| Javits Wagner
O'Day Act COMMITTEE FOR PURCHASE FROM PEOPLE Sec. 512.4 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 514 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 List,
the Committee does not consider comments on proposed fair market prices
for commodities and services proposed for addition to the [56
FR 48977, Sept. 26, 1991, as amended at 59 FR 59341, Nov. 16, 1994; 62
FR 66529, Dec. 19, 1997]
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