U.S. Code » Title 41 » Subtitle Subtitle IV— Miscellaneous › Chapter CHAPTER 85— COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED

41 U.S.C. § 8503

Duties and powers of the Committee

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(a)Procurement List.—(1)Maintenance of list.—The Committee shall maintain and publish in the Federal Register a procurement list. The list shall include the following products and services determined by the Committee to be suitable for the Federal Government to procure pursuant to this chapter:(A) Products produced by a qualified nonprofit agency for the blind or by a qualified nonprofit agency for other severely disabled.(B) The services those agencies provide.(2)Changes to list.—The Committee may, by rule made in accordance with the requirements of section 553(b) to (e) of title 5, add to and remove from the procurement list products so produced and services so provided.(b)Fair Market Price.—The Committee shall determine the fair market price of products and services contained on the procurement list that are offered for sale to the Federal Government by a qualified nonprofit agency for the blind or a qualified nonprofit agency for other severely disabled. The Committee from time to time shall revise its price determinations with respect to those products and services in accordance with changing market conditions.(c)Central Nonprofit Agency or Agencies.—The Committee shall designate a central nonprofit agency or agencies to facilitate the distribution, by direct allocation, subcontract, or any other means, of orders of the Federal Government for products and services on the procurement list among qualified nonprofit agencies for the blind or qualified nonprofit agencies for other severely disabled.(d)Regulations.—The Committee—(1) may prescribe regulations regarding specifications for products and services on the procurement list, the time of their delivery, and other matters as necessary to carry out this chapter; and(2) shall prescribe regulations providing that when the Federal Government purchases products produced and offered for sale by qualified nonprofit agencies for the blind or qualified nonprofit agencies for other severely disabled, priority shall be given to products produced and offered for sale by qualified nonprofit agencies for the blind.(e)Study and Evaluation of Activities.—The Committee shall make a continuing study and evaluation of its activities under this chapter to ensure effective and efficient administration of this chapter. The Committee on its own or in cooperation with other public or nonprofit private agencies may study—(1) problems related to the employment of the blind and other severely disabled individuals; and(2) the development and adaptation of production methods that would enable a greater utilization of the blind and other severely disabled individuals.(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3836.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

8503(a)

41:47(a).

June 25, 1938, ch. 697, § 2, 52 Stat. 1196; Pub. L. 92–28, § 1, June 23, 1971, 85 Stat. 79.

8503(b)

41:47(b).

8503(c)

41:47(c).

8503(d)

41:47(d).

8503(e)

41:47(e).

In subsection (a), the text of 41:47(a)(1) (last sentence) is omitted as obsolete. The words “procurement list” are substituted for “(hereafter in sections 46 to 48c of this title referred to as the ‘procurement list’)” to eliminate unnecessary words.

In subsection (d)(2), the text of 41:47(d)(2)(B) is omitted as obsolete.

Notes of Decisions
Cited in 22 cases (7 in the last 5 years), 2012–2023 · leading case: Pds Consultants, Inc. v. United States, 907 F.3d 1345 (Fed. Cir. 2018).
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Pds Consultants, Inc. v. United States, 907 F.3d 1345 (Fed. Cir. 2018). “41 U.S.C. § 8503 (a)(2). 3. The Small Business Act and Amendments Thereto The Competition in Contracting Act permits agencies to restrict competition for some federal contracts.”
Kansas ex rel. Kansas Dep't for Child. & Families v. SourceAmerica, 874 F.3d 1226 (10th Cir. 2017). “51-1, 51-2, 51-3, 51-4, and 51-6), and charged it with promulgating implementing regulations, see 41 U.S.C. § 8503 (d). The Commission oversees the so-called AbilityOne Program (Program), under which the Commission must “maintain and publish in the Federal Register a procurement…”
Akima Intra-Data, LLC v. United States, 119 Fed. Cl. 520 (Fed. Cl. 2014). · cites it 6× “” 41 U.S.C. § 8503 (b). Once CFP adds a service to the procurement list, only qualified AbilityOne contractors are eligible to perform the work.”
Sekri, Inc. v. United States, 34 F.4th 1063 (Fed. Cir. 2022). “See 41 U.S.C. § 8503 . Under the JWOD Act pro- curement system, if a federal agency intend[s] to procure a product or service on the pro- curement list .”
Nat'l Telecommuting Inst., Inc. v. United States, 123 Fed. Cl. 595 (Fed. Cl. 2015). · cites it 3× “41 U.S.C. § 8503 (e). Under this mandate, the Committee selected National Industries for the Blind and SourceAmerica, previously named National Industries for the Severely Handicapped, as its designated central nonprofit agencies.”
Pds Consultants, Inc. v. United States, 132 Fed. Cl. 117 (Fed. Cl. 2017). “41 U.S.C. § 8503 (d) (giving the Commission authority to add items to the procurement list); Administrative Record (“AR”) 708 (“Although the Javits-Wagner O’Day Act gives the Commission statutory authority to determine which products or services are suitable to be added to the…”
Pds Consultants, Inc. v. United States, 133 Fed. Cl. 810 (Fed. Cl. 2017). “41 U.S.C. § 8503 (a), see also PAR § 8.704.”
Sinai Hosp. of Baltimore, Inc. v. NLRB, 33 F.4th 715 (4th Cir. 2022). “See 41 U.S.C. § 8503 (a). To obtain federal contracts through this procurement 22 list, qualified nonprofits — like VSP — must ensure that at least 75% of the “work-hours of direct labor required to furnish [their] .”
Sys. Application & Tech., Inc. v. United States, 107 Fed. Cl. 795 (Fed. Cl. 2012). · cites it 3× “41 U.S.C. § 8503 . For a commodity or service to be suitable for addition to the Procurement List, each of the following criteria must be satisfied: (1) Employment potential.”
Kansas v. United States, 171 F. Supp. 3d 1145 (D. Kan. 2016). “41 U.S.C. § 8503 . The CFP determines suitable products and services to place on the Procurement List and, once placed on the list, federal government entities must procure those products and services from qualified organizations that employ the blind and severely disabled.”
Msc Indus. Direct Co., Inc. v. United States, 126 Fed. Cl. 525 (Fed. Cl. 2016). “” 41 U.S.C. § 8503 (a)(1) (2012). Federal agencies intending to procure an item on the list must purchase it from a qualified nonprofit agency, if available.”
Melwood Horticultural Training Ctr., Inc. v. United States, No. 20-1884 (Fed. Cl. May 21, 2021). · cites it 7× “” 41 U.S.C. § 8503 (c). As relevant here, AbilityOne designated SourceAmerica as a central nonprofit agency (“CNA”) which represents the interests of severely disabled people who provide services on the Procurement List.”
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41 U.S.C. § 8503(a)(2): 1 case
Akima Intra-Data, LLC v. United States, 119 Fed. Cl. 520 (Fed. Cl. 2014). “” 41 U.S.C. § 8503 (b). Once CFP adds a service to the procurement list, only qualified AbilityOne contractors are eligible to perform the work.”
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