[Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30663]


[Federal Register: December 28, 1994]


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DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 8 and 9

[FAC 90-23; FAR Case 93-610; Item VI]
RIN 9000-AF92


Federal Acquisition Regulation; Procurement From People Who Are 
Blind or Severely Disabled

AGENCIES: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council have agreed on a final rule that amends 
the Federal Acquisition Regulation (FAR) to reflect changes in the 
regulations of the Committee for Purchase from People Who Are Blind or 
Severely Disabled. Changes are also made in other sections of the FAR 
which mention the Committee's program. This regulatory action was not 
subject to Office of Management and Budget review under Executive Order 
12866, dated September 30, 1993.

EFFECTIVE DATE: February 27, 1995.

FOR FURTHER INFORMATION CONTACT: Ms. Shirley Scott at (202) 501-0168 in 
reference to this FAR case. For general information, contact the FAR 
Secretariat, Room 4037, GS Building, Washington, DC 20405 (202) 501-
4755. Please cite FAC 90-23, FAR case 93-610.

SUPPLEMENTARY INFORMATION

A. Background

    Extensive changes in 1991 to the regulations governing procurement 
from the blind and severely disabled, and legislation in 1992 (Section 
911(a) of Public Law 102-569, 106 Stat. 4486) changing the name of the 
Committee for Purchase From People Who Are Blind or Severely Disabled 
have made FAR Subpart 8.7 and other FAR references to the Committee's 
program outdated. FAR Subpart 8.7 also is revised to reflect a change 
in the Committee's method of distributing its Procurement List.
    The intent of the Committee in revising its regulations was to 
clarify them to reflect actual practice in its program and terminology 
now being used by the community the program serves. Similar terminology 
changes have been made by other Government agencies and private 
organizations in the disability field. For example, the terms 
``workshop'' and ``severely handicapped'', which appeared in the former 
Committee regulations and the FAR, are now considered offensive in the 
disability community and have been replaced in the revised Committee 
regulations by ``nonprofit agency'' (the statutory term) and ``people 
with severe disabilities,'' respectively.
    A statute, 41 U.S.C. 48 requires Federal agencies intending to 
procure supplies and services on the Procurement List to do so in 
accordance with the Committee's regulations. FAR Subpart 8.7 
incorporates into the FAR those provisions of the Committee's 
regulations most relevant to Government procurement personnel.

B. Regulatory Flexibility Act

    This final rule implements the Committee for Purchase from People 
Who Are Blind or Severely Disabled 1991 regulatory revisions published 
in the Federal Register at 56 FR 48974, September 26, 1991, and the 
statutory change in the Committee's name. The Committee certified in 
its 1991 final rule that the revisions to its regulation, which are the 
basis of this final rule, will not have a significant economic impact 
on a substantial number of small entities because they do not 
essentially change the impact of the Committee regulations upon small 
entities.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the final rule 
does not impose recordkeeping information collection requirements or 
collection of information from offerors, contractors, or members of the 
public which require the approval of the Office of Management and 
Budget under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 8 and 9

    Government procurement.

    Dated: December 7, 1994.
Albert A. Vicchiolla,
Director, Office of Federal Acquisition Policy.

    Therefore, 48 CFR parts 8 and 9 are amended as set forth below:
    1. The authority citation for 48 CFR parts 8 and 9 continues to 
read as follows:

    Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES

    2. Section 8.001 paragraphs (a)(1)(iv) and (a)(2)(i) are revised to 
read as follows:


8.001  Priorities for use of Government supply sources.

    (a) * * *
    (1) * * *
    (iv) Products available from the Committee for Purchase from People 
Who Are Blind or Severely Disabled (see subpart 8.7);
* * * * *
    (2) * * *
    (i) Services available from the Committee for Purchase from People 
Who Are Blind or Severely Disabled (see subpart 8.7);
* * * * *
    3. Section 8.603 is amended by revising paragraph (a) to read as 
follows:


8.603  Purchase priorities.

    (a) FPI and nonprofit agencies participating in the Javits-Wagner-
O'Day (JWOD) Program (see subpart 8.7) may produce identical supplies 
or services. When this occurs, ordering offices shall purchase supplies 
and services in the following priorities:
    (1) Supplies:
    (i) Federal Prison Industries, Inc. (41 U.S.C. 48).
    (ii) JWOD participating nonprofit agencies.
    (iii) Commercial sources.
    (2) Services:
    (i) JWOD participating nonprofit agencies.
    (ii) Federal Prison Industries, Inc., or commercial sources.
* * * * *
    4. Subpart 8.7 is amended by revising the heading and sections 
8.700 through 8.703 to read as follows:

Subpart 8.7--Acquisition from Nonprofit Agencies Employing People 
Who Are Blind or Severely Disabled


8.700  Scope of subpart.

    This subpart prescribes the policies and procedures for 
implementing the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c), referred 
to in this subpart as ``the JWOD Act,'' and the rules of the Committee 
for Purchase from People Who Are Blind or Severely Disabled (41 CFR 
chapter 51).


