Page images
PDF
EPUB
[blocks in formation]

§ 51-2.1 Membership.

Under the Act the Committee is composed of 15 members appointed by the President. There is one representative from each of the following departments or agencies of the Government: The Department of Agriculture, the Department of Defense, the Department of the Army, the Department of the Navy, the Department of the Air Force, the Department of Health, Education and Welfare, the Department of Commerce, the Department of Justice, the Department of Labor, the Veterans Administration, and the General Services Administration. Four members are private citizens: One who is conversant with the

problems incident to the employment of blind individuals; one who is conversant with the problems incident to the employment of other severely handicapped individuals; one who represents blind individuals employed in qualified nonprofit agencies for the blind; and one who represents severely handicapped individuals (other than blind) employed in qualified nonprofit agencies for the other severely handicapped.

[39 FR 35365, Oct. 1, 1974]

§ 51-2.2 Responsibility.

It is the Committee's responsibility to administer the Act, the purpose of which is to direct the procurement of selected products and services by the Federal Government to qualified workshops for the blind and other severely handicapped. The objective is to increase the opportunities for the employment of blind and other severely handicapped individuals and, whenever possible, to prepare these individuals to engage in normal competitive employment.

[38 FR 16317, June 21, 1973]

§ 51-2.3 Duties and powers.

The duties and powers of the Committee are:

(a) To establish and publish in the FEDERAL REGISTER a procurement list of those commodities and services which it determines are suitable for workshops for the blind or other severely handicapped to supply to the Government.

(b) To determine the fair market price of the commodities or services on the procurement list and to revise its price

determinations in accordance with changing market conditions.

(c) To designate a central nonprofit agency or agencies to facilitate the distribution, among the workshops for the blind and other severely handicapped, of orders of the Government for commodities or services appearing on the procurement list (by direct allocation, subcontract, or any other

means).

(d) To establish rules and regulations regarding the effective implementation of the Act.

(e) To assure that workshops for the blind will have priority over workshops for other severely handicapped in the production of commodities.

(f) To conduct a continuing study and evaluation of its activities under the Act for the purpose of assuring effective and efficient administration of the Act. On its own, or in cooperation with other public or nonprofit private agencies, the Committee may study problems relating to the employment of the blind and other severely handicapped individuals, and to the development and adaptation of production methods which would enable a greater utilization of these individuals.

[38 FR 16317, June 21, 1973, as amended at 42 FR 13552, Mar. 11, 1977]

§ 51-2.4 Procurement list.

The Committee shall issue to each ordering office a procurement list which will include commodities and services which shall be procured from the indicated central nonprofit agency or its workshops.

(a) For commodities (except military resale commodities), the procurement list includes the item description, specification identification, and other pertinent information.

(b) For services, the procurement list identifies the type of service to be provided, the area(s) and/or agency(s) to be serviced and includes information on prices.

(c) For military resale commodities, the procurement list includes name of commodity and identification number. [38 FR 16317, June 21, 1973, as amended at 41 FR 45565, Oct. 15, 1976]

§ 51-2.5 Fair market price.

The Committee is responsible for determining the fair market prices including changes thereto, for commodities or services on the procurement list and shall consider recommendations from the procuring agencies and the central nonprofit agency concerned. Recommendations for fair market prices or changes thereto shall be submitted by the workshops to the central nonprofit agency representing the workshop. The central nonprofit agency shall analyze the data and submit a recommended fair market

price to the Committee along with the detailed justification necessary to support the recommended price.

[38 FR 16317, June 21, 1973]

§ 51-2.6 Suitability.

(a) The Committee has eatablished the following criteria for determining if a commodity or service to suitable for addition to the Procurement List:

(1) A qualified workshop must be capable of producing the commodity or providing the service at a fair market price.

(2) The addition of the community or service to the Procurement List would not have a serious adverse impact on the current or most recen contractor for the commodity or service.

