5108.12-90-1 Randolph-Sheppard Consultation Submission Requirements
This document provides procedures for the Army “consultation” required under 34 C.F.R. § 395.33(a) and (b).
Satisfactory Sites: April 28, 2016 Letter to Congressman Jolly
This letter provides clarification of satisfactory sites as outlined in 34 CFR §395.31.
FFY 2023 Report of Vending Facility Program (RSA-15)
State licensing agencies (SLAs) under the Randolph-Sheppard Act (Act) are required annually to complete the Report of Vending Facility Program (RSA-15) that reports activities for the prior Federal fiscal year (FFY). The intent of the RSA-15 is to collect data on all vending facilities managed and operated by the SLA under the Act.
For FFY 2023, the reporting period is October 1, 2022 through September 30, 2023, and the deadline to submit this report is December 29, 2023. RSA will begin collecting the RSA-15 in the RSAMIS on October 11, 2023.
The report itself has no changes, but some of the instructions have changed due to the OMB equipment exception (2022-21751 Federal Register Notice Published). RSA will hold a training to review the changes and respond to questions on November 9, 2023, at 2:00PM Eastern.
Application and Permit for the Establishment of a Vending Facility on Federal Property
This application and permit for the establishment of a vending facility on Federal property, as authorized by the Randolph-Sheppard Act, includes the following attachments and appendices: Attachment A: Satisfactory Site Location; Attachment B: Facility Drawings; Attachment C: Types of Articles Sold and Serviced; Attachment D: List of Equipment and Fixtures; Attachment E: Vending Machines; Attachment F: Hours of Operation Schedule; Attachment G: Other Terms and Conditions; Attachment H: GSA and SLA Resolution Process; Appendix A: Executive Order 13658 Contracts Clause; and Appendix B: Executive Order 13706 Contracts Clause.
AbilityOne/RSA Memorandum of Understanding
RSA and the Committee for Purchase From People Who Are Blind or Severely Disabled (operating as the U.S. AbilityOne Commission) agree to work together to increase communication and understanding between the agencies regarding which opportunities are appropriate for persons who are blind to operate vending facilities under the Randolph-Sheppard Act and which are appropriate for placement on the Procurement List under the Javits-Wagner-O’Day Act. Furthermore, AbilityOne and RSA agree to work together to expand entrepreneurial and other employment-related opportunities for individuals who are blind or who have significant disabilities.
Employment outcomes and entrepreneurial opportunities for individuals who are blind or who have significant disabilities can be improved through a closer working relationship between AbilityOne and RSA. This Memorandum of Understanding (MOU), executed on January 19, 2021, establishes the framework for AbilityOne and RSA to work more closely together and to encourage their respective stakeholders to also work cooperatively together to promote improved services and entrepreneurial and employment opportunities to their mutual participants. The definitions, published on June 1, 2021 as an appendix, are pertinent to this agreement that will facilitate both clearer communication and adherence to the agreement.
On August 26, 2021, RSA and the U.S. AbilityOne Commission held a webinar to provide an overview of the Randolph-Sheppard Vending Facility and AbilityOne programs and details related to the MOU that describes how RSA and the U.S. AbilityOne Commission have agreed to work together to increase communication and understanding between the agencies regarding which opportunities are appropriate for persons who are blind to operate vending facilities under the Randolph-Sheppard Act and which are appropriate for placement on the Procurement List under the Javits-Wagner-O’Day Act. A video recording of the webinar is available here.
On May 9, 2022, RSA and the U.S. AbilityOne Commission published a questions and answers document that responds to questions posed during the August 26, 2021, webinar regarding the MOU.
Report to Congress
On December 21, 2020, RSA transmitted the report on the Randolph-Sheppard Vending Facility Program authorized by the Randolph-Sheppard Act of 1936 to the Committees on Appropriations, pursuant to the congressional explanatory statement to the fiscal year 2020 Further Consolidated Appropriations Act (Pub. L. No. 116-94), signed into law on December 20, 2019. This report summarizes RSA’s progress in the convening of arbitration panels in a timely manner, the review and approval of State licensing agencies’ (SLA) policy changes, and RSA’s work with SLAs to approve routine expenditures, including prior approval requests, associated with the program. The report also describes the technical assistance RSA provided to SLAs and blind vendors.
Appeal of Arbitration Decision Letter
On November 23, 2020, RSA responded to Department of the Army’s appeal of the arbitration panel decision in Oklahoma Department of Rehabilitation Services v. Department of the Army, Fort Sill (Case No. R-S/18-9) via this letter. Under the Randolph-Sheppard Act, there is no right to appeal an adverse arbitration decision to the Secretary of Education. Judicial review in Federal district court is available to aggrieved persons as defined in the Administrative Procedure Act.
Appellate Court Decisions
On August 30, 2022, the U.S. Court of Appeals for the Ninth Circuit issued a decision in the state of Hawaii, Department of Human Services, Division of Vocational Rehabilitation, Hoopono-Services for the Blind v. the U.S. Department of Education and the U.S. Department of the Army (Nos. 21-16242 and 21-16323).
On January 25, 2021, the U.S. Court of Appeals for the Sixth Circuit issued a decision in State of Ohio, Opportunities for Ohioans with Disabilities, Bureau of Services of Visually Impaired, Business Enterprise Program v. U.S. Department of Education (No. 19-3397).
On September 22, 2020, the U.S. Court of Appeals for the Fourth Circuit issued a decision in State of Kansas, by and through the Kansas Department for Children and Families vs. Source America; Lakeview Center, Inc., and United States Department of Education, United States Department of the Army, and United States Department of Defense (No. 19-1452).
On August 31, 2020, the U.S. Court of Appeals for the Fifth Circuit issued a decision in Texas Workforce Commission vs. United States Department of Education Rehabilitation Services Administration (No. 19-50283).
Operation of Vending Facilities Letter
On March 5, 2018, U.S. Secretary of Education Betsy DeVos sent a letter to Representative Pete Sessions related to the Randolph-Sheppard Act and the operation of vending facilities on Federal property.