Cite - 41 CFR 51 Part 4

[Code of Federal Regulations]

[Title 41, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 41CFR51-4.1]

[Page 53]

TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT

CHAPTER 51--COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY

DISABLED

PART 51-4_NONPROFIT AGENCIES--Table of Contents

Sec.

51-4.1 General.

51-4.2 Initial qualification.

51-4.3 Maintaining qualification.

51-4.4 Subcontracting.

51-4.5 Violations by nonprofit agencies.

Authority: 41 U.S.C. 46-48c.

Source: 56 FR 48980, Sept. 26, 1991, unless otherwise noted.

Sec. 51-4.1 General.

To participate in the JWOD Program, a nonprofit agency shall be

represented by the central nonprofit agency assigned by the Committee on

the basis of the nonprofit agency's articles of incorporation and

bylaws.

[Code of Federal Regulations]

[Title 41, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 41CFR51-4.2]

[Page 53-54]

TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT

CHAPTER 51--COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY

DISABLED

PART 51-4_NONPROFIT AGENCIES--Table of Contents

Sec. 51-4.2 Initial qualification.

(a) To qualify for participation in the JWOD Program:

(1) A privately incorporated nonprofit agency 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 nonprofit

agency may inure to the benefit of any shareholder or other individual,

one of the following shall be submitted:

(A) A certified true copy of the State statute under which the

nonprofit agency was incorporated which includes wording to the effect

that no part of the net income of the nonprofit agency 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 nonprofit agency may inure to the

benefit of any shareholder or other individual.

(2) A State-owned or State-operated nonprofit agency, or a nonprofit

agency established or authorized by a State statute other than the State

corporation laws and not privately incorporated, 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 nonprofit agency, as applicable:

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

authorizing the establishment of nonprofit agency(ies) for persons who

are blind or have other severe disabilities.

(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 or

local government

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agency, a certified true copy of implementing regulations, operating

procedures, notice of establishment of the nonprofit agency, or other

similar documents.

(b) The Committee shall review the documents submitted and, if they

are acceptable, notify the nonprofit agency by letter, with a copy to

its central nonprofit agency, that the Committee has verified its

nonprofit status under the JWOD Act.

(c) A nonprofit agency shall submit two completed copies of the

appropriate Initial Certification (Committee Form 401 or 402) to its

central nonprofit agency at the time designated by the Committee. This

requirement does not apply if a nonprofit agency is already authorized

to furnish a commodity or service under the JWOD Act.

[56 FR 48980, Sept. 26, 1991, as amended at 59 FR 59342, Nov. 16, 1994]

[Code of Federal Regulations]

[Title 41, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 41CFR51-4.3]

[Page 54-55]

TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT

CHAPTER 51--COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY

DISABLED

PART 51-4_NONPROFIT AGENCIES--Table of Contents

Sec. 51-4.3 Maintaining qualification.

(a) To maintain its qualification under the JWOD Act, each nonprofit

agency authorized to furnish a commodity or a service shall continue to

comply with the requirements of a ``nonprofit agency for other severely

handicapped'' or a ``nonprofit agency for the blind'' as defined in

Sec. 51-1.3 of this chapter. In addition, each such nonprofit agency

must submit to its central nonprofit agency by November 1 of each year,

two completed copies of the appropriate Annual Certification (Committee

Form 403 or 404) covering the fiscal year ending the preceding September

30.

(b) In addition to paragraph (a) of this section, each nonprofit

agency participating in the JWOD Program shall:

(1) Furnish commodities or services in strict accordance with

Government orders.

(2) Comply with the applicable compensation, employment, and

occupational health and safety standards prescribed by the Secretary of

Labor, including procedures to encourage filling of vacancies within the

nonprofit agency by promotion of qualified employees who are blind or

have other severe disabilities.

(3) Comply with directives or requests issued by the Committee in

furtherance of the objectives of the JWOD Act or its implementing

regulations.

(4) Make its records available for inspection at any reasonable time

to representatives of the Committee or the central nonprofit agency

representing the nonprofit agency.

(5) Maintain records of direct labor hours performed in the

nonprofit agency by each worker.

(6) Maintain a file for each blind individual performing direct

labor which contains a written report reflecting visual acuity and field

of vision of each eye, with best correction, signed by a person licensed

to make such an evaluation, or a certification of blindness by a State

or local governmental entity.

(7) Maintain in the file for each blind individual performing direct

labor annual reviews of ability to engage in normal competitive

employment. These reviews must be signed by an individual qualified by

training and/or experience to make this determination.

(8) Maintain an ongoing placement program operated by or for the

nonprofit agency to include liaison with appropriate community services

such as the State employment service, employer groups and others. Those

individuals determined capable and desirous of normal competitive

employment shall be assisted in obtaining such employment.

(9) Upon receipt of payment by the Government for commodities or

services furnished under the JWOD Program, pay to the central nonprofit

agency a fee which meets the requirements of Sec. 51-3.5 of this

chapter.

