41 Cfr 51-4.3

41 CFR 51-4.3 (up to date as of 10/09/2024)
Maintaining qualification.

41 CFR 51-4.3 (Oct. 9, 2024)

This content is from the eCFR and is authoritative but unofficial.

Title 41 —Public Contracts and Property Management
Subtitle B —Other Provisions Relating to Public Contracts
Chapter 51 —Committee for Purchase from People Who Are Blind or Severely Disabled
Part 51-4 —Nonprofit Agencies
Authority: 41 U.S.C. 46-48c.
Source: 56 FR 48980, Sept. 26, 1991, unless otherwise noted.

§ 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 § 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 Ability One 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 review 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.

41 CFR 51-4.3(b)(8) (enhanced display)

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41 CFR 51-4.3 (up to date as of 10/09/2024)
Maintaining qualification.

41 CFR 51-4.3(b)(9)

(9) Upon receipt of payment by the Government for commodities or services furnished under the Ability
One Program, pay to the central nonprofit agency a fee which meets the requirements of § 51-3.5 of
this chapter.
(10) Certify the nonprofit agency will not use wage certificates authorized under section 14(c) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 214(c)) to employees on any contract or subcontract under
the AbilityOne Program.
(c) Each nonprofit agency employing persons with severe disabilities participating in the AbilityOne 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.
(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 §§ 51-4.2 and 51-4.3 and the recordkeeping requirements of §
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:

Committee form

OMB control 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; 71 FR 68494, Nov. 27, 2006; 73 FR 28043, May 15, 2008; 87 FR 43433,
July 21, 2022]

41 CFR 51-4.3(d) (enhanced display)

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