41 C.F.R. PART 51–3—CENTRAL NONPROFIT AGENCIES
Title 41 - Public Contracts and Property Management
Authority: 41 U.S.C. 46–48c.
Source: 56 FR 48979, Sept. 26, 1991, unless otherwise noted.
Under the provisions of section 2(c) of the JWOD Act, the following are currently designated central nonprofit agencies: (a) To represent nonprofit agencies for the blind: National Industries for the Blind. (b) To represent nonprofit agencies employing persons with other severe disabilities: NISH. Each central nonprofit agency shall: (a) Represent its participating nonprofit agencies in dealing with the Committee under the JWOD Act. (b) Evaluate the qualifications and capabilities of its nonprofit agencies and provide the Committee with pertinent data concerning its nonprofit agencies, their status as qualified nonprofit agencies, their manufacturing or service capabilities, and other information concerning them required by the Committee. (c) Obtain from Federal contracting activities such procurement information as is required by the Committee to: (1) Determine the suitability of a commodity or service being recommended to the Committee for addition to the Procurement List; or (2) Establish an initial fair market price for a commodity or service or make changes in the fair market price. (d) Recommend to the Committee, with the supporting information required by Committee procedures, suitable commodities or services for procurement from its nonprofit agencies. (e) Recommend to the Committee, with the supporting information required by Committee procedures, initial fair market prices for commodities or services proposed for addition to the Procurement List. (f) Distribute within the policy guidelines of the Committee (by direct allocation, subcontract, or any other means) orders from Government activities among its nonprofit agencies. (g) Maintain the necessary records and data on its nonprofit agencies to enable it to allocate orders equitably. (h) Oversee and assist its nonprofit agencies to insure contract compliance in furnishing a commodity or a service. (i) As market conditions change, recommend price changes with appropriate justification for assigned commodities or services on the Procurement List. (j) Monitor and inspect the activities of its nonprofit agencies to ensure compliance with the JWOD Act and appropriate regulations. (k) When authorized by the Committee, enter into contracts with Federal contracting activities for the furnishing of commodities or services provided by its nonprofit agencies. (l) At the time designated by the Committee, submit a completed, original copy of the appropriate Initial Certification (Committee Form 401 or 402) for the nonprofit agency concerned. This requirement does not apply to a nonprofit agency that is already authorized to furnish a commodity or service under the JWOD Act. (m) Review and forward to the Committee by December 1 of each year a completed original copy of the appropriate Annual Certification (Committee Form 403 or 404) for each of its participating nonprofit agencies covering the fiscal year ending the preceding September 30. (n) Perform other JWOD administrative functions, including activities to increase Government and public awareness of the JWOD Act subject to the oversight of the Committee. [56 FR 48979, Sept. 26, 1991, as amended at 59 FR 59342, Nov. 16, 1994; 62 FR 32237, June 13, 1997; 68 FR 53684, Sept. 12, 2003] (a) The central nonprofit agencies shall determine by mutual agreement the assignment to one of them of a commodity or service for the purpose of evaluating its potential for possible future addition to the Procurement List, except that the Committee shall initially assign a commodity to National Industries for the Blind when NISH has expressed an interest in the commodity and National Industries for the Blind has exercised the blind priority. (b) NISH shall provide National Industries for the Blind with procurement information necessary for a decision to exercise or waive the blind priority when it requests a decision. National Industries for the Blind shall normally notify NISH of its decision within 30 days, but not later than 60 days after receipt of the procurement information, unless the two central nonprofit agencies agree to an extension of time for the decision. Disagreements on extensions shall be referred to the Committee for resolution. (c) If National Industries for the Blind exercises the blind priority for a commodity, it shall immediately notify the Committee and NISH and shall submit to the Committee a proposal to add the commodity to the Procurement List within nine months of the notification, unless the Committee extends the assignment period because of delays beyond the control of National Industries for the Blind. Upon expiration of the assignment period, the Committee shall reassign the commodity to NISH. (d) The central nonprofit agency assigned a commodity shall obtain a decision from Federal Prison Industries on the exercise or waiver of its priority and shall submit the procurement information required by Federal Prison Industries when it requests the decision. Federal Prison Industries shall normally notify the central nonprofit agency of its decision within 30 days, but not later than 60 days after receipt of the procurement information, unless it agrees with the central nonprofit agency on an extension of time for the decision. The central nonprofit agency shall refer a disagreement over an extension to the Committee for resolution with Federal Prison Industries. (e) The central nonprofit agency shall provide the Committee the decision of Federal Prison Industries on the waiver or exercise of its priority when it requests the addition of the commodity to the Procurement List. NISH shall also provide the decision of National Industries for the Blind waiving its priority. [59 FR 59342, Nov. 16, 1994] Central nonprofit agencies shall distribute orders from the Government only to nonprofit agencies which the Committee has approved to furnish the specific commodity or service. When the Committee has approved two or more nonprofit agencies to furnish a specific commodity or service, the central nonprofit agency shall distribute orders among those nonprofit agencies in a fair and equitable manner. [56 FR 48979, Sept. 26, 1991; 56 FR 64002, Dec. 6, 1991] A central nonprofit agency may charge fees to nonprofit agencies for facilitating their participation in the JWOD Program. Fees shall be calculated based on nonprofit agency sales to the Government under the JWOD Program. Fees shall not exceed the fee limit approved by the Committee. Any information, other than that contained in the Annual Certification required by §51–4.3(a) of this chapter, which a central nonprofit agency requires its nonprofit agencies to submit on an annual basis, shall be requested separately from the Annual Certification. If the information is being sought in response to a request by the Committee, nonprofit agencies shall be advised of that fact and the central nonprofit agency shall, prior to distribution, provide to the Committee a copy of each form which it plans to use to obtain such information from its nonprofit agencies.
Title 41: Public Contracts and Property Management
PART 51–3—CENTRAL NONPROFIT AGENCIES
Section Contents
§ 51-3.1 General.
§ 51-3.2 Responsibilities under the JWOD Program.
§ 51-3.3 Assignment of commodity or service.
§ 51-3.4 Distribution of orders.
§ 51-3.5 Fees.
§ 51-3.6 Reports to central nonprofit agencies.
§ 51-3.1 General.
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§ 51-3.2 Responsibilities under the JWOD Program.
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§ 51-3.3 Assignment of commodity or service.
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§ 51-3.4 Distribution of orders.
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§ 51-3.5 Fees.
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§ 51-3.6 Reports to central nonprofit agencies.
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