agencies participate in the AbilityOne Program.

(g) Conduct a continuing study and evaluation of its activities under the JWOD Act for the purpose of assuring effective and efficient administration of the JWOD Act. The Committee may study, independently, or in cooperation with other public or nonprofit private agencies, problems relating to:

(1) The employment of the blind or individuals with other severe disabilities.

(2) The development and adaptation of production methods which would enable a greater utilization of these individuals.

(h) Provide technical assistance to the central nonprofit agencies and the nonprofit agencies to contribute to the successful implementation of the JWOD Act.

(i) Assure that nonprofit agencies employing persons who are blind will have priority over nonprofit agencies employing persons with severe disabilities in furnishing commodities.

[56 FR 48977, Sept. 26, 1991, as amended at 59 FR 59341, Nov. 16, 1994; 71 FR 68493, Nov. 27, 2006]

Notes of Decisions

Cited in 8 cases (5 in the last 5 years), 1985–2023 · leading case: Akima Intra-Data, LLC v. United States, 119 Fed. Cl. 520 (Fed. Cl. 2014).

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Akima Intra-Data, LLC v. United States, 119 Fed. Cl. 520 (Fed. Cl. 2014). · cites it 3× “” Id, at §§ 8502, 8503(a)(1); see also 41 C.F.R. §§ 51-2.2 , 512.8. In addition to adding suitable products and service to the procurement list, CFP is tasked to “determine the fair market price of products and services contained on the procurement list that are offered for sale…”

HLI Lordship Indus., Inc. v. Comm. for Purchase, 615 F. Supp. 970 (E.D. Va. 1985). “Having carefully reviewed the provisions of the JWOD Act and the legislative history, the Court finds that there is insufficient evidence to support a finding that plaintiff falls within the zone of interest of the Act.”

McGregor Printing Corp. v. Kemp, 20 F.3d 1188 (D.C. Cir. 1994). “6(a)(l) & (b) (1990); 41 C.F.R. §§ 51-2.2 (c), 51-2.4(c) & (d) (1993).”

Goodwill Indus. of South Florida, Inc. v. United States (Fed. Cl. 2022). · cites it 5× “The implementing regulation at 41 C.F.R. § 51-2.2 explains that: [t]he Committee is responsible for carrying out the following functions in support of its mission of providing employment and training opportunities for persons who are blind or have other severe disabilities and,…”

Goodwill Indus. of South Florida, Inc. v. United States (Fed. Cl. 2021). · cites it 3× “41 C.F.R. § 51-2.2 (2021). The JWOD Act explains that for the Procurement List, referenced in 41 C.”

Melwood Horticultural Training Ctr., Inc. v. United States (Fed. Cl. 2021). “§§ 8503 (a)-(g), 8504; and 41 C.F.R. § 51-2.2 (a)(i). C. Contract Background Fort Meade is one of the installations managed by Installation Management Command.”

Sekri, Inc. v. United States (Fed. Cl. 2022). “§ 8502 ; 41 C.F.R. § 51-2.2 . Under the AbilityOne program, federal agencies seeking to procure certain products or services “shall procure the product or service from a qualified nonprofit agency for the blind or a qualified nonprofit agency for other severely disabled in…”

Sekri, Inc. v. United States (Fed. Cl. 2023). “41 C.F.R. § 51-2.2 (b) (providing that AbilityOne is responsible for “[determining] which commodities and services procured by the Federal Government are suitable to be furnished by qualified nonprofit agencies employing persons who are blind or have other severe disabilities…”

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