41 C.F.R. § 51-6.8

Deletion of items from the Procurement List

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(a) When a central nonprofit agency decides to request that the Committee delete a commodity or service from the Procurement List, it shall notify the Committee staff immediately. Before reaching a decision to request a deletion of an item from the Procurement List, the central nonprofit agency shall determine that none of its nonprofit agencies is capable and desirous of furnishing the commodity or service involved.

(b) Except in cases where the Government is no longer procuring the item in question, the Committee shall, prior to deleting an item from the Procurement List, determine that none of the nonprofit agencies of the other central nonprofit agency is desirous and capable of furnishing the commodity or service involved.

(c) Nonprofit agencies will normally be required to complete production of any orders for commodities on hand regardless of the decision to delete the item. Nonprofit agencies shall obtain concurrence of the contracting activity and the Committee prior to returning a purchase order to the contracting activity.

(d) For services, a nonprofit agency shall notify the contracting activity of its intent to discontinue performance of the service 90 days in advance of the termination date to enable the contracting activity to assure continuity of the service after the nonprofit agency's discontinuance.

(e) The Committee may delete an item from the Procurement List without a request from a central nonprofit agency if the Committee determines that none of the nonprofit agencies participating in the AbilityOne Program are capable and desirous of furnishing the commodity or service to the Government, or if the Committee decides that the commodity or service is no longer suitable for procurement from nonprofit agencies employing people who are blind or have other severe disabilities. In considering such an action, the Committee will consult with the appropriate central nonprofit agency, the nonprofit agency or agencies involved, and the contracting activity.

[56 FR 48983, Sept. 26, 1991; 56 FR 64002, Dec. 6, 1991, as amended at 59 FR 59344, Nov. 16, 1994; 71 FR 68494, Nov. 27, 2006]

Notes of Decisions

Cited in 4 cases (3 in the last 5 years), 2006–2023 · leading case: Magic Brite Janitorial v. United States, 69 Fed. Cl. 319 (Fed. Cl. 2006).

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Magic Brite Janitorial v. United States, 69 Fed. Cl. 319 (Fed. Cl. 2006). “The granting of an exception does not have the effect of removing the contract from the JWOD procurement list — such a “deletion” is accomplished under an entirely different regulation, 41 C.F.R. § 51-6.8 . Moreover, the removal of a contract from the JWOD procurement fist…”

Goodwill Indus. of South Florida, Inc. v. United States (Fed. Cl. 2022). · cites it 5× “To delete items from the Procurement List, the JWOD Act implementing regulation at 41 C.F.R. § 51-6.8 states: (a) When a central nonprofit agency decides to request that the Committee delete a commodity or service from the Procurement List, it shall notify the Committee staff…”

Melwood Horticultural Training Ctr., Inc. v. United States (Fed. Cl. 2021). “” 41 C.F.R § 51-6.8(e). Among other functions, the Commission is responsible for determining a fair market price for products and services on the Procurement List.”

Sekri, Inc. v. United States (Fed. Cl. 2023). “the ATAP was added to the procurement list as a 100 percent mandatory procurement (and, as previously explained, in the absence of any basis supported by AbilityOne’s own regulations, the designation of SEKRI as the mandatory source had to be for 100 percent), any proposed…”

— 41 C.F.R. § 51-6.8(e) — 1 case

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