Another Contractor Successfully Protests The Government's Attempt To Circumvent The AbilityOne Program

October marks National Disability Employment Awareness Month, celebrating the contributions of America's workers with disabilities and emphasizing supportive, inclusive employment policies and practices. One such federal program is the AbilityOne Program, derived from the Javits-Wagner-O'Day (JWOD) Act, which implements a series of rules and regulations for federal employment of individuals with severe disabilities. (See generally, 41 C.F.R. pt. 51, 48 C.F.R. Subpart 8.7) In essence, the AbilityOne Program, overseen by the AbilityOne Commission, creates a government procurement set-aside (via the Procurement List) for qualified non-profits for an identified good or service. Under the JWOD Act, and its implementing rules and regulations, goods and/or services identified on the Procurement List must be purchased from a qualified non-profit agency employing individuals with severe disabilities.