(b) To qualify to participate under the Act, a workshop must meet the requirements as a nonprofit agency serving the blind or other severely handicapped set forth in Part 51-4 of this chapter. A workshop desiring to produce a commodity or provide a service under the Act must satisfy the Committee that it will have the capability to meet the Government's quality standards and delivery schedules by the time it assumes responsibility for supplying the Government under the Act and that it can supply he commodity or service at a fair market price.

(c) At least 30 days prior the Committee's consideration of the addition of a commodity or serive to the Procurement List, the Committee publishes a notice in the FEDEAL REGISTER announcing the proposed addition and providing interested persons an opportunity to submit wirtten data, views, or arguments on the proposed addition.

(d) In deciding whether or not a proposed addition to the Procurement List would have a serious adverse impact on the current or most recent contractor for the particular commodity or service, the Committee gives particular attention to:

(1) The possible impact on that contractor's sales, including any cumulative impact as the result of other recent Committee actions.

(2) Whether or not that contractor has been a continuous supplier to the Government of the specific commodity

or serive proposed for addition and is, therefore, more dependent on the income from such sales to the Government, and

(3) Any substantive comments received as the result of the notice in the FEDERAL REGISTER.

(e) The Committee considers the particular facts and circumstances in each cases in determinin if a commodity or service is suitable for addition to the Procurement List. When the Committee determines that a proposed addition to the Procurement List would have a serious adverse impact on a particular company, it takes this fact into consideration in deciding whether or not the Government's procurement of the commodity or service in question, or a portion thereof, should be added to the Procurement List.

[42 FR 36457, July 15, 1977]

§ 51-2.7 Reconsideration of Committee decision.

An interested person may request reconsideration of a Committee decision by submitting a request to the Committee in writing setting forth the facts which he or she considers would justify the Committee's modifying or reversing its decision.

[42 FR 36458, July 15, 1977]

[blocks in formation]

§ 51-3.2 Responsibilities.

Each central nonprofit agency for its participating workshops shall:

(a) Represent them in dealing with the Committee under the Act.

(b) Evaluate the qualifications and capabilities of its workshops and provide the Committee with pertinent data concerning its workshops, their status as qualified nonprofit agencies, their manufacturing or service capabilities, and other information quired by the Committee.

re

(c) Recommend to the Committee, with appropriate justification including recommended prices, suitable commodities or services for procurement from its workshops.

(d) Distribute within the policy guidelines of the Committee (by direct allocation, subcontract, or any other means) orders from Government activities among its workshops.

(e) Maintain the necessary records and data on its workshops to enable it to allocate orders equitably.

(f) Supervise its workshops to insure contract compliance in the production of a commodity or performance of a service.

(g) As market conditions change, recommend price changes with appropriate justification for assigned commodities or services on the procurement list.

(h) Monitor and inspect the activities of its workshops to insure compliance with the Act and appropriate regulations.

(i) When authorized by the Committee, enter into contracts with the Federal procuring activities for the furnishing of commodities or services provided by its workshops.

(j) Submit to the Committee a comprehensive annual report for each fiscal year concerning the operations of its workshops under the Act, including significant accomplishments and developments, and such other details as the central nonprofit agency considers appropriate or the Committee may request. This report will be submitted by December 15 for the fiscal year ending the preceding September 30.

(k) Review and forward to the Committee by December 15 the annual workshop certification for each of its participating workshops covering the

fiscal year ending the preceding September 30.

[38 FR 16318, June 21, 1973, as amended at 41 FR 45565, Oct. 15, 1976; 42 FR 13552, Mar. 11, 1977]

§ 51-3.3 Assignment of commodity or service.

(a) The central nonprofit agency first proposing a service for possible addition to the Procurement List shall be assigned the service.

(b) Within 60 days after notification by the Committee that a commodity has been proposed for possible addition to the Procurement List, the Federal Prison Industries, Inc., and the National Industries for the Blind (for commodities proposed by the National Industries for the Severely Handicapped) shall notify the Committee of their decisions regarding the exercise or waiver of priority on the proposed commodity.

