Questions Government Agencies Often Ask Wisconsin BEP
Here are some answers to the questions government agencies most
frequently ask about using BEP-provided services. For general
questions about the BEP, also check our
FAQ page under Resources.
- What does the law say about the BEP, and what does it really mean?
- What constitutes a vending facility?
- How do we determine if Wisconsin BEP can or will service a location?
Adopted by Congress in 1936, the Randolph-Sheppard Act grants a right
of first refusal to blind business managers to operate vending machines,
snack bars and gift shops on Federal property. In 1974, Congress
formally expanded the scope of the Act to include federal cafeterias.
Most state legislatures--including Wisconsin's--have adopted a "Mini
Randolph-Sheppard Act" which provides a similar right in state, county,
and municipal buildings.
It is clear that the Wisconsin State Legislature intended for operators
licensed by Wisconsin BEP to have the opportunity to manage and
operate food service facilities in buildings owned or leased by the state
or local governments. A copy of the law and the DWD regulations are
available on this web site.
The law specifically states that DWD "shall
offer blind persons first right to operate these businesses." This
right of first refusal grants a priority status that applies to any new
building being constructed or leased by a state or local government
entity. It also applies if there is going to be a change in the
current arrangements for food service. In other words, if there is a
contract in place, Wisconsin BEP must be given an opportunity to
exercise its priority when the contract expires.
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Section 2.12 of the Wisconsin Administrative Code states, "No other
concession stand or vending machines may be operated in state office
buildings and facilities." A vending facility would include:
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If you are in need of services, you should contact Kent Walser at the
Wisconsin BEP. They will conduct a formal survey to determine
interest and to ascertain what type of service might be appropriate.
The survey will take into consideration the number of potential customers,
vicinity competition, available space and other factors.
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Clearly, the federal and state laws are strong, and they present
Wisconsin BEP with a wonderful opportunity to create employment for
persons who are legally blind. The law gets us in the door of
government buildings. It is then up to us to perform.
Last Revised:
09/29/05.
