Commission Issues Compliance Policy 51.407 and Procedure 51.407-01 Governing “Qualification Assessments and Enforcement Actions”

WASHINGTON, D.C., October 11, 2024 – The U.S. AbilityOne Commission today issued Compliance Policy 51.407, “Qualification Assessments and Enforcement Actions,” and its associated Procedure 51.407-01, which together continue the Commission’s modernization of AbilityOne Program compliance in accordance with the agency’s Strategic Plan for FY 2022-2026.

This policy describes the rules and procedures governing nonprofit agency (NPA) qualification assessments overseen by the Commission and conducted by the Commission or the Central Nonprofit Agencies (CNAs).

The policy also describes the administrative status and/or enforcement actions that may be prescribed by the Commission if NPAs are found out of compliance with AbilityOne Program requirements.

This action finalizes draft versions of Policy 51.407 and Procedure 51.407-01 that the Commission issued for public feedback on June 7, 2024. Issuing such drafts is part of the wide-ranging stakeholder engagement the Commission has conducted, both within and beyond the AbilityOne Program, while modernizing compliance with the Program. The final policy and procedure reflect changes made in response to comments received.

The effective date of both policy and procedure is January 1, 2025. The Commission will continue its dialogue with Program stakeholders as this policy is implemented.

Establishing clear requirements for compliance with the Program is essential for modernization of the Program and for good governance. Policy 51.407, together with the six compliance policies the Commission revised and published in FY 2024, establishes the necessary framework for an effective Program that provides good jobs for people who are blind or have significant disabilities.

Commission Issues Policy 51.406, Rights of Participating Employees

WASHINGTON, D.C., September 9, 2024 – The U.S. AbilityOne Commission today issued Compliance Policy 51.406, “Rights of Participating Employees,” which continues the Commission’s modernization of AbilityOne Program compliance in accordance with the agency’s strategic plan.

Effective Jan. 1, 2025, the policy affirms that participating employees are entitled to the same legal protections as other employees performing the same or similar work, are subject to the same legal standards, and shall enjoy equal access to employment benefits.

The policy also sets forth a mechanism for responding to and monitoring complaints that might be conveyed directly to the Commission or one of its designated Central Nonprofit Agencies.

The policy finalizes a draft version of Policy 51.406 that the Commission issued for public feedback on June 7, 2024. Issuing such drafts is part of the wide-ranging stakeholder engagement the Commission has conducted, both within and beyond the AbilityOne Program, while modernizing the Program.

Commission Issues Four Compliance Policies

WASHINGTON, D.C., August 2, 2024 – The U.S. AbilityOne Commission today issued four compliance policies as part of its continuing focus on modernizing AbilityOne Program compliance to align with the agency’s strategic plan.

Policy 51.401: AbilityOne Program Nonprofit Agency Entry Qualifications

This policy sets forth the qualifications required for a nonprofit agency (NPA) to enter the AbilityOne Program. This policy is effective today.

Policy 51.402: Qualified Nonprofit Agency Requirements

This policy prescribes the qualification requirements for NPAs to participate in the AbilityOne Program, and responsibilities of the Central Nonprofit Agencies (CNAs) in monitoring and assisting NPAs in meeting the qualifications. This policy is effective on October 1, 2024.

Policy 51.403: Determining Eligibility of Participating Employees

This policy prescribes the documentation required for an NPA to evaluate eligibility and count individuals towards the direct labor hour ratio of individuals who are blind and/or have significant disabilities in the workforce of an NPA in order for the NPA to be qualified to participate in the AbilityOne Program. It also sets forth the record-keeping responsibilities of an NPA; the review and evaluation responsibilities of a CNA; and the oversight and quality assurance monitoring responsibilities of the Commission.

This policy is effective today. It reflects minor clarifications made by the Commission to the earlier version of this policy issued in November 2023 and effective January 1, 2024.

Policy 51.404: Direct Labor Hour Ratio Requirements

This policy prescribes the requirements to satisfy the overall direct labor hour ratio in order for an NPA to be qualified to participate in the AbilityOne Program. It also sets forth the documentation requirements and record-keeping responsibilities of an NPA, the review and evaluation responsibilities of a CNA, and the oversight responsibilities of the Commission.

This policy is effective on October 1, 2024.