(c) When the Federal Prison Industries, Inc. exercises its priority for a commodity proposed by the National Industries for the Blind or the National Industries for the Severely Handicapped for possible addition to the Procurement List, the commodity may be assigned to the National Industries for the Blind or the National Industries for the Severely Handicapped in accordance with paragraph (d) or (e) of this section.

(d) When the National Industries for the Blind proposes a commodity for possible addition to the Procurement List, it shall be assigned to the National Industries for the Blind.

(e) When the National Industries for the Severely Handicapped proposes a commodity for possible addition to the Procurement List, it shall be assigned to the National Industries for the Severely Handicapped, unless the National Industries for the Blind exercises the priority accorded to the workshops for the blind, in which case the commodity shall be assigned to the National Industries for the Blind.

(f) When the National Industries for the Blind exercises the priority of the workshops for the blind for a commodity which was initially proposed by the National Industries for the Severely Handicapped, the National Industries for the Blind shall complete the essen

[blocks in formation]

without prior written approval of the Committee.

[41 FR 26906, June 30, 1976]

§ 51-4.2 Procedures for qualification.

(a) To qualify for participation under the Act,

(1) A workshop, other than a Stateowned or State-operated workshop, shall submit to the Committee through its central nonprofit agency the following documents, transmitted by a letter signed by an officer of the corporation or chief executive:

(i) A legible copy (preferably a photocopy) of the articles of incorporation showing the date of filing and the signature of an appropriate State official. (ii) A copy of the bylaws certified by an officer of the corporation.

(iii) If the articles of incorporation or bylaws do not include a statement to the effect that no part of the net income of the workshop may inure to the benefit of any shareholder or other individual, one of the following:

(a) A certified true copy of the State statute under which the workshop was incorporated which includes wording to the effect that no part of the net income of the workshop may inure to the benefit of any shareholder or other individual.

(b) A copy of a resolution approved by the governing body of the corporation, certified by an officer of the corporation to the effect that no part of the net income of the workshop may inure to the benefit of any shareholder or other individual.

(c) A copy of the Internal Revenue Service certificate, duly executed during the prior twelve months, indicating that the corporation has been accepted as a non-profit agency for taxation purposes.

(2) A State-owned or State-operated workshop for the blind or other severely handicapped shall submit to the Committee through its central nonprofit agency the following documents, transmitted by a letter signed by an officer of the wholly-owned State corporation or an official of the agency that directs the operations of the workshop, as applicable:

(i) A certified true copy of the State statute establishing or authorizing the

establishment of workshop(s) for the blind or other severely handicapped.

(ii) In the case of a wholly-owned State corporation, a certified true copy of the corporation bylaws; and, in the case of a State agency, a certified true copy of implementing regulations, operating procedures, notice of establishment of the workshop, or other similar documents.

(3) The Committee shall review the documents submitted and, if they are acceptable, notify the workshop through the central nonprofit agency of the workshop's eligibility to participate under the Act.

(b) At the time the central nonprofit agency recommends to the Committee the addition of a commodity or service to the procurement list, it shall submit a signed copy of the appropriate initial workshop certification for the workshop concerned. This requirement does not apply when a workshop is already authorized to produce a commodity or provide a service under the Act.

(c) To maintain its qualification under the Act, each workshop authorized to produce a commodity or provide a service under the Act must continue to meet the requirements of a "workshop for the blind" or "workshop for the other severely handicapped" as defined in § 51-1.2 (h) and (i) respectively and shall complete and submit an annual workshop certification to its central nonprofit agency by November 15 for the fiscal year ending the preceding September 30.

[38 FR 16318, June 21, 1973, as amended at 41 FR 11515, Mar. 19, 1976; 41 FR 45566, Oct. 15, 1976]

[blocks in formation]
« PreviousContinue »