C.F.R. » Title 41 » CHAPTER 51—COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED › PART 51-5—CONTRACTING REQUIREMENTS

41 C.F.R. § 51-5.1

General

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(a) Contracting activities are encouraged to assist the Committee and the central nonprofit agencies in identifying suitable commodities and services to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities so that the Committee can attain its objective of increasing employment and training opportunities for individuals who are blind or have other severe disabilities. For items which appear to be suitable to be furnished by nonprofit agencies, the contracting activity should refer the candidate commodities and services to the Committee or a central nonprofit agency. If a contracting activity decides to procure one or more commodities which are similar to a commodity or commodities on the Procurement List, the contracting activity should refer the commodities it intends to procure to the Committee or a central nonprofit agency.

(b) Contracting activities shall provide the Committee and designated central nonprofit agencies with information needed to enable the Committee to determine whether a commodity or service is suitable to be furnished by a nonprofit agency. For commodities, information such as the latest solicitation and amendments, bid abstracts, procurement history, estimated annual usage quantities, and anticipated date of next solicitation issuance and opening may be needed. For services, similar information including the statement of work and applicable wage determination may be required. In order to assist in evaluating the suitability of an Office of Management and Budget Circular No. A-76 conversion, contracting activities should provide a copy of the draft statement of work and applicable wage determination to the central nonprofit agency upon its request.

Notes of Decisions
Cited in 3 cases (3 in the last 5 years), 2021–2022 · leading case: Sekri, Inc. v. United States (Fed. Cl. 2022).
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Sekri, Inc. v. United States (Fed. Cl. 2022). · cites it 3× “Claim Two In the second claim of its supplemental complaint, the plaintiff alleged: Under 41 C.F.R. § 51-5.1 DLA has been required to refer the ATAP to the Committee or a central nonprofit agency.”
Goodwill Indus. of South Florida, Inc. v. United States (Fed. Cl. 2022). · cites it 2× “For example, 41 C.F.R. § 51-5.1 provides: (a) Contracting activities are encouraged to assist the Committee and the central nonprofit agencies in identifying suitable commodities and services to be furnished by nonprofit agencies employing persons who are blind or have other…”
Melwood Horticultural Training Ctr., Inc. v. United States (Fed. Cl. 2021). “41 C.F.R. § 51-5.1 (b). The CNAs provide such documentation to interested NPAs.”
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