Page images
PDF
EPUB

PART 51-1-GENERAL

Sec.
51-1.1 Policy.
51-1.2 Definitions.
51-1.3 Priorities.
51-1.4 Recommendations.

AUTHORITY: Pub. L. 92-28, 85 Stat. 77; (41 U.S.C. 46-48).

51-1.1 Policy.

(a) The Committee for Purchase from the Blind and Other Severely Handicapped was established by Public Law 92-28, June 23, 1971 (85 Stat. 77, 41 U.S.C. 46-48) (hereinafter the Act) for the purpose of directing the procurement of selected commodities and services by the Federal Government to qualified workshops serving blind and other severely handicapped individuals with the objective of increasing the employment opportunities for these individuals. The Committee is required to establish and publish in the FEDERAL REGISTER a procurement list of:

(1) Commodities produced by any qualified nonprofit agency for the blind or by any qualified noriprofit agency for other severely handicapped, and

(2) The services provided by any such agency which the Committee determines are suitable for procurement by the Government pursuant to the Act.

(b) The Act further provides that any entity of the Government which intends to procure any commodity or service on the procurement list, shall procure such commodity or service, at the price established by the Committee, from a qualified nonprofit agency for the blind or such agency for the other severely handicapped if the commodity or service is available within the normal period required by that Government entity. However, this requirement shall not apply to the procurement of any commodity which is available from Federal Prison Industries, Inc. (38 FR 16316, June 21, 1973, as amended at 39 FR 35365, Oct. 1, 1974)

(a) “Committee" means the Committee for Purchase from the Blind and Other Severely Handicapped.

(b) "Direct labor" means all work required for preparation, processing, and packing of a commodity or work directly related to the performance of a service but not supervision, administration, inspection or shipping.

(c) “Fiscal year” means the 12month period beginning on October 1 of each year.

(d) “Government” and “entity of the Government” means any entity of the legislative branch or the judicial branch, any executive agency or military department, the U.S. Postal Seryice, and any nonappropriated fund instrumentality under the jurisdiction of the Armed Forces.

(e) “State” means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.

(f) “Blind” means an individual or class of individuals whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses or whose visual acuity, if better than 20/200 is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle no greater than 20°.

(g) “Other severely handicapped individual” means any person (other than a blind person) who is so severely incapacitated by any physical or mental disability that he cannot engage in normal competitive employment because of such disability.

(1) Some specific categories of severely handicapped persons include those disabled by the following:

(i) Spinal cord injury;
(ii) Deafness;
(iii) Muscular dystrophy (adults);
(iv) Multiple sclerosis;

(v) Developmental disability or other neurological disorders;

(vi) Severe orthopedic handicaps; (vii) Multiple disabilities;

(viii) Severe personality or behavioral disorders including psychoses and neuroses;

(ix) Severe pulmonary disease; (x) Severe cardiac disorders.

$ 51-1.2 Definitions.

As used in this chapter:

The foregoing represent examples only and should not be considered exclusive.

(2) A severely handicapped person who is able to engage in normal competitive employment because he has overcome his handicap or his condition has been substantially corrected is not an “other severely handicapped individual” within the meaning of this definition.

(3) Capability for normal competitive employment shall be determined from information developed by an ongoing placement program conducted by the workshop. Such placement program shall include at least (i) a preadmission evaluation and annual review to determine each worker's capability for normal competitive ernployment, and (ii) maintenance of liaison with appropriate community services for the placement in such employment of any of its workers who may qualify for such placement.

(h) “Qualified nonprofit agency for the blind” (hereinafter workshop for the blind) means an agency organized under the laws of the United States or of any State, operated in the interest of blind individuals, and the net income of which does not inure in whole or in part to the benefit of any shareholder or other individual; which complies with applicable occupational health and safety standards prescribed by the Secretary of Labor; and which in the production of commodities and the provision of services (whether or not the commodities or services are procured under these regulations) during the fiscal year employs blind individuals for not less than 75 percent of the man-hours of direct labor required for the production or provision of the commodities or services.

