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. § 8504

Procurement requirements for the Federal Government

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(a)In General.—An entity of the Federal Government intending to procure a product or service on the procurement list referred to in section 8503 of this title shall procure the product or service from a qualified nonprofit agency for the blind or a qualified nonprofit agency for other severely disabled in accordance with regulations of the Committee and at the price the Committee establishes if the product or service is available within the period required by the entity.(b)Exception.—This section does not apply to the procurement of a product that is available from an industry established under chapter 307 of title 18 and that is required under section 4124 of title 18 to be procured from that industry.(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3837.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

8504

41:48.

June 25, 1938, ch. 697, § 3, 52 Stat. 1196; Pub. L. 92–28, § 1, June 23, 1971, 85 Stat. 80.

In subsection (a), the words “referred to in section 8503 of this title” are added for clarity because of the restatement of 41:47(a) in section 8503(a) of the revised title.

In subsection (b), the words “for procurement” are omitted as unnecessary.

Notes of Decisions
Cited in 18 cases (9 in the last 5 years), 2016–2023 · 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). · cites it 3× “, to undertake a "Rule of Two" analysis-before procuring such eyewear from any other source, including a nonprofit agency for the blind or significantly disabled, designated as such under the Javits-Wagner-O'Day Act ("JWOD"), 41 U.S.C. § 8504 . See PDS Consultants, Inc.”
Sekri, Inc. v. United States, 34 F.4th 1063 (Fed. Cir. 2022). · cites it 2× “”); see also 41 U.S.C. § 8504 (a) (a contracting activity “shall procure” a product on the procurement list from a qualified nonprofit agency); 41 C.”
Kansas v. United States, 171 F. Supp. 3d 1145 (D. Kan. 2016). · cites it 3× “See 41 U.S.C. § 8504 . In sum, the RSA adopts certain preferences favoring, blind providers and the JWOD favors providers who employ blind and severely disabled employees.”
Sourceamerica v. U.S. Dep't of Educ., 368 F. Supp. 3d 974 (E.D. Va. 2019). · cites it 2× “41 U.S.C. § 8504 (a). The United States AbilityOne Commission ("the Commission"), the federal agency charged with administering the JWOD, designates central nonprofit agencies to help select products and services offered by nonprofits employing the blind and severely disabled…”
Kansas ex rel. Kansas Dep't for Child. & Families v. SourceAmerica, 874 F.3d 1226 (10th Cir. 2017). “41 U.S.C. § 8504 (a); see also 41 C.F.R. § 51-1.”
Pds Consultants, Inc. v. United States, 132 Fed. Cl. 117 (Fed. Cl. 2017). “41 U.S.C. § 8504 . In other words, once an item is added to the AbilityOne List, the JWOD requires federal agencies to purchase that product from the designated non-profit.”
Pds Consultants, Inc. v. United States, 133 Fed. Cl. 810 (Fed. Cl. 2017). “” 41 U.S.C. § 8504 (a). 2 . As relevant here, the VBA provides: "(d) USE OF RESTRICTED COMPETITION.”
State ex rel. the Kansas Dep't for Child. & Families v. United States ex rel. Carter, 192 F. Supp. 3d 1184 (D. Kan. 2016). “See 41 U.S.C. § 8504 , Intervenor SourceAmerica is the central nonprofit agency designated by the AbilityOne Commission to help identify suitable nonprofit agencies employing persons with significant disabilities to provide the services on the Procurement List.”
Goodwill Indus. of South Florida, Inc. v. United States, No. 21-2323 (Fed. Cl. Sept. 18, 2022). · cites it 23× “41 U.S.C. § 8504 (a)–(b) (2018). In SEKRI, Inc.”
Melwood Horticultural Training Ctr., Inc. v. United States, No. 20-1884 (Fed. Cl. May 21, 2021). · cites it 5× “As explained below, the Court finds that these Interim Policies (and thus the Pilot Program) contravene 41 U.S.C. § 8504 and 41 C.F.R. § 51 - 2.7.”
Sekri, Inc. v. United States, No. 21-778 (Fed. Cl. Mar. 13, 2023). · cites it 5× “41 U.S.C. § 8504 ; see also SEKRI II, 34 F.”
Sekri, Inc. v. United States, No. 21-1936 (Fed. Cir. May 13, 2022). · cites it 2× “”); see also 41 U.S.C. § 8504 (a) (a contracting activity “shall procure” a product on the procurement list from a qualified nonprofit agency); 41 C.”
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