As part of developing these and other policies, the Commission conducts wide-ranging stakeholder engagement both within and beyond the AbilityOne Program, including publishing drafts on the Commission website for public feedback.

Commission Requests Public Feedback by July 12, 2024, on Draft Compliance Policies 51.406 and 51.407, and Draft Procedure 51.407-01

WASHINGTON, D.C., June 7, 2024 – As part of the U.S. AbilityOne Commission’s continuing modernization of compliance policies for the AbilityOne Program, the Commission today issued the following documents for public feedback:

Draft Policy 51.406: Covered Employee Rights, Mandatory Disclosures, Reporting Procedures, and Follow-Up Actions. This policy describes the rights of every covered employee, provides a framework detailing the process and procedure for reporting and acting on allegations of rights violations, and establishes the requirements for nonprofit agencies’ (NPAs’) mandatory disclosures to the Central Nonprofit Agencies (CNAs) and the Commission.

Draft Policy 51.407: Qualification Assessments and Enforcement Actions. This policy describes the rules and procedures governing NPA qualification assessments overseen by the Commission and conducted by the Commission or the CNAs.

This policy also describes the administrative status and/or enforcement actions that may be prescribed by the Commission if NPAs are found out of compliance with AbilityOne Program requirements.

Draft Procedure 51.407-01: Qualification Assessments and Enforcement Actions Standard Procedures. This policy describes the rules and procedures governing NPA qualification assessments overseen by the Commission and conducted by the Commission or the CNAs.

This policy also describes the administrative status and/or enforcement actions that may be prescribed by the Commission if NPAs are found out of compliance with AbilityOne Program requirements.

The Commission requests feedback be sent to policy@abilityone.gov no later than July 12, 2024. The agency looks forward to engaging with stakeholders on the draft policies.

The drafts are part of the Commission’s continuing focus on aligning with the agency’s strategic plan.

Commission Proposes Two Updated Forms for Collecting Data from Nonprofit Agencies

WASHINGTON, D.C., May 2, 2024 – As part of implementing the U.S. AbilityOne Commission FY 2022-2026 Strategic Plan, the agency today proposed two updated forms that streamline the collection of necessary compliance data about employees participating in the AbilityOne Program. The proposed forms are expected to produce a net reduction in the time burden for AbilityOne nonprofit agencies required to report this information.

The proposed forms are posted on the Commission website, and the associated Federal Register notices will be published on May 3, 2024. The forms are published in accordance with regulations that implement provisions of the Paperwork Reduction Act, providing an opportunity to interested members of the public and affected agencies to comment on the data collection forms and to suggest improvements. The Federal Register notices on May 3, 2024, initiate a 60-day comment period. Comments may be submitted to the Commission via www.regulations.gov through July 1, 2024.

Participating Employee Information (PEI) Form: This form replaces part of the agency’s existing Individual Eligibility Evaluation (IEE) form for reporting employee information

The PEI form supports a streamlined collection of data from nonprofit agencies to maintain qualification to participate in the AbilityOne Program. This data collection is associated with the annual employee evaluations required by the Commission’s regulation at 41 C.F.R. 51-4.3(b)(7) and 51-4.3(c)(2). The data is necessary to ensure the integrity and further the mission of the AbilityOne Program.

This form will provide data on matters such as the nature of participating employees’ disabilities, the significant job supports and accommodations that the participating employees receive, and a description of employee career development activities that are available to participating employees, if a nonprofit agency is currently providing such activities.

Annual Representations and Certifications (AR&C) Form: This form updates the existing “Representations and Certifications Form” which documents a nonprofit agency’s compliance with AbilityOne Program qualification standards and reports other aggregate data pertinent to the Commission’s oversight of nonprofit agencies participating in the Program.

The AR&C form is necessary to verify a nonprofit agency’s compliance with Program requirements, such as the direct labor hour ratio requirement, as well as to provide information regarding a nonprofit agency’s effective performance in meeting the AbilityOne Program’s mission.

As announced on November 17, 2023, the Commission is in the process of developing a proposed Participating Employee Eligibility form that a nonprofit agency employer will fill out to document its determination of an individual’s eligibility to be a participating employee in the Program.

