41 C.F.R. § 51-4.4

Subcontracting

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(a) Nonprofit agencies shall seek broad competition in the purchase of materials and components used in the commodities and services furnished to the Government under the JWOD Act. Nonprofit agencies shall inform the Committee, through their central nonprofit agency, before entering into multiyear contracts for materials or components used in the commodities and services furnished to the Government under the JWOD Act.

(b) Each nonprofit agency shall accomplish the maximum amount of subcontracting with other nonprofit agencies and small business concerns that the nonprofit agency finds to be consistent both with efficient performance in furnishing commodities or services under the JWOD Act and maximizing employment for persons who are blind or have other severe disabilities.

(c) Nonprofit agencies may subcontract a portion of the process for producing a commodity or providing a service on the Procurement List provided that the portion of the process retained by the prime nonprofit agency generates employment for persons who are blind or have other severe disabilities. Subcontracting intended to be a routine part of the production of a commodity or provision of a service shall be identified to the Committee at the time the commodity or service is proposed for addition to the Procurement List and any significant changes in the extent of subcontracting must be approved in advance by the Committee.

(d) A nonprofit agency may not subcontract the entire production process for all or a portion of an order without the Committee's prior approval.

[56 FR 48980, Sept. 26, 1991, as amended at 62 FR 66529, Dec. 19, 1997]

Notes of Decisions

Cited in 2 cases, 2014–2014 · 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). · cites it 2× “See 41 C.F.R. § 51-4.4 (d) (prohibiting JWOD-participat-ing nonprofits from “subcontracting] the entire production process for all or a portion of an order without the Committee’s prior approval”).”

Akima Intra-Data, LLC v. United States, 119 Fed. Cl. 520 (Fed. Cl. 2014). “41 C.F.R. § 51-4.4 (c). Additionally, the regulations allow even greater subcontracting with specific CFP approval.”

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