Page images
PDF
EPUB

of Labor. Such complaint shall then be promptly referred through the Regional Manpower Administration to the Secretary of Labor who shall investigate such complaint and shall take such action thereon as the facts and circumstances warrant consistent with the terms of such contract and the laws and regulations applicable thereto. $ 50–250.7 Manpower Administration

Regional Offices. Following are the addresses of the regional offices of the Manpower Administration of the Department of Labor, together with a list of the States and territories in each region. The addresses of the State and local offices of the various State employment services can be obtained at the office of the appropriate Regional Manpower Administrator. Region I—Room 1703, J. F. Kennedy Federal Building, Government Center, Boston, Mass. 02203. (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont.) Region II-Room 716, 341 Ninth Avenue, New York, NY 10001. (New York, New Jersey, Puerto Rico, and the Virgin Islands.) Region III—Post Office Box 8796, Philadelphia, Pa. 19101. (5000 Wissahickon Avenue, do not use street address for mailing purposes). (Delaware, Maryland, Pennsylvania, Virginia, and West Virginia.) Region IVRoom 405, 1371 Peachtree Street NE., Atlanta, GA 30309. (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee.) Region V-Room 2402, Federal Office Building, 219 South Dearborn

Street, Chicago, IL 60604. (Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin.) Region VI–7th Floor, Federal Center, 1100 Commerce Street, Dallas, TX 75201. (Arkansas, Louisiana, New Mexico, Oklahoma, and Texas.) Region VII—Room 3000, Federal Building, 911 Walnut Street, Kansas City, MO 64106. (Iowa, Kansas, Missouri, and Nebraska.) Region VIII—Room 16015, Fed. eral Ofice Building, 1961 Stout Street, Denver, CO 80208. (Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming.) Region IX-Room 10064, Federal Building, 450 Golden Gate Avenue, San Francisco, CA 94102. (Arizona, California, Guam, Hawall, and Nevada.) Region X-Arcade Plaza, 1321 Second Avenue, Seattle, WA 98101. (Alaska, Idaho, Oregon, and Washington.) District of Columbia-Room 341, 555 Pennsylvania Avenuo NW. Washington, DC 20212. (Dis. trict of Columbia.) $ 50–250.8 Federal departments and

agencies. Federal executive departments and agencies in order to implement the Federal executive policy of assistance to Veterans in obtaining employment, shall list all of their employment openings, for which they have direct-hire authority or which are in the service excepted, with the appropriate office of the Federal-State Employment Service. They shall also furnish to the Secretary of Labor such reports and information as he may require in carrying out his responsibilities under the Veterans' Employment and Readjustment Act of 1972, and Executive Order 11701.

CHAPTER 51-COMMITTEE FOR PURCHASE FROM THE BLIND AND OTHER SEVERELY HANDICAPPED

Page 185

Part
51-1 General
51-2 Committee for Purchase from the Blind and Other Severely

Handicapped
51-3 Central nonprofit agencies
51-4 Workshops.
51–5 Procurement requirements and procedures
51-6 Preparation of environmental statements
51-7 Public availability of agency materials
51-8 Privacy Act rules

187 188 189 191 195 200 202

PART 51-1-GENERAL

or by any qualified nonprofit agency for Sec.

other severely handicapped, and 51-1.1 Policy.

(2) The services provided by any 61-1.2 Definitions.

such agency which the Committee de51-1.3 Priorities.

termines are suitable for procurement 51–1.4 Recommendations.

by the Government pursuant to the Act. AUTHORITY: Pub. L. 92–28, 85 Stat. 77; (41

(b) The Act further provides that U.S.C. 46-48).

any entity of the Government which SOURCE: 38 FR 16316, June 21, 1973, unless intends to procure any commodity or otherwise noted.

service on the procurement list, shall § 51-1.1 Policy.

procure such commodity or service, at

the price established by the Committee, (a) The Committee for Purchase from

from a qualified nonprofit agency for the Blind and Other Severely Handi

the blind or such agency for the other capped was established by Public Law

severely handicapped if the commodity 92-28, June 23, 1971 (85 Stat. 77, 41 U.S.C.

or service is available within the normal 46–48) (hereinafter the Act) for the

period required by that Government enpurpose of directing the procurement of tity. However, this requirement shall not selected commodities and services by the apply to the procurement of any comFederal Government to qualified work- modity which is available from Federal shops serving blind and other severely Prison Industries, Inc. handicapped individuals with the objec- [38 FR 16316, June 21, 1973, as amended at tive of increasing the employment oppor

39 FR 35365, Oct. 1, 1974) tunities for these individuals. The Com

§ 51-1.2 Definitions. mittee is required to establish and pub

As used in this chapter: lish in the FEDERAL REGISTER a procure

(a) “Committee” means the Committee ment list of:

for Purchase from the Blind and Other (1) Commodities produced by any Severely Handicapped. qualified nonprofit agency for the blind (b) "Direct labor" means all work re

quired for preparation, processing, and 199 FR 35365, Oct. 1, 1974.

packing of a commodity or work directly

related to the performance of a service information developed by an ongoing but not supervision, administration, in- placement program conducted by the spection or shipping.