(i) “Qualified nonprofit agency for other severely handicapped” (hereinafter workshop for other severely handicapped) means an agency organized under the laws of the United States or of any State, operated in the interests of severely handicapped individuals who are not blind, and the net income of which does not inure in whole or in part to the benefit of any shareholder or other individual; which complies with applicable occupational

health and safety standards prescribed by the Secretary of Labor; and which in the production of commodities and the provision of services (whether or not the commodities or services are procured under these regulations) during the fiscal year employs severely handicapped individuals (including blind) for not less than 75 percent of the man-hours of direct labor required for the production or provision of commodities or services.

(j) “Procurement list” means a list of (1) the commodities, including military resale commodities, produced by any workshop for the blind or by any workshop for other severely handicapped, and (2) the services, provided by any such workshop, which the Committee determines are suitable for procurement by the Government pursuant to these regulations.

(k) “Military resale commodities" means commodities on the procurement list sold for the private, individual use of authorized patrons of Armed Forces commissaries and exchanges, or like activities of other Government departments and agencies.

(1) “Central nonprofit agency" means an agency organized under the laws of the United States or of any State, operated in the interest of the blind or other severely handicapped, the net income of which does not inure in whole or in part to the benefit of any shareholder or other individual, and designated by the Committee to facilitate the distribution (by direct allocation, subcontract, or any other means) of orders of the Government for commodities and services on the procurement list among workshops for the blind or workshops for other severely handicapped, and to assist the Committee in administering these regulations.

(m) “Ordering office" means any activity in an entity of the Government that places orders for the procurement of any commodity or service on the procurement list.

(n) “Workshop” means a workshop for the blind or a workshop for other severely handicapped, as appropriate.

(0) “Participating workshop” means any workshop which has been authorized by the Committee to produce a AUTHORITY: Pub. L. 92-28, 85 Stat. 77; (41 U.S.C. 46-48).

commodity or provide a service to the Government under the Act. (38 FR 16316, June 21, 1973, as amended at 39 FR 35365, Oct. 1, 1974; 41 FR 45565, Oct. 15, 1976)

$ 51-1.3 Priorities.

(a) The Federal Prison Industries, Inc. has priority, under the provisions of section 4124 of title 18, United States Code, over workshops for the blind and other severely handicapped in the production of commodities for sale to the Government. All or a portion of the Government's requirement for a commodity for which Federal Prison Industries, Inc. has exercised its priority may be added to the Procurement List. However, such addition is made with the understanding that procurement under the Act shall be limited to that portion of the Government's requirement for the commodity which is not available from the Federal Prison Industries, Inc.

(b) The Committee, in the assignment of commodities for procurement under the Act, shall accord priority to commodities, including military resale commodities, produced and offered for sale by workshops for the blind. [42 FR 13552, Mar. 11, 1977)

$ 51-2.1 Membership.

Under the Act the Committee is composed of 15 members appointed by tie 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)

$ 51-1.4 Recommendations.

All individuals, particularly those concerned with procurement, are encouraged to recommend to the Committee any commodities and services which appear to be suitable for procurement by the Government from blind or other severely handicapped workshops.

$ 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 16316, June 21, 1973)

PART 51-2-COMMITTEE FOR PUR

CHASE FROM THE BLIND AND OTHER SEVERELY HANDICAPPED

(38 FR 16317, June 21, 1973]

Sec. 51-2.1 Membership. 51-2.2 Responsibility. 51-2.3 Duties and powers. 51-2.4 Procurement list. 51-2.5 Fair market price. 51-2.6 Suitability. 51-2.7 Reconsideration of Committee deci

sion.

$ 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 (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)

or

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,

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.

§ 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)

[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.

$ 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 Lisu 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.

PART 51-3-CENTRAL NONPROFIT

AGENCIES

Sec. 51-3.1 General. 51-3.2 Responsibilities. 51-3.3 Assignment of commodity or service. 51-3.4 Distribution of orders. 51-3.5 Fees.

AUTHORITY: Pub. L. 92-28, 85 Stat. 77; (41 U.S.C. 46-48).

(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.

$ 51-3.1 General.

Under the provisions of section 2(c) of the Act, the following are designated central nonprofit agencies:

(a) To represent the workshops for the blind: National Industries for the Blind.

(b) To represent the workshops for other severely handicapped: National Industries for the Severely Handicapped, Inc. (41 FR 26906, June 30, 1976)

re

$ 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.

(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 com

(42 FR 36457, July 15, 1977)

8 51-2.7 Reconsideration of Committee de

cision. 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)

« PreviousContinue »