[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: 41CFR51-4.2]

[Page 53-54]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
CHAPTER 51--COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY 
                                DISABLED
 
PART 51-4_NONPROFIT AGENCIES--Table of Contents
 
Sec.  51-4.2  Initial qualification.

    (a) To qualify for participation in the JWOD Program:
    (1) A privately incorporated nonprofit agency shall submit to the 
Committee through its central nonprofit agency the following documents, 
transmitted by a letter signed by an officer of the corporation or chief 
executive:
    (i) A legible copy (preferably a photocopy) of the articles of 
incorporation showing the date of filing and the signature of an 
appropriate State official.
    (ii) A copy of the bylaws certified by an officer of the 
corporation.
    (iii) If the articles of incorporation or bylaws do not include a 
statement to the effect that no part of the net income of the nonprofit 
agency may inure to the benefit of any shareholder or other individual, 
one of the following shall be submitted:
    (A) A certified true copy of the State statute under which the 
nonprofit agency was incorporated which includes wording to the effect 
that no part of the net income of the nonprofit agency may inure to the 
benefit of any shareholder or other individual.
    (B) A copy of a resolution approved by the governing body of the 
corporation, certified by an officer of the corporation, to the effect 
that no part of the net income of the nonprofit agency may inure to the 
benefit of any shareholder or other individual.
    (2) A State-owned or State-operated nonprofit agency, or a nonprofit 
agency established or authorized by a State statute other than the State 
corporation laws and not privately incorporated, shall submit to the 
Committee through its central nonprofit agency the following documents, 
transmitted by a letter signed by an officer of the wholly-owned State 
corporation or an official of the agency that directs the operations of 
the nonprofit agency, as applicable:
    (i) A certified true copy of the State statute establishing or 
authorizing the establishment of nonprofit agency(ies) for persons who 
are blind or have other severe disabilities.
    (ii) In the case of a wholly-owned State corporation, a certified 
true copy of the corporation bylaws; and, in the case of a State or 
local government

[[Page 54]]

agency, a certified true copy of implementing regulations, operating 
procedures, notice of establishment of the nonprofit agency, or other 
similar documents.
    (b) The Committee shall review the documents submitted and, if they 
are acceptable, notify the nonprofit agency by letter, with a copy to 
its central nonprofit agency, that the Committee has verified its 
nonprofit status under the JWOD Act.
    (c) A nonprofit agency shall submit two completed copies of the 
appropriate Initial Certification (Committee Form 401 or 402) to its 
central nonprofit agency at the time designated by the Committee. This 
requirement does not apply if a nonprofit agency is already authorized 
to furnish a commodity or service under the JWOD Act.

[56 FR 48980, Sept. 26, 1991, as amended at 59 FR 59342, Nov. 16, 1994]