[Code of Federal Regulations]
[Title 41, Volume 2]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR101-20.204]

[Page 209-210]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
          CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS
 
PART 101-20--MANAGEMENT OF BUILDINGS AND GROUNDS--Table of Contents
 
      Subpart 101-20.2--Vending Facility Program for Blind Persons
 
Sec. 101-20.204  Terms of permit.

    Every permit shall describe the location of the vending facility 
including any vending machines located on other than the facility 
premises and shall be subject to the following provisions:
    (a) The permit shall be issued in the name of the applicant State 
licensing agency which shall:
    (1) Prescribe such procedures necessary to assure that in the 
selection of vendors and employees for vending facilities there shall be 
no discrimination because of sex, race, age, creed, color, national 
origin, physical or mental disability, or political affiliation; and
    (2) Take the necessary action to assure that vendors do not 
discriminate against any persons in furnishing, or by refusing to 
furnish, to such person or persons the use of any vending facility, 
including any and all services, privileges, accommodations, and 
activities provided thereby, and comply with title VI of the Civil 
Rights Act of 1964 and GSA regulations issued pursuant thereto.
    (b) The permit shall be issued for an indefinite period of time 
subject to suspension or termination on the basis of compliance with 
agreed upon terms.
    (c) The permit shall provide that:
    (1) No charge shall be made to the State licensing agency for normal 
cleaning, maintenance, and repair of the building structure in and 
adjacent to the vending facility areas;
    (2) Cleaning necessary for sanitation, and the maintenance of 
vending facilities and vending machines in an orderly condition at all 
times, and the installation, maintenance, repair, replacement, 
servicing, and removal of vending facility equipment shall be without 
cost to GSA; and
    (3) Articles sold at vending facilities operated by blind licensees 
may consist of newspapers, periodicals, publications, confections, 
tobacco products,

[[Page 210]]

foods, beverages, chances for any lottery authorized by State law and 
conducted by an agency of a State within such State, and other articles 
or services as are determined by the State licensing agency, in 
consultation with GSA to be suitable for a particular location. Such 
articles and services may be dispensed automatically or manually and may 
be prepared on or off the premises. Public Law 104-52, Section 636, 
prohibits the sale of tobacco products in vending machines in 
Government-owned and leased space under the custody and control of GSA.
    (d) The permit shall further provide that vending facilities shall 
be operated in compliance with applicable health, sanitation, and 
building codes or ordinances.
    (e) The permit shall further provide that installation, 
modification, relocation, removal, and renovation of vending facilities 
shall be subject to the prior approval and supervision of the Director, 
Buildings Management Division, GSA, and the State licensing agency; that 
costs of relocations initiated by the State licensing agency shall be 
paid by the State licensing agency; that costs of relocations initiated 
by the Director, Buildings Management Division, shall be paid by GSA; 
and that all plumbing, electrical, and mechanical costs related to the 
renovation of existing facilities shall be paid by GSA.
    (f) The operation of a cafeteria by a blind vendor shall be covered 
by a contractual agreement and not by a permit. The State licensing 
agency shall be expected to perform under the same contractual 
arrangement applicable to commercial cafeteria operators.

[52 FR 11263, Apr. 8, 1987, as amended at 61 FR 2122, Jan. 25, 1996]