[Code of Federal Regulations]
[Title 41, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR51-2.4]

[Page 49]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
CHAPTER 51--COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY 
                                DISABLED
 
PART 51-2_COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY 
DISABLED--Table of Contents
 
Sec.  51-2.4  Determination of suitability.

    (a) For a commodity or service to be suitable for addition to the 
Procurement List, each of the following criteria must be satisfied:
    (1) Employment potential. The proposed addition must demonstrate a 
potential to generate employment for persons who are blind or have other 
severe disabilities.
    (2) Nonprofit agency qualifications. The nonprofit agency (or 
agencies) proposing to furnish the item must qualify as a nonprofit 
agency serving persons who are blind or have other severe disabilities, 
as set forth in part 51-4 of this chapter.
    (3) Capability. The nonprofit agency (or agencies) desiring to 
furnish a commodity or service under the JWOD Program must satisfy the 
Committee as to the extent of the labor operations to be performed and 
that it will have the capability to meet Government quality standards 
and delivery schedules by the time it assumes responsibility for 
supplying the Government.
    (4) Level of impact on the current contractor for the commodity or 
service. (i) In deciding whether or not a proposed addition to the 
Procurement List is likely to have a severe adverse impact on the 
current contractor for the specific commodity or service, the Committee 
gives particular attention to:
    (A) The possible impact on the contractor's total sales, including 
the sales of affiliated companies and parent corporations. In addition, 
the Committee considers the effects of previous Committee actions.
    (B) Whether that contractor has been a continuous supplier to the 
Government of the specific commodity or service proposed for addition 
and is, therefore, more dependent on the income from such sales to the 
Government.
    (ii) If there is not a current contract for the commodity or service 
being proposed for addition to the Procurement List, the Committee may 
consider the most recent contractor to furnish the item to the 
Government as the current contractor for the purpose of determining the 
level of impact.
    (b) In determining the suitability of a commodity or service for 
addition to the Procurement List, the Committee also considers other 
information it deems pertinent, including comments on a proposal 
published in the Federal Register to add the commodity or service to the 
Procurement List and information submitted by Government personnel and 
interested persons. Because the Committee's authority to establish fair 
market prices is separate from its authority to determine the 
suitability of a commodity or service for addition to the Procurement 
List, the Committee does not consider comments on proposed fair market 
prices for commodities and services proposed for addition to the 
Procurement List to be pertinent to a suitability determination.

[56 FR 48977, Sept. 26, 1991, as amended at 59 FR 59341, Nov. 16, 1994; 
62 FR 66529, Dec. 19, 1997]