In combination, the Participating Employee Eligibility form announced on November 17, 2023, and the Participating Employee Information form announced today will simplify and standardize the process and information required by the Commission’s current Individual Eligibility Evaluation (IEE) form, while maintaining the Commission’s compliance standards. These forms support the Commission’s strategic plan and update its approach to determining eligibility for participating employees.

Participating Employee Information Form and Federal Register Notice

Annual Representations and Certifications Form and Federal Register Notice

Commission Requests Public Feedback by March 14, 2024, on Draft Compliance Policies 51.401, 51.402, and 51.404

WASHINGTON, D.C., February 12, 2024 – As part of the U.S. AbilityOne Commission’s continuing modernization of compliance policies for the AbilityOne Program, the Commission today issued draft policies 51.401, 51.402, and 51.404 for public feedback.

The Commission requests feedback be sent to policy@abilityone.gov no later than March 14, 2024. The agency looks forward to engaging with stakeholders on the draft policies. 

Compared to existing compliance policies, certain draft compliance policies include changes in title and/or numbering to reflect changes in policy purpose and sequence. 

The table below includes differences between the existing and draft policies.

Draft Policies	Existing Policies	Updates in Draft Policies
51.401 - AbilityOne Program Nonprofit Agency Entry Qualifications	51.402 - Initial Qualification of Nonprofit Agencies (March 22, 2013)	Draft policy changes the numbering from 51.402 to 51.401 and adds the qualification requirement that the nonprofit agency (NPA) will not pay subminimum wages on AbilityOne contracts (a requirement now in Commission regulations, CFR 51-4).
51.402 - AbilityOne Program Qualification Requirements for Nonprofit Agencies and Associated Responsibilities of the Central Nonprofit Agencies	51.409 - Maintaining Qualification of Nonprofit Agencies (August 15, 2020)	Draft policy changes policy name as well as numbering (from 51.409 to 51.402). Draft policy explains the central nonprofit agencies’ enhanced role in conducting compliance reviews of NPAs. Draft policy remains similar to the existing policy on maintaining qualification of NPAs (a topic also covered in the Commission’s regulations, CFR 51-4).
51.404 - Direct Labor Hour Ratio Requirements	51.401 – Direct Labor Hour Ratio Requirements (August 15, 2020)	Draft policy changes the policy numbering from 51.401 to 51.404, is more streamlined, and provides less procedural detail than the existing policy.

The drafts are part of the Commission’s continuing focus on aligning with the agency’s strategic plan.

U.S. AbilityOne Commission
Issues Two Compliance Policies, Invites Feedback on Proposed Participating Employee Eligibility Form

WASHINGTON, D.C., November 17, 2023 – As part of implementing the U.S. AbilityOne Commission strategic plan, the agency today issued two updated compliance policies and announced a proposed Participating Employee Eligibility form.

The policies – which take effect on January 1, 2024 – finalize drafts previously issued for public feedback. The Commission considered all feedback, and met with stakeholders in the AbilityOne Program and disability community as part of updating these policies.

The Commission will continue to engage with stakeholders about implementing the policies.

Policy 51.400 – AbilityOne Commission Compliance Program – Sets forth the compliance approach of the Commission for nonprofit agencies (NPAs) participating in the AbilityOne Program. It identifies the obligations of the Central Nonprofit Agencies (CNAs) to perform oversight of the NPAs and strengthens the control that the Commission will exercise over the CNAs’ compliance activities.

Policy 51.403 – Determining Eligibility of Participating Employees – Prescribes the requirements an NPA must meet to count individuals toward the direct labor hour (DLH) ratio of individuals who are blind and/or have significant disabilities in the workforce of an NPA in order for the NPA to be qualified to participate in the AbilityOne Program.

Policy 51.403 also sets forth the documentation requirements and record-keeping responsibilities of an NPA; the review and evaluation responsibilities of a CNA; and the oversight and quality-assurance monitoring responsibilities of the Commission.

Proposed Participating Employee Eligibility Form

In addition, the Commission published a Federal Register notice announcing the agency’s intent to submit an Information Collection Request to the Office of Management and Budget for approval under the Paperwork Reduction Act.

The notice also provides an opportunity for public feedback on a proposed Participating Employee Eligibility form that an AbilityOne-participating NPA employer will fill out to document its determination of an individual’s eligibility to be a participating employee in the AbilityOne Program.

