[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR395.33]

[Page 476]
 
                           TITLE 34--EDUCATION
 
              CHAPTER III--OFFICE OF SPECIAL EDUCATION AND
            REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION
 
PART 395--VENDING FACILITY PROGRAM FOR THE BLIND ON FEDERAL AND OTHER PROPERTY--Table of Contents
 
                 Subpart C--Federal Property Management
 
Sec. 395.33  Operation of cafeterias by blind vendors.

    (a) Priority in the operation of cafeterias by blind vendors on 
Federal property shall be afforded when the Secretary determines, on an 
individual basis, and after consultation with the appropriate property 
managing department, agency, or instrumentality, that such operation can 
be provided at a reasonable cost, with food of a high quality comparable 
to that currently provided employees, whether by contract or otherwise. 
Such operation shall be expected to provide maximum employment 
opportunities to blind vendors to the greatest extent possible.
    (b) In order to establish the ability of blind vendors to operate a 
cafeteria in such a manner as to provide food service at comparable cost 
and of comparable high quality as that available from other providers of 
cafeteria services, the appropriate State licensing agency shall be 
invited to respond to solicitations for offers when a cafeteria contract 
is contemplated by the appropriate property managing department, agency, 
or instrumentality. Such solicitations for offers shall establish 
criteria under which all responses will be judged. Such criteria may 
include sanitation practices, personnel, staffing, menu pricing and 
portion sizes, menu variety, budget and accounting practices. If the 
proposal received from the State licensing agency is judged to be within 
a competitive range and has been ranked among those proposals which have 
a reasonable chance of being selected for final award, the property 
managing department, agency, or instrumentality shall consult with the 
Secretary as required under paragraph (a) of this section. If the State 
licensing agency is dissatisfied with an action taken relative to its 
proposal, it may file a complaint with the Secretary under the 
provisions of Sec. 395.37.
    (c) All contracts or other existing arrangements pertaining to the 
operation of cafeterias on Federal property not covered by contract 
with, or by permits issued to, State licensing agencies shall be 
renegotiated subsequent to the effective date of this part on or before 
the expiration of such contracts or other arrangements pursuant to the 
provisions of this section.
    (d) Notwithstanding the requirements of paragraphs (a) and (b) of 
this section, Federal property managing departments, agencies, and 
instrumentalities may afford priority in the operation of cafeterias by 
blind vendors on Federal property through direct negotiations with State 
licensing agencies whenever such department, agency, or instrumentality 
determines, on an individual basis, that such operation can be provided 
at a reasonable cost, with food of a high quality comparable to that 
currently provided employees: Provided, however, That the provisions of 
paragraphs (a) and (b) of this section shall apply in the event that the 
negotiations authorized by this paragraph do not result in a contract.

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