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PART 50-210-STATEMENTS OF GEN- (12 FR 3916, June 17, 1947. Redesignated at
ERAL POLICY AND INTERPRETA. 24 FR 10952, Dec. 30, 1959)
NOTE: The text of $ 50-210.0 General en
forcement policy is identical to that of Sec.
$ 775.0 under 29 CFR Chapter V. 50-210.0 General enforcement policy. 50-210.1 Coverage under the Walsh-Healey
$ 50-210.1 Coverage under the WalshPublic Contracts Act of truck drivers
Healey Public Contracts Act of truck employed by oil dealers.
drivers employed by oil dealers.
$ 50-210.0 General enforcement policy. (a) The Division of Public Contracts (a) In order to clarify at this time
returns to the interpretation con
tained in Rulings and Interpretations the practices and policies which will
No. 21 with respect to coverage under guide the administration and enforce
the Walsh-Healey Public Contracts ment of the Fair Labor Standards Act
Act of truck drivers employed by oil of 1938 (52 Stat 1060, as amended, 29
dealers, by amending section 40(e)(1) U.S.C. 201-219), and the Walsh-Healey
of Rulings and Interpretations No. 31 Public Contracts Act (49 Stat. 2036, as to read as follows: amended; 41 U.S.C. 35-45), as affected by the Portal-to-Portal Act of 1947
(1) Where the contractor is a dealer, (Pub. Law 49, 80th Cong.), the follow
the act applies to employees at the
central distributing plant, including ing policy is announced effective June 30, 1947:
warehousemen, compounders, and
chemists testing the lot out of which (b) The investigation, inspection and
the Government order is filled, the enforcement activities of all officers
crews engaged in loading the materials and agencies of the Department of
in vessels, tank cars or tank wagons Labor as they relate to the Fair Labor
for shipment, and truck drivers enStandards Act (52 Stat. 1060, as
gaged in the activities described in secamended, 29 U.S.C. 201-219) and the
tion 37(m) above. 2 However, the conWalsh-Healey Public Contracts Act of
tractor is not required to show that June 30, 1936 (49 Stat. 2036, as amend the employees at the bulk stations, ined; 41 U.S.C. 35-45), will be carried out cluding truck drivers, are employed in on the basis that all employers in all accordance with the standards of the industries whose activities are subject act. (Bulk stations as the term is used to the provisions of the Fair Labor herein are intermediate points of storStandards Act (52 Stat. 1060, as age between a central distributing amended; 29 U.S.C. 201-219) or the plant and service stations.) Walsh-Healey Public Contracts Act (49 Stat. 2036, as amended; 41 U.S.C.
(Sec. 4, 49 Stat. 2038; 41 U.S.C. 38) 35-45) are responsible for strict com
[12 FR 2477, Apr. 17, 1947. Redesignated at pliance with the provisions thereof
24 FR 10952, Dec. 30, 1959) and the regulations issued pursuant thereto. (c) Any statements, orders, or
Not filed with the Office of the Federal instructions inconsistent herewith are
?Refers to Rulings and Interpretations No. 3. (Sec. 4, 49 Stat. 2038; 41 U.S.C. 38)
CHAPTER 51—COMMITTEE FOR PURCHASE
FROM THE BLIND AND OTHER
Part 51-1 51-2
51-3 51-4 51-5 51-6 51-7 51-8
266 268 269 271 276 281 284
(a) “Committee" means the Committee for Purchase from the Blind and
Other Severely Handicapped. Sec. 51-1.1 Policy.
(b) "Direct labor" means all work re51-1.2 Definitions.
quired for preparation, processing, and 51-1.3 Priorities.
packing of a commodity or work di51-1.4 Recommendations.
rectly related to the performance of a AUTHORITY: Pub. L. 92-28, 85 Stat. 77; (41
service but not supervision, adminisU.S.C. 46-48).
tration, inspection or shipping.
(c) “Fiscal year” means the 12§ 51-1.1 Policy.
month period beginning on October 1 (a) The Committee for Purchase of each year. from the Blind and Other Severely (d) “Government” and “entity of the Handicapped was established by Government” means any entity of the Public Law 92-28. June 23, 1971 (85 legislative branch or the judicial Stat. 77, 41 U.S.C. 46-48) (hereinafter branch, any executive agency or milithe Act) for the purpose of directing tary department, the U.S. Postal Serythe procurement of selected commod- ice, and any nonappropriated fund inities and services by the Federal Gov- strumentality under the jurisdiction of
nent to qualified workshops sery the Armed Forces. ing blind and other severely handi (e) “State” means the 50 States, the capped individuals with the objective District of Columbia, the Commonof increasing the employment oppor- wealth of Puerto Rico, the Virgin Istunities for these individuals. The lands, Guam, American Samoa, and Committee is required to establish and the Trust Territory of the Pacific Ispublish in the FEDERAL REGISTER a pro- lands. curement list of:
(f) “Blind” means an individual or (1) Commodities produced by any class of individuals whose central qualified nonprofit agency for the visual acuity does not exceed 20/200 in blind or by any qualified nonprofit the better eye with correcting lenses agency for other severely handi or whose visual acuity, if better than capped, and
20/200 is accompanied by a limit to (2) The services provided by any the field of vision in the better eye to such agency which the Committee de
such a degree that its widest diameter termines are suitable for procurement
subtends an angle no greater than 20°. by the Government pursuant to the
(g) “Other severely handicapped” Act.
