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Compliance Policy Modernization 2023-2024

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 51.400AbilityOne 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 51.403Determining 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.

 

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