Subject: Contracting with Employers of Persons with Disabilities

Defense AT&L, July-August, 2005 by Deidre A. Lee

OFFICE OF THE UNDER SECRETARY OF DEFENSE

3000 DEFENSE PENTAGON

WASHINGTON, D.C. 20301-3000

FEB 23, 2005

MEMORANDUM FOR DIRECTORS OF THE DEFENSE AGENCIES

DEPUTY ASSISTANT SECRETARY OF THE ARMY (POLICY AND PROCUREMENT), ASA(ALT)

DEPUTY ASSISTANT SECRETARY OF THE NAVY (ACQUISITION MANAGEMENT), ASN(RDA)

DEPUTY ASSISTANT SECRETARY OF THE AIR FORCE (CONTRACTING), SAF/AQC

DEPUTY DIRECTOR FOR LOGISTICS (DLA)

DIRECTOR, ADMINISTRATION AND MANAGEMENT

DIRECTOR, ARMY CONTRACTING AGENCY

[ILLUSTRATION OMITTED]

SUBJECT: Contracting with Employers of Persons with Disabilities

The purpose of this memorandum is to bring to your attention a recently enacted statutory provision that prescribes whether the Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq., JWOD) or the Randolph-Sheppard Act (R-SA) (20 U.S.C. 107 et seq.) applies to certain contracts for the operation of all or any part of a military mess hall, military troop dining facility, or any similar dining facility operated for the purpose of providing meals to members of the Armed Forces. The R-SA requires that a priority be given to blind persons licensed by a State agency for the operation of vending facilities on Federal property. The JWOD Act requires Government agencies to purchase selected products and services from qualified nonprofit agencies employing people who are blind or otherwise severely disabled.

Section 853 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Pub. L. No. 108-375) repeals section 852 of the National Defense Authorization Act for Fiscal Year 2004 (Pub. L. No. 108-136) and protects the status quo for contracts awarded to either a JWOD source or to an R-SA State licensing agency if the contract was entered into before September 30, 2005, and either is in effect on September 30, 2005, or was in effect on November 24, 2003. A copy of section 853 is attached.

If you have any questions regarding the Department's policies or procedures for doing business in accordance with the R-SA and the JWOD Act, please contact Ms. Susan Schneider at (703) 614-4840.

Attachment:

As stated

Editor's note: View the attachment to this memorandum at <http://www.acq.osd.mil/dpap/policy/policyvault/policy_1.htm>.

Deidre A. Lee

Director, Defense Procurement and Acquisition Policy