Applicability of the Javits-Wagner-O'Day Act
The Commission is the independent federal agency that administers the AbilityOne® Program. The Javits-Wagner-O'Day Act refers to "any entity of the government." It is the Commission's policy that all federal departments, agencies and corporations fall under the jurisdiction of the Javits-Wagner-O'Day Act unless they can clearly show otherwise based upon the definitions below.
41 U.S.C. §48
"If any entity of the government intends to procure any commodity or service on the Procurement List, that entity shall, in accordance with rules and regulations of the Committee, procure such commodity or service, at the price established by the Committee, from a qualified nonprofit agency for the blind or such an agency for other significantly handicapped.
41 U.S.C. §48 b.(7)
The terms "government" and "entity of the government" include any entity of the legislative branch or the judicial branch, any executive agency or military department (as such agency and department are respectively defined by sections 102 and 105 of Title 5), the United States Postal Service, and any non-appropriated fund instrumentality under the jurisdiction of the Armed Forces.
Sections 101 through 105 of Title 5 U.S.C.
5 U.S.C. §101. Executive Departments
The Department of State.
5 U.S.C. §102. Military Departments
The Department of the Army.
5 U.S.C. §103. Government Corporation
(1) "government corporation" means a corporation owned or controlled by the government of the United States; and
5 U.S.C. §104. Independent Establishment
(1) an establishment in the executive branch (other than the United States Postal Service or the Postal Rate Commission) which is not an Executive department, military department, government corporation, or part thereof, or part of an independent establishment; and
5 U.S.C. §105. Executive Agency
Pursuant to Chapter 91 of Title 31 U.S.C., the Committee has determined that all wholly owned government corporations clearly fall under the jurisdiction of the Javits-Wagner-O'Day Act. With respect to mixed-ownership Government Corporations, the Committee makes case-by-case determinations based upon the mixed-ownership Government Corporation's statute.
Chapter 91 of Title 31 (31 U.S.C. §9101.) Definitions
In this chapter--
(1) "government corporation" means a mixed-ownership government corporation and a wholly owned government corporation.
(2) "mixed-ownership government corporation" means--
Note: When the Committee determines that based upon the law establishing a mixed-ownership government corporation, it is not clear that said corporation must abide by the Javits-Wagner-O'Day Act, the corporation remains eligible to voluntarily purchase AbilityOne supplies and/or services. Such entities supporting socio-economic goals would likely choose to support the AbilityOne Program. Examples--Smithsonian Institution, Securities and Exchange Commission, and the Federal Reserve Board.