workshop. Such placement program shall (c) "Fiscal year" means the 12-month include at least (i) a preadmission evalperiod beginning on July 1 of each year. uation and annual review to determino

(d) “Government” and “entity of the each worker's capability for normal comGovernment” means any entity of the petitive employment, and (ii) maintelegislative branch or the judicial branch, nance of liaison with appropriate comany executive agency or military depart- munity services for the placement in such ment, the U.S. Postal Service, and any employment of any of its workers who nonappropriated fund instrumentality may qualify for such placement. under the jurisdiction of the Armed (h) “Qualified nonprofit agency for Forces.

the blind" (hereinafter workshop for the (e) "State" means the 50 States, the blind) means an agency organized under District of Columbia, the Commonwealth the laws of the United States or of any of Puerto Rico, the Virgin Islands, Guam, State, operated in the interest of blind American Samoa, and the Trust Terri- individuals, and the net income of which tory of the Pacific Islands.

does not inure in whole or in part to the (f) “Blind" means an individual or benefit of any shareholder or other inclass of individuals whose central visual dividual; which complies with applicable acuity does not exceed 20/200 in the bet- occupational health and safety standards ter eye with correcting lenses or whose prescribed by the Secretary of Labor; and visual acuity, if better than 20/200 is which in the production of commodities accompanied by a limit to the field of and the provision of services (whether or vision in the better eye to such a degree not the commodities or services are prothat its widest diameter subtends an cured under these regulations) during angle no greater than 20°.

the fiscal year employs blind individuals (g) "Other severely handicapped indi- for not less than 75 percent of the manvidual" means any person (other than a hours of direct labor required for the blind person) who is so severely inca- production or provision of the commodipacitated by any physical or mental dis- ties or services. ability that he cannot engage in normal (1) "Qualified nonprofit agency for competitive employment because of such other severely handicapped” (hereinafter disability.

workshop for other severely handi(1) Some specific categories of se- capped) means an agency organized verely handicapped persons include those under the laws of the United States or of disabled by the following:

any State, operated in the interests of (i) Spinal cord injury;

severely handicapped individuals who (11) Deafness;

are not blind, and the net income of (iii) Muscular dystrophy (adults); which does not inure in whole or in part (iv) Multiple sclerosis;

to the benefit of any shareholder or other (v) Developmental disability or other individual; which complies with applicneurological disorders;

able occupational health and safety (vi) Severe orthopedic handicaps; standards prescribed by the Secretary of (vii) Multiple disabilities;

Labor; and which in the production of (viii) Severe personality or behavioral

commodities and the provision of services disorders including psychoses and neu

(whether or not the commodities or servroses;

ices are procured under these regula(ix) Severe pulmonary disease;

tions) during the fiscal year employs (x) Severe cardiac disorders.

severely handicapped individuals (in

cluding blind) for not less than 75 perThe foregoing represent examples only cent of the man-hours of direct labor and should not be considered exclusive. required for production or provision

(2) A severely handicapped person of commodities or services. who is able to engage in normal competi- (j) “Procurement list” means a list of tive employment because he has over- (1) the commodities, including milltary come his handicap or his condition has resale commodities, produced by any been substantially corrected is not an workshop for the blind or by any work“other severely handicapped individual" shop for other severely handicapped, and within the meaning of this definition. (2) the services, provided by any such

(3) Capability for normal competitive workshop, which the Committee deteremployment shall be determined from mines are suitable for procurement by the Government pursuant to these reg- aged to recommend to the Committee ulations.

any commodities and services which ap(k) "Military resale commodities" pear to be suitable for procurement by means commodities on the procurement the Government from blind or other list sold for the private, individual use severely handicapped workshops. of authorized patrons of Armed Forces commissaries and exchanges, or like ac- PART 51-2-COMMITTEE FOR PURCHASE tivities of other Government departments FROM THE BLIND AND OTHER SEand agencies.

VERELY HANDICAPPED (1) “Central nonprofit agency" means

Sec. an agency organized under the laws of

51-2.1 Membership. the United States or of any State, op- 51-2.2 Responsibility. erated in the interest of the blind or 51-2.3 Duties and powers. other severely handicapped, the net in- 51-2.4 Procurement list. come of which does not inure in whole or

51–2.5 Fair market price. in part to the benefit of any shareholder AUTHORITY: Pub. L. 92–28, 85 Stat. 77; (41 or other individual, and designated by U.S.C. 46–48). the Committee to facilitate the distribu

SOURCE: 38 FR 16317, June 21, 1973, unless tion (by direct allocation, subcontract,

otherwise noted. or any other means) of orders of the Government for commodities and services

$ 51-2.1 Membership. on the procurement list among work- Under the Act the Committee is comshops for the blind or workshops for posed of 15 members appointed by the other severely handicapped, and to assist President. There is one representative the Committee in administering these from each of the following departments regulations.

or agencies of the Government: The De(m) “Ordering office" means any ac- partment of Agriculture, the Department tivity in an entity of the Government of Defense, the Department of the that places orders for the procurement of Army, the Department of the Navy, the any commodity or service on the procure- Department of the Air Force, the Department list.

ment of Health, Education and Wel(n) "Workshop" means a workshop for fare, the Department of Commerce, the blind or a workshop for other se- the Department of Justice, the Departverely handicapped, as appropriate. ment of Labor, the Veterans Adminis(38 FR 16316, June 21, 1973, as amended at tration, and the General Services Ad39 FR 35365, Oct. 1, 1974)

ministration. Four members are private

citizens: 851-1.3 Priorities.

