Part

97-031-73-13

the Blind (hereinafter referred to as "NIB") or any other organization, organized under the laws of the United States or of any State, operated in the interest of the blind, the net income of which does not inure in whole or in part to the benefit of any shareholder or individual and which employs blind persons to an extent constituting not less than 75 percent of the total hours of employment during the fiscal year, of all personnel engaged in the direct labor of manufacturing, assembling, or handling of all commodities by the agency for the blind (hereinafter referred to as "workshop") whether for this program or otherwise. "Direct labor" includes all work required for preparation, processing, and packing, but not supervision, administration, inspection, and shipping.

(c) "Ordering office" means any Federal department, independent establishment, board, commission, bureau, service, or division of the Government of the United States, and any wholly owned Government corporation.

(d) "Fiscal Year" means the period from July 1 of 1 year through June 30 of the next year.

(e) "Other severely handicapped individuals" means generally (other than a blind person) "any person who is so severely handicapped by any physical or mental disability that he cannot find a job in the Nation's work force."

(1) Some specific categories of severely handicapped persons are those disabled by the following:

(1) Spinal cord injury. (ii) Deafness.

(iii) Muscular dystrophy (adults). (iv) Multiple sclerosis.

(v) Developmental disability or other neurological disorders.

(vi) Severe orthopedic handicaps. (vii) Multiple disabilities.

(viii) Severe personality or behavioral disorders including psychoses and neuroses. (ix) Severe pulmonary disease. (x) Severe cardiac disorders.

The foregoing represent examples only and should not be considered as a complete list.

(2) Unusual persons even though "severely handicapped" can, and often do, find it possible to engage, and sometimes with distinction, in normal competitive employment. These persons exclude themselves from any category of "other severely handicapped." Excluded, also, are those persons who have had their conditions substantially corrected, such as a multiple amputee with artificial limbs which he has mastered sufficiently to function with a degree of normality that permits him to engage in normal competitive employment.

(3) Capability for normal competitive employment shall be determined from information developed by an on-going placement program conducted by the workshop. Such placement program shall include at least (i) a preadmission evaluation and annual review to determine each worker's capability for normal competitive employment, and (ii) maintenance of liaison with appropriate community services for the placement in such employment of any of its workers who may qualify for such placement.

(4) The staff of the committee will establish a reporting system which will require each workshop to certify, at appropriate intervals, that the criteria for severely-handicapped are being met in each instance.

[33 FR 7627, May 23, 1968, as amended at 37 FR 9774, May 17, 1972]

§ 51-1.3 Responsibilities of the Committee on Purchases of Blind-Made Products.

It is the responsibility of the Committee on Purchases of Blind-Made Products (hereinafter referred to as "the Committee") to determine which commodities are suitable for sale under the program, the fair market price thereof (including revisions as appropriate from time to time), and the applicable purchase procedures, and to make rules and regulations regarding specifications, delivery, authorization of a central nonprofit-making agency to facilitate distribution of orders among workshops, and such other relevant matters as shall be necessary to carry out the purposes of the Act of June 25, 1938.

(a) The Committee will issue to ordering offices through the Federal Supply Service, General Services Administration, a Schedule of Blind-Made Products, listing commodities which must be procured from NIB or workshops. The Schedule will include the item description, specification identification, price, and other pertinent information.

(b) The Committee will issue to ordering offices, through National Industries for the Blind, schedules of blind-made products for Department of Defense Resale Outlets. These schedules will list the commodities which must be procured from NIB or workshops, and will include item description, price, and other pertinent information.

§ 51-1.5

Responsibilities of National Industries for the Blind.

(a) National Industries for the Blind is designated as the agency to facilitate the equitable distribution of Government orders among the workshops and is delegated the responsibility to assist the Committee to assure that these regulations and the intent of the WagnerO'Day Act are carried out.

(b) NIB shall undertake the following functions and responsibilities:

(1) Issuance of allocations and clearances as provided in §§ 51–1.8 and 51-1.9.

(2) Inspection, on a continuing basis, of the workshops to determine that they operate in accordance with the requirements of the statute and the regulations in this part.

(3) Maintenance of records of all participating workshops and such necessary

data as will enable NIB to allocate orders equitably.

(4) Submission to the Committee of a comprehensive annual report for each fiscal year concerning all of its operations, including financial statements, significant accomplishments and developments, a compilation of the annual reports received from the workshops, and such other details as NIB considers appropriate or the Committee may request.

(5) Entering into contracts with the Federal Government for the furnishing to Federal ordering offices of commodities made by workshops, which commodities shall be purchased by NIB from such workshops.

§ 51-1.6 Qualification and responsibilities of workshops.

(a) In order to qualify for participation in the program as a workshop, an organization shall submit an application to NIB indicating compliance with

51-1.1(b). It shall submit with this application information regarding work force (designating those that are blind), plant facilities and equipment, administrative management, and financial support available to and in use by the agency. There should be included a list of the commodities proposed to be furnished for sale to the Government together with a certification as provided in paragraph (d) of this section. If a corporate body, it shall include copies of its articles of incorporation and bylaws; if an instrumentality of a State, it shall submit copies of State laws and related documents showing its authority and permitted activities.

