[Federal Register Volume 63, Number 64 (Friday, April 3, 1998)]
[Rules and Regulations]
[Pages 16439-16440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8778]
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COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED
41 CFR Parts 51-5, 51-6, 51-8, 51-9, and 51-10
Miscellaneous Amendments to Committee Regulations
AGENCY: Committee for Purchase From People Who Are Blind or Severely
Disabled.
ACTION: Final rule.
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SUMMARY: The Committee is making changes to its regulations to clarify
them and improve the efficiency of operation of the Committee's Javits-
Wagner-O'Day (JWOD) Program. The Committee is also making changes in
its regulations to correct its mailing address after a recent office
move.
EFFECTIVE DATE: May 4, 1998.
ADDRESSES: Committee for Purchase From People Who Are Blind or Severely
Disabled, Crystal Gateway 3, Suite 310, 1215 Jefferson Davis Highway,
Arlington, Virginia 22202-4302.
FOR FURTHER INFORMATION CONTACT: G. John Heyer (703) 603-0665. Copies
of this notice will be made available on request in computer diskette
format.
SUPPLEMENTARY INFORMATION: The Committee is amending 41 CFR 51-5.2 to
add a new paragraph (e) to its mandatory source requirement. The new
paragraph will require Government contracting activities which have
bundled JWOD services into larger contract requirements to require
their prime contractors to contract with the JWOD nonprofit agencies
for performance of those services. The provision would place the same
obligation on Government contracting activities and their prime
contractors if the Committee added a bundled service to the Procurement
List after the bundling occurred. A similar regulatory provision for
JWOD commodities appears at 41 CFR 51-5.2(c).
The Committee is also creating a provision (new 41 CFR 51-6.14) for
addition of replacement services to the Procurement List, similar to
the provision at 41 CFR 51-6.13 on replacement commodities. This new
provision is a response to service relocations which are part of
current Government downsizing initiatives.
Lastly, the Committee is amending those provisions of its
regulations which state its mailing address, as the address changed in
November 1997. The provisions appear in the Committee's Freedom of
Information Act, Privacy Act, and nondiscrimination regulations at 41
CFR Parts 51-8, 51-9, and 51-10 respectively.
Public Comments on the Proposed Rule
The Committee published the proposed rule in the Federal Register
of January 23, 1998 (63 FR 3530). No comments were received.
Accordingly, the Committee's regulations are being amended as stated in
the proposed rule.
Regulatory Flexibility Act
I certify that this revision of the Committee regulations will not
have a significant economic impact on a substantial number of small
entities because the revision clarifies program policies and does not
essentially change the impact of the regulations on small entities.
Paperwork Reduction Act
The Paperwork Reduction Act does not apply to this final rule
because it contains no new information collection or recordkeeping
requirements as defined in that Act and its regulations.
Executive Order No. 12866
The Committee has been exempted from the regulatory review
requirements of the Executive Order by the Office of Information and
Regulatory Affairs. Additionally, the final rule is not a significant
regulatory action as defined in the Executive Order.
List of Subjects in 41 CFR Parts 51-5, 51-6, 51-8, 51-9, and 51-10
41 CFR Parts 51-5 and 51-6
Government procurement, Handicapped.
41 CFR Part 51-8
Freedom of information.
41 CFR Part 51-9
Privacy.
41 CFR Part 51-10
Administrative practice and procedure, Civil rights, Equal
employment opportunity, Federal buildings and facilities, Handicapped.
For the reasons set out in the preamble, Parts 51-5, 51-6, 51-8,
51-9 and 51-10 of Title 41, Chaper 51 of the Code of Federal
Regulations are amended as follows:
1. The authority citation for Parts 51-5 and 51-6 continues to read
as follows:
Authority: 41 U.S.C. 46-48c.
PART 51-5--CONTRACTING REQUIREMENTS
2. Add new paragraph (e) to Sec. 51-5.2 to read as follows:
Sec. 51-5.2 Mandatory source requirement.
* * * * *
(e) Contracting activities procuring services which have included
within them services on the Procurement List shall require their
contractors for the larger service requirement to procure the included
Procurement List services from nonprofit agencies designated by the
Committee.
3. Revise the first sentence of paragraph (b) of Sec. 51-5.3 to
read as follows:
Sec. 51-5.3 Scope of requirement.
* * * * *
(b) For services, where an agency and location or geographic area
are listed on the Procurement List, only the service for the location
or geographic area listed must be procured from the nonprofit agency,
except as provided in Sec. 51-6.14 of this chapter. * * *
* * * * *
PART 51-6--PROCUREMENT PROCEDURES
4. Redesignate Sec. 51-6.14 as Sec. 51-6.15.
5. Add new Sec. 51-6.14 to read as follows:
Sec. 51-6.14 Replacement services.
If a service is on the Procurement List to meet the needs of a
Government entity at a specific location and the entity moves to
another location, the service at the new location is automatically
considered to be on the Procurement List if a qualified nonprofit
agency is available to provide the service at the new location, unless
the service at that location is already being provided by another
contractor. If the service at the new location is being provided by
another contractor, the
[[Page 16440]]
service will not be on the Procurement List unless the Committee adds
it as prescribed in Part 51-2 of this chapter. If another Government
entity moves into the old location, the service at that location will
remain on the Procurement List to meet the needs of the new Government
entity.
PART 51-8--PUBLIC AVAILABILITY OF AGENCY MATERIALS
6. The authority citation for Part 51-8 continues to read as
follows:
Authority: 5 U.S.C. 552.
Secs. 51-8.4 and 51-8.5 [Amended]
7. Remove the words ``Crystal Square 3, Suite 403, 1735 Jefferson
Davis Highway, Arlington, Virginia 22202-3461'' and add, in their
place, the words ``Crystal Gateway 3, Suite 310, 1215 Jefferson Davis
Highway, Arlington, Virginia 22202-4302'' in the following places:
a. Section 51-8.4; and
b. Section 51-8.5(a).
PART 51-9--PRIVACY ACT RULES
8. The authority citation for Part 51-9 continues to read as
follows:
Authority: 5 U.S.C. 552a.
Secs. 51-9.401 and 51-9.405 [Amended]
9. Remove the words ``Crystal Square 3, Suite 403, 1735 Jefferson
Davis Highway, Arlington, Virginia 22202-3461'' and add, in their
place, the words ``Crystal Gateway 3, Suite 310, 1215 Jefferson Davis
Highway, Arlington, Virginia 22202-4302'' in the following places:
a. Section 51-9.401(a); and
b. Section 51-9.405(a).
PART 51-10--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF
HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE COMMITTEE FOR
PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED
10. The authority citation for Part 51-10 continues to read as
follows:
Authority: 29 U.S.C. 794.
Sec. 51-10.170 [Amended]
11. In Secs. 51-10.170, remove the words ``Crystal Square 3, Suite
403, 1735 Jefferson Davis Highway, Arlington, Virginia 22202-3461'' and
add, in their place, the words ``Crystal Gateway 3, Suite 310, 1215
Jefferson Davis Highway, Arlington, Virginia 22202-4302'' in paragraph
(c).
Dated: March 31, 1998.
Beverly L. Milkman,
Executive Director.
[FR Doc. 98-8778 Filed 4-2-98; 8:45 am]
BILLING CODE 6353-01-P
