41 C.F.R. § 51-3.2

Responsibilities under the AbilityOne Program

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Each central nonprofit agency shall:

(a) Represent its participating nonprofit agencies in dealing with the Committee under the JWOD Act.

(b) Evaluate the qualifications and capabilities of its nonprofit agencies and provide the Committee with pertinent data concerning its nonprofit agencies, their status as qualified nonprofit agencies, their manufacturing or service capabilities, and other information concerning them required by the Committee.

(1) Determine the suitability of a commodity or service being recommended to the Committee for addition to the Procurement List; or

(2) Establish an initial fair market price for a commodity or service or make changes in the fair market price.

(d) Recommend to the Committee, with the supporting information required by Committee procedures, suitable commodities or services for procurement from its nonprofit agencies.

(e) Recommend to the Committee, with the supporting information required by Committee procedures, initial fair market prices for commodities or services proposed for addition to the Procurement List.

(f) Distribute within the policy guidelines of the Committee (by direct allocation, subcontract, or any other means) orders from Government activities among its nonprofit agencies.

(g) Maintain the necessary records and data on its nonprofit agencies to enable it to allocate orders equitably.

(h) Oversee and assist its nonprofit agencies to insure contract compliance in furnishing a commodity or a service.

(i) As market conditions change, recommend price changes with appropriate justification for assigned commodities or services on the Procurement List.

(j) Monitor and assist its nonprofit agencies to meet the statutory and regulatory requirements to fully participate in the program. Conduct assistance visits with its nonprofits as necessary and provide the Committee with the results and recommendations of such visits.

(k) When authorized by the Committee, enter into contracts with Federal contracting activities for the furnishing of commodities or services provided by its nonprofit agencies.

(l) At the time designated by the Committee, submit a completed, original copy of the appropriate Initial Certification (Committee Form 401 or 402) for the nonprofit agency concerned. This requirement does not apply to a nonprofit agency that is already authorized to furnish a commodity or service under the JWOD Act.

(m) Review and forward to the Committee by December 1 of each year a completed original copy of the appropriate Annual Certification (Committee Form 403 or 404) for each of its participating nonprofit agencies covering the fiscal year ending the preceding September 30.

(n) Perform other JWOD administrative functions, including activities to increase Government and public awareness of the JWOD Act subject to the oversight of the Committee.

[56 FR 48979, Sept. 26, 1991, as amended at 59 FR 59342, Nov. 16, 1994; 62 FR 32237, June 13, 1997; 68 FR 53684, Sept. 12, 2003; 73 FR 28043, May 15, 2008]

Notes of Decisions

Cited in 10 cases, 1978–2019 · leading case: US ex rel. Mike Ahumada v. NISH, 756 F.3d 268 (4th Cir. 2014).

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US ex rel. Mike Ahumada v. NISH, 756 F.3d 268 (4th Cir. 2014). “” 41 C.F.R. §§ 51-3.2 (b), 51-3.4. NISH was also charged with “monitoring]” the participating nonprofits to ensure their compliance with “the statutory and regulatory requirements [of] the program.”

Kansas ex rel. Kansas Dep't for Child. & Families v. SourceAmerica, 874 F.3d 1226 (10th Cir. 2017). “41 C.F.R. § 51-3.2 . If the Commission determines that the service is suitable to add to the procurement list, it publishes a notice in the Federal Register of its intent to do so.”

Angelica Textile Servs., Inc. v. United States, 95 Fed. Cl. 208 (Fed. Cl. 2010). “41 C.F.R. § 51-3.2 (e). The Committee then considers the nonprofit’s proposal, 41 C.”

Barrier Indus., Inc. v. Jack M. Eckard, 584 F.2d 1074 (D.C. Cir. 1978). · cites it 2× “§ 47 (a); 41 C.F.R. § 51-3.2 . Additionally, since 1938, N.”

State ex rel. the Kansas Dep't for Child. & Families v. United States ex rel. Carter, 192 F. Supp. 3d 1184 (D. Kan. 2016). “1(b) (SourceAmerica (formerly known as NISH) represents nonprofit agencies employing persons with severe disabilities,); 41 C.F.R. § 51-3.2 (responsibilities of a central nonprofit agency).”

Nat'l Telecommuting Inst., Inc. v. United States, 123 Fed. Cl. 595 (Fed. Cl. 2015). “§ 8503 (c); 41 C.F.R. §§ 51-3.2 , 51-1.1. Pursuant to the Commission’s directives and its “overarching goal to increase” such training and employment opportunities, SourceAmeri-ca published AbilityOne Program Bulletin No.”

HLI Lordship Indus., Inc. v. Comm. for Purchase, 615 F. Supp. 970 (E.D. Va. 1985). “41 CFR § 51-3.2 . In January 1983, NISH advised the Committee that the government could purchase some of its decorative military medals from Elwyn Industries, a nonprofit agency for the severely handicapped headquartered in Pennsylvania.”

Akima Intra-Data, LLC v. United States, 119 Fed. Cl. 520 (Fed. Cl. 2014). “§ 8503 (c); see also 41 C.F.R. § 51-3.2 . These NPAs are SourceAmerica 4 and the National Industries for the Blind.”

McGregor Printing Corp. v. Kemp, 802 F. Supp. 519 (D.D.C. 1992). · cites it 2× “41 C.F.R. § 51-3.2 . In determining whether an item is “suitable” for placement on the Procurement List, the Committee is bound by several statutory and regulatory provisions.”

Nat'l Fed'n of the Blind v. U.S. AbilityOne Comm'n (D. Maryland 2019). · cites it 7× “See 41 C.F.R. § 51-3.2 . CNAs may also act as contractors when permitted by the Commission.”

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