(b) Within 60 days after receipt of an application for participation in the Wagner-O'Day Act Program, NIB shall inspect the facilities of the organization and make recommendation to the Committee regarding the requested participation. If the Committee approves, NIB will include the organization among workshops qualified to receive allocation or orders. If NIB considers it desirable, such organization may be permitted to participate in receiving Government orders pending approval by the Committee. Such participation may not exceed a period of 6 months without Committee approval.

(c) Workshops shall:

(1) Furnish commodities in strict accordance with the allocation and Government order.

(2) Maintain records of wages paid, hours of employment, and sales, as well as a file of certificates of vision of blind workers, copies of which shall be furnished to NIB.

(3) Make available pertinent books and records of the agency for inspection at any reasonable time to representatives of the Committee or NIB.

(4) Submit to NIB by September 1 an annual report for the preceding fiscal year. This report shall include data on blind workers, wages and wage supplements, hours of employment, sales, whether the workshop requires a sheltered workshop certificate from the U.S. Department of Labor and special minimum rates authorized where such certificate is held, and such other relevant information as may be required by the Committee or NIB.

(d) A workshop shall not be qualified to furnish a commodity for sale to the Government until NIB has ascertained that the workshop has adequate manufacturing capability.

a

Government agency for analysis. Where the analyzing agency does not concur with the recommendations, the Committee Chairman will appoint a subcommittee of three members of the Committee to consider the matter and recommend a fair market price to the Committee.

(b) Unless otherwise provided by the Committee in the notice of price change, prices in effect on the date of allocation by NIB will apply to the purchase involved. However, in no event may a change in price become effective before 15 days after the change is made by the Committee.

§ 51-1.8 Purchase procedure.

(a) Where a commodity is identified in the Schedule of Blind-Made Products as being available from Defense Supply Agency supply centers or from General Services Administration supply depots,

it shall be obtained in accordance with the requisitioning procedures of the supplying agency.

(b) Where an item is not identified in the Schedule of Blind-Made Products as available from Government supply centers or depots, the ordering office shall submit its requirements to NIB, stating the commodity description, stock number, quantity, and place and time of delivery, and request that an allocation be made. NIB shall make allocations promptly and equitably, furnish copies to the ordering office and to the workshop receiving the allocation, and direct the ordering office whether to forward the order to NIB or the workshops. An allocation is a preliminary document and is not a Government order for the commodities described.

(c) Upon receipt of an allocation, the ordering office shall promptly furnish a suitable order to NIB or the workshop, as directed by NIB. Where this cannot be done promptly the ordering office shall so advise NIB and the workshop. A Government order should allow lead time sufficient for purchase of raw materials, production and delivery. Where it does not, NIB or the workshop, depending on which agency received the order, may request an extension of the delivery date which should be granted if feasible. Where it is not feasible, the ordering office shall notify NIB or the workshop, as appropriate, and request NIB to reallocate or to issue a purchase exception for purchase from a commercial source. (See 51-1.9.) A copy of each order issued to a workshop shall be sent to NIB.

(d) Blind-made commodities may be ordered without requesting an allocation for each order provided prior arrangements have been made with NIB for sending orders for specified items to designated workshops. Copies of such orders shall be submitted to NIB by the ordering office.

(e) Requests for allocation shall be submitted to National Industries for the Blind, 50 West 44th Street, New York, N.Y. 10036.

(f) If an ordering office desires packing, packaging, or marking of products other than as provided in the Schedule of Blind-Made Products, the difference in cost thereof, if any, shall be to the account of the ordering office.

§ 51-1.9 Purchase exceptions.

An ordering office may purchase from a commercial source commodities listed

in the Schedule of Blind-Made Products in any of the following circumstances:

(a) Military necessity requires delivery within 2 weeks and NIB cannot give assurance of positive availability.

(b) When the normal source of supply is DoD or GSA and the regulations of that agency permit commercial purchase.

(c) Commodities which are procured for use outside the continental United States.

(d) When NIB has notified the ordering office that commodities listed in the request for allocation cannot be furnished within the period specified. In such cases purchase action must be taken within 15 days of receipt of notice from NIB or as may be further extended by NIB.

(a) Except as provided in § 51-1.10 (b). blind-made commodities will be delivered aboard the vehicle of the initial carrier at point of production (f.o.b. shipping point) for transportation to destination on Government bills of lading. Delivery is accomplished when a shipment is placed aboard the vehicle of the initial carrier. Time of delivery is the date shipment is released to and accepted by the transportation company. Bills of lading may accompany orders or be otherwise furnished, but they must be supplied promptly. Failure by an ordering office to furnish bills of lading promptly may result in an excusable cause for delay in delivery.

(b) Blind-made commodities sold to Department of Defense Resale Outlets will be delivered to destination. Those destined for overseas, including Alaska and Hawaii, shall be delivered to designated depots at ports of embarkation. § 51-1.11 Adjustment and cancellation of orders.

Where NIB or a workshop fails to comply with the terms of a Government order, the ordering office shall make every effort to negotiate an adjustment before taking action to cancel the order. Where a Government order is canceled for fallure to comply with its terms, NIB shall be notified, and if practicable, requested to reallocate the order.

§ 51-1.12 Violations.

Any alleged violation of these regulations shall be investigated by NIB, which shall notify the workshop concerned and

afford it an opportunity to submit a statement of facts and evidence. NIB shall report its findings to the Committee, together with its recommendations, including recommendation as to whether allocations to the workshop concerned should be suspended for a period

of time. 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, NIB may temporarily suspend allocations to the workshop concerned.