(c) Each nonprofit agency employing persons with severe disabilities

participating in the JWOD Program shall, in addition to the requirements

of paragraphs (a) and (b) of this section, maintain in each individual

with a severe disability's file:

(1) A written report signed by a licensed physician, psychiatrist,

or qualified psychologist, reflecting the nature and extent of the

disability or disabilities that cause such person to qualify as a person

with a severe disability, or a certification of the disability or

disabilities by a State or local governmental entity.

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(2) Reports which state whether that individual is capable of

engaging in normal competitive employment. These reports shall be signed

by a person or persons qualified by training and experience to evaluate

the work potential, interests, aptitudes, and abilities of persons with

disabilities and shall normally consist of preadmission evaluations and

reevaluations prepared at least annually. The file on individuals who

have been in the nonprofit agency for less than two years shall contain

the preadmission report and, where appropriate, the next annual

reevaluation. The file on individuals who have been in the nonprofit

agency for two or more years shall contain, as a minimum, the reports of

the two most recent annual reevaluations.

(d) The information collection requirements of Sec. 51-4.2 and

Sec. 51-4.3 and the recordkeeping requirements of Sec. 51-4.3 have

been approved by the Office of Management and Budget (OMB) under the

provisions of the Paperwork Reduction Act of 1980 (Public Law 96-511).

The information collection requirements have been assigned the following

OMB control numbers:

------------------------------------------------------------------------

OMB control

Committee form No.

------------------------------------------------------------------------

Committee form 401......................................... 3037-0004

Committee form 402......................................... 3037-0003

Committee form 403......................................... 3037-0001

Committee form 404......................................... 3037-0002

------------------------------------------------------------------------

The recordkeeping requirements have been assigned OMB control number

3037-0005.

[56 FR 48980, Sept. 26, 1991; 56 FR 64002, Dec. 6, 1991, as amended at

59 FR 59343, Nov. 16, 1994; 62 FR 32237, June 13, 1997; 62 FR 66529,

Dec. 19, 1997; 68 FR 53685, Sept. 12, 2003]

[Code of Federal Regulations]

[Title 41, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 41CFR51-4.4]

[Page 55]

TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT

CHAPTER 51--COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY

DISABLED

PART 51-4_NONPROFIT AGENCIES--Table of Contents

Sec. 51-4.4 Subcontracting.

(a) Nonprofit agencies shall seek broad competition in the purchase

of materials and components used in the commodities and services

furnished to the Government under the JWOD Act. Nonprofit agencies shall

inform the Committee, through their central nonprofit agency, before

entering into multiyear contracts for materials or components used in

the commodities and services furnished to the Government under the JWOD

Act.

(b) Each nonprofit agency shall accomplish the maximum amount of

subcontracting with other nonprofit agencies and small business concerns

that the nonprofit agency finds to be consistent both with efficient

performance in furnishing commodities or services under the JWOD Act and

maximizing employment for persons who are blind or have other severe

disabilities.

(c) Nonprofit agencies may subcontract a portion of the process for

producing a commodity or providing a service on the Procurement List

provided that the portion of the process retained by the prime nonprofit

agency generates employment for persons who are blind or have other

severe disabilities. Subcontracting intended to be a routine part of the

production of a commodity or provision of a service shall be identified

to the Committee at the time the commodity or service is proposed for

addition to the Procurement List and any significant changes in the

extent of subcontracting must be approved in advance by the Committee.

(d) A nonprofit agency may not subcontract the entire production

process for all or a portion of an order without the Committee's prior

approval.

[56 FR 48980, Sept. 26, 1991, as amended at 62 FR 66529, Dec. 19, 1997]

[Code of Federal Regulations]

[Title 41, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 41CFR51-4.5]

[Page 55-56]

TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT

CHAPTER 51--COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY

DISABLED

PART 51-4_NONPROFIT AGENCIES--Table of Contents

Sec. 51-4.5 Violations by nonprofit agencies.

(a) Any alleged violations of these regulations by a nonprofit

agency shall be investigated by the appropriate central nonprofit agency

which shall notify the nonprofit agency concerned and afford it an

opportunity to submit a statement of facts and evidence. The central

nonprofit agency shall report its findings to the Committee, together

with its recommendation. In reviewing the case, the Committee may

request the submission of additional evidence or may conduct its own

investigation of the matter. Pending a decision by the Committee, the

central nonprofit agency concerned may be directed by the Committee to

temporarily suspend allocations to the nonprofit agency.

(b) If a nonprofit agency fails to correct its violations of these

regulations, the Committee, after affording the nonprofit agency an

opportunity to address the Committee on the matter, may terminate the

nonprofit agency's

[[Page 56]]

eligibility to participate in the JWOD Program.

[56 FR 48979, Sept. 26, 1991, as amended at 59 FR 59343, Nov. 16, 1994]