One who is conversant

with the problems incident to the (a) The Committee, in assigning pri

employment of blind individuals; one orities for the procurement of commodi

who is conversant with the problems inties and services on the procurement list,

cident to the employment of other will make such assignments in accord

severely handicapped individuals; one ance with paragraphs (b) and (c) of

who represents blind individuals emthis section.

ployed in qualified nonprofit agencies (b) In the purchase by the Govern

for the blind; and one who reprement of commodities, including military

sents severely handicapped individuals resale commodities, produced and offered

(other than blind) employed in for sale by workshops for the blind or

qualified nonprofit agencies for the workshops for other severely handi

other severely handicapped. capped, priority shall be accorded to

[39 FR 35365, Oct. 1, 1974] commodities produced and offered for sale by workshops for the blind.

$ 51-2.2 Responsibility. (c) In the purchase by the Govern- It is the Committee's responsibility to ment of services offered by workshops

administer the Act, the purpose of which for the blind or workshops for other is to direct the procurement of selected severely handicapped, priority shall,

products and services by the Federal until December 31, 1976, be accorded to Government to qualified workshops for services offered for sale by workshops for

the blind and other severely handithe blind.

capped. The objective is to increase the 8 51-1.4 Recommendations.

opportunities for the employment of All individuals, particularly those con- blind and other severely handicapped cerned with procurement, are encour- Individuals and, whenever possible, to prepare these individuals to engage in be serviced and includes information on normal competitive employment.

prices. $ 51–2.3 Duties and powers.

(c) For military resale commodities,

the procurement list includes name of The duties and powers of the Commit- commodity, identification number, and tee are:

price. (a) To establish and publish in the FEDERAL REGISTER a procurement list of

$ 51-2.5 Fair market price. those commodities and services which it The Committee is responsible for dedetermines are suitable for workshops for termining the fair market prices includthe blind or other severely handicapped ing changes thereto, for commodities or to supply to the Government.

services on the procurement list and shall (b) To determine the fair market price consider recommendations from the proof the commodities or services on the curing agencies and the central nonprofit procurement list and to revise its price agency concerned. Recommendations for determinations in accordance with fair market prices or changes thereto changing market conditions.

shall be submitted by the workshops to (c) To designate a central nonprofit the central nonprofit agency representagency or agencies to facilitate the dis- ing the workshop. The central nonprofit tribution, among the workshops for the agency shall analyze the data and submit blind and other severely handicapped, of a recommended fair market price to the orders of the Government for commodi- Committee along with the detailed justities or services appearing on the procure- fication necessary to support the recomment list (by direct allocation, subcon

mended price. tract, or any other means).

(d) To establish rules and regulations PART 51–3–CENTRAL NONPROFIT regarding the effective implementation

AGENCIES of the Act.

Sec. (e) To assure that workshops for the 51-3.1 General. blind will have priority over workshops

51-3.2 Responsibilities. for other severely handicapped in the

51-3.3 Assignment of commodity or servico. production of commodities and, until

51-3.4 Distribution of orders.

51-3.5 Fees. December 31, 1976, in the provision of services.

AUTHORITY: Pub. L. 92-28, 85 Stat. 77; (41 (f) To conduct a continuing study and

U.S.C. 46-48). evaluation of its activities under the Act SOURCE: 38 FR 16318, June 21, 1973, unless for the purpose of assuring effective and otherwise noted. efficient administration of the Act. On

§ 51–3.1 General. its own, or in cooperation with other publicor nonprofit private agencies, the Under the provisions of section 2(c) of Committee may study problems relating

the Act, the following are designated to the employment of the blind and other central nonprofit agencies: severely handicapped individuals, and to (a) To represent the workshops for the development and adaptation of pro

the blind: National Industries for the duction methods which would enable a

Blind. greater utilization of these individuals. (b) To represent the workshops for

other severely handicapped: National $ 51-2.4 Procurement list.

Industries for the Severely Handicapped, The Committee shall issue to each or- Inc. dering office a procurement list which (41 FR 26906, June 30, 1976) will include commodities and services which shall be procured from the indi

$ 51-3.2 Responsibilities. cated central nonprofit agency or its

Each central nonprofit agency for its workshops.

participating workshops shall: (a) For commodities (except military (a) Represent them in dealing with resale commodities), the procurement the Committee under the Act. list includes the item description, specifi- (b) Evaluate the qualifications and cation identification, price, and other capabilities of its workshops and propertinent information.

vide the Committee with pertinent data (b) For services, the procurement list concerning its workshops, their status Identifies the type of service to be pro- as qualified nonprofit agencies, their vided, the area (s) and/or agency(s) to manufacturing or service capabilities,

« PreviousContinue »