means a person, other than a blind (b) The Act further provides that
person, who has a severe physical or any entity of the Government which
mental impairment (a residual, limitintends to procure any commodity or
ing condition resulting from an injury, service on the procurement list, shall
disease, or congenital defect) which so procure such commodity or service, at
limits the person's functional capabilithe price established by the Commit
ties (mobility, communication, selftee, from a qualified nonprofit agency
care, self-direction, work tolerance or for the blind or such agency for the
work skills) that the individual is other severely handicapped if the com
unable to engage in normal competimodity or service is available within
tive employment over an extended the normal period required by that
period of time. Government entity. However, this re
(1) Capability for normal competiquirement shall not apply to the pro
tive employment shall be determined curement of any commodity which is
from information developed by an onavailable from Federal Prison Indus
going evaluation program conducted tries, Inc.
by or for the workshop and shall in(38 FR 16316, June 21, 1973, as amended at clude, as a minimum, a preadmission 39 FR 35365, Oct. 1, 1974)
evaluation and a reevaluation at least
annually of each individual's capabili$ 51-1.2 Definitions.
ty for normal competitive employAs used in this chapter:
(2) A person with a severe physical by any such workshop, which the or mental impairment who is able to committee determines are suitable for engage in normal competitive employ. procurement by the Government purment because the impairment has suant to these regulations. been overcome or the condition has (k) “Military resale commodities” been substantially corrected is not means commodities on the procure“other severely handicapped" within ment list sold for the private, individuthe meaning of this definition. . al use of authorized patrons of Armed
(h) “Qualified nonprofit agency for Forces commissaries and exchanges, or the blind” (hereinafter workshop for like activities of other Government dethe blind) means an agency organized partments and agencies. under the laws of the United States or
(1) “Central nonprofit agency” of any State, operated in the interest means an agency organized under the of blind individuals, and the net laws of the United States or of any income of which does not inure in State, operated in the interest of the whole or in part to the benefit of any
blind or other severely handicapped, shareholder or other individual: which the net income of which does not complies with applicable occupational inure in whole or in part to the benefit health and safety standards prescribed
of any shareholder or other individual, by the Secretary of Labor: and which and designated by the Committee to in the production of commodities and facilitate the distribution (by direct althe provision of services (whether or
location, subcontract, or any other not the commodities or services are means) of orders of the Government procured under these regulations) for commodities and services on the during the fiscal year employs blind procurement list among workshops for individuals for not less than 75 per- the blind or workshops for other secent of the man-hours of direct labor verely handicapped, and to assist the required for the production or provi
Committee in administering these regsion of the commodities or services.
ulations. (i) “Qualified nonprofit agency for
(m) “Ordering office" means any acother severely handicapped” (herein
tivity in an entity of the Government after workshop for other severely
that places orders for the procurement handicapped) means an agency orga
of any commodity or service on the nized under the laws of the United procurement list. States or of any State, operated in the
(n) “Workshop” means a workshop interests of severely handicapped indi- for the blind or a workshop for other viduals who are not blind, and the net
severely handicapped, as appropriate. income of which does not inure in
(0) “Participating workshop” means whole or in part to the benefit of any
any workshop which has been authorshareholder or other individual; which
ized by the Committee to produce a complies with applicable occupational
commodity or provide a service to the health and safety standards prescribed
Government under the Act. by the Secretary of Labor; and which (38 FR 16316, June 21, 1973, as amended at in the production of commodities and 39 FR 35365, Oct. 1, 1974; 41 FR 45565, Oct. the provision of services (whether or 15, 1976; 44 FR 5433, Jan. 26, 1979) not the commodities or services are procured under these regulations) $ 51-1.3 Priorities. during the fiscal year employs severely (a) The Federal Prison Industries, handicapped individuals (including Inc. has priority, under the provisions blind) for not less than 75 percent of of section 4124 of title 18, United the man-hours of direct labor required States Code, over workshops for the for the production or provision of blind and other severely handicapped commodities or services.
in the production of commodities for (j) “Procurement list” means a list sale to the Government. All or a porof (1) the commodities, including mili- tion of the Government's requirement tary resale commodities, produced by for a commodity for which Federal any workshop for the blind or by any Prison Industries, Inc. has exercised workshop for other severely handi- its priority may be added to the Procapped, and (2) the services, provided curement List. However, such addition