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PART 51-1-PURCHASES OF BLIND Federal departments and agencies are MADE PRODUCTS
required to purchase their requirements Sec.
of brooms, mops and other suitable com51-1.1 Definitions.
modities from agencies for the blind un51-1.2 Policy.
less such commodities are available for 51-1.3 National Industries for the Blind
procurement from Federal Prison Indesignated.
dustries, Inc. 51-1.4 Responsibilities of National Industries.
§ 51-1.3 National Industries for 51-1.5 Schedule of Blind-Made Products.
Blind designated. 51-1.6 Price determination.
National Industries for the Blind Purchase procedure. 51-1.7 51-1.8 Clearances.
(hereinafter referred to as “National In51-1.9 Agencies for the blind; participa
dustries") is designated as the agency tion.
to facilitate the equitable distribution of 51-1.10 Reports.
Government orders among the agencies 51-1.11 Violations.
for the blind. AUTHORITY: $ $ 51-1.1 to 51-1.11 issued
§ 51-1.4 Responsibilities of National under sec. 2, 52 Stat. 1196; 41 U.S.C. 47.
Industries. SOURCE: $ $ 51-1.1 to 51-1.11 appear at 26 (a) National Industries is delegated F.R. 3641, Apr. 28, 1961, except as otherwise
the responsibility to assure that these noted.
regulations and the intent of the Wag§ 51-1.1 Definitions.
ner-O'Day Act are carried out in the
allocation of Government orders to agenAs used in this part:
cies for the blind. (a) “Blind” means a person having
(b) National Industries will maintain visual acuity not to exceed 20/200 in the better eye with correcting lenses; or
a record of all qualifying agencies for
the blind and such necessary data as visual acuity greater than 20/200 but with a limitation in the fields of vision
will enable it to equitably allocate orders such that the widest diameter of the
among such agencies for the blind. visual field subtends an angle no greater
(c) While safety and other working than 20 degrees.
conditions at facilities of the agencies (b) “Non-profit-making agency for
for the blind are the responsibility of the blind” (hereinafter referred to as
other Federal, State, and local regula"agency for the blind") means any or
tory agencies, National Industries should
report to the governing body of the ganization, organized under the laws of the United States or any State, oper
agency for the blind any violation com
ing to its attention which cannot be corated in the interest of the blind, the net
rected through discussion with the head income of which does not inure in whole or in part to the benefit of any share
of the agency for the blind involved. holder or individual and which employs § 51-1.5 Schedule of Blind-Made Prodblind persons to an extent constituting
ucts. not less than 75 percent of the total
The Committee on Purchases of Blindhours of employment of all personnel
Made Products (hereinafter referred to engaged in the direct labor of produc
as the “Committee”) will issue to ordertion of all articles which are manufactured by the agency for the blind,
ing offices, through the Federal Supply whether for this program or otherwise.
Service, General Services Administra
tion, a Schedule of Blind-Made Products Direct labor of production includes all work required for preparation, process
(hereinafter referred to as the “Scheding and packing, but not supervision,
ule”) setting forth data concerning comadministration, inspection and shipping.
modities which will be procured from the (c) “Ordering office” means any Fed
agencies for the blind. Such data will
include the item description, covering eral department, independent establishment, board, commission, bureau, serv
specifications, price, and other perti
nent information. ice, or division of the United States, and any wholly-owned Government corpora
§ 51-1.6 Price determination. tion.
The Committee will determine the fair $ 51-1.2 Policy.
market price for all items listed in the By the Wagner-O'Day Act of June 25, Schedule and will revise such prices from 1938 (52 Stat. 1196; 41 U.S.C. 46–48), all time to time in accordance with chang
ing market conditions. Recommenda or (3) that are for use outside the contions for price determinations and re tinental United States. visions may be submitted by ordering offices in accordance with departmental
§ 51–1.9 Agencies for the blind; parprocedures and by agencies for the blind
ticipation. through National Industries.
(a) As a prerequisite to participating
in such Government orders, agencies for $ 51-1.7 Purchase procedure.
the blind will file with National Indus(a) Any ordering office requiring a com tries, (1) if they are corporate bodies, modity listed in the Schedule, when au copies of their articles of incorporation, thorized to purchase directly from agen constitution and bylaws or other instrucies for the blind, will advise National ments of similar import or (2) if they Industries as to the items required, the are instrumentalities of a State, copies quantities, and the required delivery
of State laws and related documents, dates, and will request an allocation showing their authority and permitted from National Industries. National In activities. Such documents will be acdustries will determine whether agencies companied by a list of the items which for the blind can fill the requirement and, the agency for the blind proposes to if so, will allocate orders equitably among
furnish the Government and a certificate agencies for the blind. Upon receipt of that such items or ones involving similar the allocation from National Industries, manufacturing processes have been proorders will be placed by ordering offices duced and sold during the preceding six with the designated agencies for the months. Similar certification will be blind, in accordance with the allocation furnished if other items are subsequently provisions.
proposed for addition to the list. The (b) Commissary resale items may be
agency for the blind will also furnish ordered without requesting an alloca information as to the plant facilities, tion for each order after receipt from equipment, management and work force National Industries for the Blind of in that are available to and in use by the structions to send future orders for speci agency. fied items to designated agencies for the Upon receipt of this material, National blind. Copies of all orders must, how Industries will inspect the production ever, be furnished National Industries facilities and will make recommendations for the Blind. New instructions will be to the Committee regarding participaissued to the commissaries from time to tion by the agency for the blind. If the time by National Industries for the Committee approves an organization for Blind as necessary to assure equitable participation in the program as a qualidistribution of orders or to reflect fied agency for the blind, National Induschanged conditions.
tries will include the agency in its allo[26 F.R. 3641, Apr. 28, 1961, as amended at
cations of Government orders for such 26 F.R. 9714, Oct. 14, 1961]
commodities as National Industries con
siders the agency for the blind qualified $ 51-1.8 Clearances.
to produce. Initial allocations will be (a) Whenever National Industries limited to those commodities which have informs an ordering office that some or been certified by the agency for the blind all of the items contained in the request as provided in the preceding paragraph. for allocations cannot be furnished If National Industries considers it within the period specified, the ordering desirable, such agencies may be peroffice may purchase such items from mitted to participate in Government commercial sources in the quantities orders pending inspection of the producindicated. However, purchase action for tion facilities and approval of the Comthese items must be initiated within 30 mittee: Provided, however, That no days from the date of the authorization agency for the blind will be permitted or within any additional period as may to participate for a period in excess of be authorized by National Industries. six (6) months without the approval of
(b) An ordering office may purchase the Committee. from commercial sources any items listed (b) Even though previously qualified in the Schedule to meet requirements to furnish a commodity listed in the (1) of military necessity which require Schedule, an agency for the blind will delivery within two weeks; or (2) that not be allocated an order for such comtotal twenty-five dollars ($25.00) or less; modity unless this commodity or ones
accordance with departmental procedures any such monetary adjustment, together with pertinent facts. Pursuant to $ 51-1.11, allocations may be discontinued to an agency for the blind that fails to meet its obligations in respect to time of delivery or quality. § 51-1.10 Reports.
National Industries will furnish a comprehensive annual report to the Committee containing information concerning all of its operations and including financial statements, a list of significant accomplishments and developments, and such other details as National Industries considers appropriate or the Committee may request.
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
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
$ 51-1.11 Violations.
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.