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CHAPTER 51-COMMITTEE ON PURCHASES
OF BLIND-MADE PRODUCTS
Purchases of blind-made products.
As used in this part:
(a) "Blind" means a person having visual acuity not to exceed 20/200 in the better eye with correcting lenses; or visual acuity greater than 20/200 but with a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees.
(b) "Non-profit-making agency for the blind" (hereinafter referred to as "agency for the blind") means any organization, organized under the laws of the United States or any State, operated in the interest of the blind, the net income of which does not inure in whole or in part to the benefit of any shareholder or individual and which employs blind persons to an extent constituting not less than 75 percent of the total hours of employment of all personnel engaged in the direct labor of production of all articles which are manufactured by the agency for the blind, whether for this program or otherwise. Direct labor of production includes all work required for preparation, processing and packing, but not supervision, administration, inspection and shipping.
(c) "Ordering office" means any Federal department, independent establishment, board, commission, bureau, service, or division of the United States, and any wholly-owned Government corporation.
§ 51-1.2 Policy.
By the Wagner-O'Day Act of June 25, 1938 (52 Stat. 1196; 41 U.S.C. 46–48), all
(a) National Industries is delegated the responsibility to assure that these regulations and the intent of the Wagner-O'Day Act are carried out in the allocation of Government orders to agencies for the blind.
(b) National Industries will maintain a record of all qualifying agencies for the blind and such necessary data as will enable it to equitably allocate orders among such agencies for the blind.
(c) While safety and other working conditions at facilities of the agencies for the blind are the responsibility of other Federal, State, and local regulatory agencies, National Industries should report to the governing body of the agency for the blind any violation coming to its attention which cannot be corrected through discussion with the head of the agency for the blind involved. § 51-1.5
Schedule of Blind-Made Prod
The Committee on Purchases of BlindMade Products (hereinafter referred to as the "Committee") will issue to ordering offices, through the Federal Supply Service, General Services Administration, a Schedule of Blind-Made Products (hereinafter referred to as the "Schedule") setting forth data concerning commodities which will be procured from the agencies for the blind. Such data will include the item description, covering specifications, price, and other pertinent information.
§ 51-1.6 Price determination.
The Committee will determine the fair market price for all items listed in the Schedule and will revise such prices from time to time in accordance with chang
ing market conditions. Recommendations for price determinations and revisions may be submitted by ordering offices in accordance with departmental procedures and by agencies for the blind through National Industries.
§ 51-1.7 Purchase procedure.
(a) Any ordering office requiring a commodity listed in the Schedule, when authorized to purchase directly from agencies for the blind, will advise National Industries as to the items required, the quantities, and the required delivery dates, and will request an allocation from National Industries. National Industries will determine whether agencies for the blind can fill the requirement and, if so, will allocate orders equitably among agencies for the blind. Upon receipt of the allocation from National Industries, orders will be placed by ordering offices with the designated agencies for the blind, in accordance with the allocation provisions.
(b) Commissary resale items may be ordered without requesting an allocation for each order after receipt from National Industries for the Blind of instructions to send future orders for specified items to designated agencies for the blind. Copies of all orders must, however, be furnished National Industries for the Blind. New instructions will be issued to the commissaries from time to time by National Industries for the Blind as necessary to assure equitable distribution of orders or to reflect changed conditions.
[26 F.R. 3641, Apr. 28, 1961, as amended at 26 F.R. 9714, Oct. 14, 1961] § 51-1.8 Clearances.
(a) Whenever National Industries informs an ordering office that some or all of the items contained in the request for allocations cannot be furnished within the period specified, the ordering office may purchase such items from commercial sources in the quantities indicated. However, purchase action for these items must be initiated within 30 days from the date of the authorization or within any additional period as may be authorized by National Industries.
(b) An ordering office may purchase from commercial sources any items listed in the Schedule to meet requirements (1) of military necessity which require delivery within two weeks; or (2) that total twenty-five dollars ($25.00) or less;
or (3) that are for use outside the continental United States.
§ 51-1.9 Agencies for the blind; participation.
(a) As a prerequisite to participating in such Government orders, agencies for the blind will file with National Industries, (1) if they are corporate bodies, copies of their articles of incorporation, constitution and bylaws or other instruments of similar import or (2) if they are instrumentalities of a State, copies of State laws and related documents, showing their authority and permitted activities. Such documents will be accompanied by a list of the items which the agency for the blind proposes to furnish the Government and a certificate that such items or ones involving similar manufacturing processes have been produced and sold during the preceding six months. Similar certification will be furnished if other items are subsequently proposed for addition to the list. The agency for the blind will also furnish information as to the plant facilities, equipment, management and work force that are available to and in use by the agency.
Upon receipt of this material, National Industries will inspect the production facilities and will make recommendations to the Committee regarding participation by the agency for the blind. If the Committee approves an organization for participation in the program as a qualified agency for the blind, National Industries will include the agency in its allocations of Government orders for such commodities as National Industries considers the agency for the blind qualified to produce. Initial allocations will be limited to those commodities which have been certified by the agency for the blind as provided in the preceding paragraph.
If National Industries considers it desirable, such agencies may be permitted to participate in Government orders pending inspection of the production facilities and approval of the Committee: Provided, however, That no agency for the blind will be permitted to participate for a period in excess of six (6) months without the approval of the Committee.
(b) Even though previously qualified to furnish a commodity listed in the Schedule, an agency for the blind will not be allocated an order for such commodity unless this commodity or ones
involving similar manufacturing processes shall have been produced by the particular agency for the blind within the preceding twelve (12) months.
(c) Each agency for the blind will keep on file an eye record card containing information that will establish whether a person employed in the production of commodities listed in the Schedule is blind, as defined in § 51-1.1 (a). Copies of these cards will also be filed with National Industries.
(d) Each agency for the blind participating in such Government orders will submit to National Industries by January 31 of each year a brief annual report covering the preceding calendar year. Annual reports will include data on blind workers, sales, and such other relevant information as may be required by the Committee. Pertinent books and records of the agency for the blind will be made available for inspection at any reasonable time to representatives of National Industries or the Committee.
(e) Acceptance of a purchase order by an agency for the blind obligates it to supply the articles called for in strict conformance with the specifications and within the time specified for delivery. If an agency for the blind fails to comply with this obligation, the ordering office may cancel the purchase order or negotiate with the agency for the blind for a suitable monetary consideration for an extension of the delivery schedule or acceptance of a minor deviation. Ordering offices will report to the Committee in
National Industries will investigate any alleged violation of the regulations in this part. The agency for the blind concerned will be notified by National Industries of the allegations and will be afforded an opportunity to submit a statement of facts and evidence. National Industries will report its findings to the Committee, together with its suitable recommendations. In reviewing the case, the Committee may request the submission of additional evidence or may hold a hearing on the matter. Pending
a decision by the Committee, National Industries may temporarily suspend allocations to the agency for the blind concerned.