Alleges Violation of Federal Transparency Laws and Regulations
The National Federation of the Blind (NFB) filed suit against the US AbilityOne Commission, which oversees a federal program that is supposed to advance work opportunities for the blind and other Americans with disabilities.
The lawsuit alleges that AbilityOne violated the Administrative Procedure Act and federal grantmaking and contracting laws when it designated the American Foundation for the Blind (AFB) as a “central nonprofit agency” (CNA) in the AbilityOne program and signed a long-term agreement with AFB. The Administrative Procedure Act requires federal agencies to give public notice and an opportunity for public comment before making changes to their programs and the requirements for federal grants and contracts require competitive procedures to ensure the most qualified bidders are able to apply.
Without notice and comment or any opportunity for other bidders to apply, AbilityOne made AFB a third CNA as of July 26, 2018. The National Federation of the Blind is challenging this action and asking the federal court to reverse it. If it had been apprised of the opportunity, the NFB would have bid on the contract to become a CNA with the goal of leveraging the power of its fifty thousand members, its nearly eight decades of experience representing the interests of blind workers, and its three affiliated rehabilitation training centers, to move the AbilityOne program toward the full participation of blind people in competitive integrated employment, including new and emerging industries that pay prevailing wages, offer opportunities for advancement, and provide required accommodations and new technologies.
Eve Hill and Emily Levenson are representing the NFB.