2026-08392Proposed RuleSignificantWallet

AbilityOne Tweaks Fees and Subs: Bureaucracy Gets a Makeover

Published Date: 4/30/2026

Proposed Rule

Summary

The AbilityOne Program is updating its rules to make sure central nonprofit agencies get written permission before charging fees and to make subcontracting easier and less complicated. These changes help nonprofits work smoother and faster while following the law. If you’re involved with AbilityOne, get ready to share your thoughts by June 1, 2026!

Analyzed Economic Effects

7 provisions identified: 4 benefits, 1 costs, 2 mixed.

Fee base excludes subcontracted work

Program fees must be calculated based on the dollar value of nonprofit agency sales to the Federal Government, but the calculation must exclude the value or costs of any subcontracted part of the commodity or service unless the Committee allows it. The Commission reiterates the fee ceiling remains set by the Committee; the rule background notes the current program fee ceiling has been 3.75% since 2020.

Subcontracting must protect employment goals

The rule clarifies that subcontracting is allowed only when it complements employment prospects or career development for individuals who are blind or have significant disabilities, or when it meets niche or specialized contract needs; subcontracting may not be used to avoid the statutory 75% direct labor hour ratio requirement. The change is meant to ensure subcontracting does not diminish the Program's employment mission.

New de minimis subcontracting thresholds

The proposal creates de minimis thresholds that limit when NPAs must notify or get Commission approval: subcontracting to for-profit entities above 10% of the government order value for products or above 25% of direct labor hours for services requires Commission notification and approval. Subcontracting below those levels generally requires only notification, and ad hoc nonroutine subcontracting below those levels is exempt from notification and approval.

Authorized NPA subcontractors keep mandatory rights

The proposed rule affirms that when an authorized NPA serves as a subcontractor, it retains the same Program mandatory-source rights and obligations as any other authorized source; it may not be replaced without coordinating with the CNA and the Commission. This preserves the NPA's position as a required source under the Procurement List when it is directed to serve as a subcontractor.

CNAs must sign cooperative agreements

The rule would require central nonprofit agencies (CNAs) to enter into a cooperative agreement with the AbilityOne Commission, governed by 31 U.S.C. chapter 63 and 2 CFR part 200, before they may collect program fees. The regulation also states the program fee is an allowable expense included in the Fair Market Price and the final federal contract price.

Limits on fee collection after CNA termination

The proposed rule prohibits a CNA from collecting program fees if its designation is severed or its cooperative agreement with the Commission expires, but it allows collection of fees that accrued before the termination or expiration. This means CNAs cannot start collecting new fees after losing designation or after an agreement ends, though pre‑existing accrued fees remain collectible.

CNAs may charge fees when acting as prime

The proposed rule allows a CNA that serves as the prime contractor to collect a program fee from a nonprofit agency subcontractor when the NPA is the authorized source for a Procurement List requirement, unless the CNA's administrative or indirect costs were already negotiated into the contract price. In other cases where the CNA performs substantial contract management, the CNA is expected to capture costs through normal contract negotiations rather than a separate fee.

Your PRIA Score

Score Hidden

Personalized for You

How does this regulation affect your finances?

Sign up for a PRIA Policy Scan to see your personalized alignment score for this federal register document and every other regulation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.

Free to start

Key Dates

Published Date
Comments Due
4/30/2026
6/1/2026

Department and Agencies

Department
Independent Agency
Agency
Committee for Purchase From People Who Are Blind or Severely Disabled
Source: View HTML

Related Federal Register Documents

Previous / Next Documents

Back to Federal Register