This proposed form simplifies and standardizes the process and information required by the Commission’s current Individual Eligibility Evaluation (IEE) form, while maintaining the Commission’s standards. By accepting certifications provided by other government agencies, the proposed form streamlines documentation requirements for qualified individuals to become employees working on AbilityOne contracts.

The proposed form is the first of two forms intended to modernize the existing IEE form, and aligns it with the Commission’s strategic plan and updated approach to determining eligibility for participating employees. The Commission is continuing to develop the second form and plans to issue it for public feedback in 2024.

U.S. AbilityOne Commission
Extends Deadline to April 24, 2023,
for Public Feedback on Updated Versions of
Draft Compliance Policies

April 7, 2023 – The U.S. AbilityOne Commission has extended the deadline to April 24, 2023, for public feedback on the three draft compliance policies that the agency issued in updated versions on April 5, 2023.

The Commission requests that feedback be sent to policy@abilityone.gov.

To facilitate stakeholder review, the following are “compare documents” that show differences between the January drafts and the April 5 versions:

Policy 51.400 Document Comparison - Jan draft vs Apr 5 2023 draft

Policy 51.403 Document Comparison - Jan draft vs Apr 5 2023 draft

Policy 51.405 Document Comparison - Jan draft vs Apr 5 2023 draft

U.S. AbilityOne Commission
Releases Updated Versions of Draft Compliance
Policies Issued on January 27, 2023

April 5, 2023 – The U.S. AbilityOne Commission today released updated versions of the three draft compliance policies previously issued on January 27, 2023.

51.400 - AbilityOne Commission Compliance Program (updated April 5, 2023)

51.403 - Documentation of Initial Evaluation Eligibility on the Basis of Blindness or Significant Disability (updated April 5, 2023)

51.405 - Job Customizations, Person-Centered Employment Plans, and Career Advancement Programs (updated April 5, 2023)

The deadline for public feedback on these draft policies remains April 14, 2023. For details on the draft compliance policies, and the Commission’s modernization of nonprofit agency (NPA) compliance to align with Program requirements, please see the Commission’s statement of January 27, 2023, below.

U.S. AbilityOne Commission
Releases Draft Compliance Policies
for Public Feedback

January 27, 2023 – The U.S. AbilityOne Commission’s strategic plan emphasizes expanding good and optimal jobs within the Program, achieving quality contract performance, and maintaining effective governance and results.

One of the pillars of that plan is modernizing the oversight of nonprofit agency (NPA) compliance to align with Program requirements.

As a step in that modernization, the Commission released three new draft compliance policies on January 27, 2023, for public feedback.

51.400 - AbilityOne Commission Compliance Program (updated January 30, 2023)

51.403 - Documentation of Initial Evaluation Eligibility on the Basis of Blindness or Significant Disability

51.405 - Job Customizations, Person-Centered Employment Plans, and Career Advancement Programs

The Commission requests that feedback be submitted to policy@abilityone.gov no later than Friday, April 14, 2023.

Once finalized, these new compliance policies will require a fundamental shift for Commission staff, NPAs, Central Nonprofit Agencies (CNAs), and stakeholders.

Therefore, on February 1, 2023, the Commission will pause routine traditional compliance reviews to consider public feedback, retrain staff, develop updated compliance materials for the NPA community, and ensure that the Commission, the NPAs, and the CNAs are in full alignment in the area of compliance.

While ongoing reporting and corrective actions will continue, the Commission will limit inspections to critical issues during this pause.

“Over the last two years, the Commission has rebuilt its compliance team, brought in new leadership, and conducted a review of nearly all NPAs in the Program,” said Jeffrey A. Koses, Commission Chairperson. “We’ve learned a lot from those reviews, from the insights of our employees, and from our dialogue with NPAs and stakeholders.

“Through this process, we recognized areas where we can better leverage work done by other Federal agencies, and highlighted opportunities to align inspections to our strategic plan.

"What we learned informed the drafting of the updated compliance policies released today. Now is the right time to refocus compliance as part of our strategic initiatives to modernize and enhance AbilityOne.”

The pause for purposes of refocusing compliance is expected to conclude before the end of FY 2023.

The Commission’s direction and approach to oversight and compliance were discussed at the Commission’s quarterly public meeting on January 31, 2023.