March 14, 2024
Kimberly M. Zeich
Executive Director
United States AbilityOne Commission
355 E Street, SW, Suite 325
Washington, DC 20024
RE: Feedback on Draft Policy 51.401
Dear Ms. Zeich:
The National Federation of the Blind, the nation’s transformative membership and advocacy organization of blind Americans, appreciates the opportunity to provide a response to Public Feedback Draft Policy 51.401 AbilityOne Program NPA Entry Qualifications. In the National Federation of the Blind, we often share that “of” is the most important word in our name, because we are a movement of elected blind leaders representing our members and all blind people in the United States. From the instant of our beginning in 1940, we have fought tirelessly to eliminate the discriminatory practice of paying disabled people less than the minimum or prevailing wage through 14(c) certificates. Therefore, we commend the AbilityOne commission for prohibiting this discriminatory practice and declaring that no nonprofit agency (NPA) may use a 14(c) certificate on any contract or subcontract tied to a procurement list contract or subcontract. This sends the message to blind and disabled Americans that your contributions matter, that your efforts will be rewarded, and that you hold a place of value in our world, the same as any other member of our society. The AbilityOne Commission is also transmitting the resonating message to qualified nonprofit agencies that the era of discrimination against disabled employees is over.
We appreciate the members of the AbilityOne Commission for standing behind blind and disabled Americans. This begs the question, is the AbilityOne Commission doing everything possible to disincentivize 14(c) certificate holders from benefiting from AbilityOne contracts? The short answer to this question is no. More could be done, and we should be working to completely close the door on 14(c) certificates.
We believe that the AbilityOne Commission should prohibit new nonprofit agencies that hold a 14(c) certificate, for any purpose, from becoming a qualified nonprofit agency. This change could easily be accomplished by editing the language in Policy 51.401, Section 6(c). Striking “If the NPA does, or intends to, pay commensurate wages outside the Program, it must have a Department of Labor certificate in its own name”, and replacing it with language affirming that a new nonprofit agency holding a 14(c) certificate is disqualified from entering the AbilityOne program would demonstrate that the Commission is taking a firm stand on the use of 14(c) certificates. Furthermore, we would like to see the AbilityOne Commission establish a firm deadline for the complete disqualification of any qualified nonprofit agency holding a 14(c) certificate. We believe that three years is a reasonable time limit for this proposed phase out.
The prohibition of new nonprofit agencies holding 14(c) certificates and phasing out qualified nonprofit agencies holding 14(c) certificates effectively communicates that discrimination on the basis of disability will not be tolerated. Imagine how you would feel, if you were a blind employee working for a National Industries for the Blind qualified nonprofit agency possessing the knowledge that you are being paid a prevailing wage, however the nonprofit that employs you is also employing other blind and disabled people and paying them subminimum wages, all under the same physical, or corporate roof. Would it be possible for you to truly believe that this qualified nonprofit agency has your best interests in mind, as a disabled person? We certainly would not feel that level of trust. Furthermore, new nonprofit agencies seeking entry to the AbilityOne Program must hear the message that the AbilityOne Commission does not tolerate any discriminatory practices by qualified nonprofits, even if those discriminatory practices lay outside of the scope of the AbilityOne Program.
In summary, the National Federation of the Blind applauds the AbilityOne Commission modernization effort and the elimination of 14(c) contracts in the AbilityOne Program. We urge the AbilityOne Commission to continue advancing this effort by barring new nonprofit agencies from entering the AbilityOne Program if they hold a 14(c) certificate. Additionally, we encourage the AbilityOne Commission to establish a firm deadline for the removal of any remaining nonprofit agencies wishing to continue using 14(c) certificates outside of the scope of the AbilityOne Program.
We appreciate the opportunity to provide comments on this draft policy. If you have any questions, I can be reached by telephone at 410-659-9314, or by email at [email protected].
Sincerely,
Mark A. Riccobono, President
National Federation of the Blind