8.701  Definitions.

    Allocation, as used in this subpart, means an action taken by a 
central nonprofit agency to designate the JWOD participating nonprofit 
agencies that will furnish definite quantities of supplies or perform 
specific services upon receipt of orders from ordering offices.
    Central nonprofit agency, as used in this subpart, means National 
Industries for the Blind (NIB), which has been designated to represent 
people who are blind; or NISH, which has been designated to represent 
JWOD participating nonprofit agencies serving people with severe 
disabilities other than blindness.
    Committee, as used in this subpart, means the Committee for 
Purchase from People Who Are Blind or Severely Disabled.
    Government or entity of the Government means any entity of the 
legislative or judicial branch, any executive agency, military 
department, Government corporation, or independent establishment, the 
U.S. Postal Service, or any nonappropriated-fund instrumentality of the 
Armed Forces.
    Ordering office means any activity in an entity of the Government 
that places orders for the purchase of supplies or services under the 
JWOD Program.
    Procurement List, as used in this subpart, means a list of supplies 
(including military resale commodities) and services that the Committee 
has determined are suitable for purchase by the Government under the 
Javits-Wagner-O'Day Act.
    Nonprofit agency serving people who are blind or nonprofit agency 
serving people with other severe disabilities (referred to jointly as 
JWOD participating nonprofit agencies) means a qualified nonprofit 
agency employing people who are blind or have other severe disabilities 
approved by the Committee to furnish a commodity or a service to the 
Government under the Act.


8.702  General.

    The Committee is an independent Government activity with members 
appointed by the President of the United States. It is responsible 
for--
    (a) Determining those supplies and services to be purchased by all 
entities of the Government from JWOD participating nonprofit agencies;
    (b) Establishing prices for the supplies and services; and
    (c) Establishing rules and regulations to implement the JWOD Act.


8.703  Procurement list.

    The Committee maintains a Procurement List of all supplies and 
services required to be purchased from JWOD participating nonprofit 
agencies. Questions concerning whether a supply item or service is on 
the Procurement List should be referred to the Committee offices at the 
following address and telephone number: Committee for Purchase from 
People Who Are Blind or Severely Disabled, Crystal Square 3, Room 403, 
1735 Jefferson Davis Highway, Arlington, VA 22202-3461, (703) 603-7740.
    Many items on the Procurement List are identified in the General 
Services Administration (GSA) Supply Catalog and GSA's Customer Service 
Center Catalogs with a black square and the words ``NIB/NISH Mandatory 
Source,'' and in similar catalogs issued by the Defense Logistics 
Agency (DLA) and the Department of Veterans Affairs (VA). GSA, DLA, and 
VA are central supply agencies from which other Federal agencies are 
required to purchase certain supply items on the Procurement List.
    5. Section 8.704 is amended by revising the first sentence in 
paragraph (a), paragraph (a)(1)(ii), (a)(2)(i), and in paragraph (c) by 
removing the word ``workshops'' and inserting ``JWOD participating 
nonprofit agencies'' in its place to read as follows:


8.704  Purchase priorities.

    (a) The JWOD Act requires the Government to purchase supplies or 
services on the Procurement List, at prices established by the 
Committee, from JWOD participating nonprofit agencies if they are 
available within the period required. * * *
    (1) * * *
    (ii) JWOD participating nonprofit agencies.
* * * * *
    (2) * * *
    (i) JWOD participating nonprofit agencies.
* * * * *
    6. Section 8.705-1(a) is revised to read as follows:


8.705-1  General.

    (a) Ordering offices shall obtain supplies and services on the 
Procurement List from the central nonprofit agency or its designated 
JWOD participating nonprofit agencies, except that supplies identified 
on the Procurement List as available from DLA, GSA, or VA supply 
distribution facilities shall be obtained through DLA, GSA, or VA 
procedures. If a distribution facility cannot provide the supplies, it 
shall inform the ordering office, which shall then order from the JWOD 
participating nonprofit agency designated by the Committee.
* * * * *
    7. Section 8.705-4 is amended by revising paragraph (c), and in 
paragraph (d) by removing the amount ``$2,500'' and inserting 
``$25,000'' to read as follows:


8.705-4  Compliance with orders.

* * * * *
    (c) When a JWOD participating nonprofit agency fails to perform 
under the terms of an order, the ordering office shall make every 
effort to resolve the noncompliance with the nonprofit agency involved 
and to negotiate an adjustment before taking action to cancel the 
order. If the problem cannot be resolved with the nonprofit agency, the 
ordering office shall refer the matter for resolution first to the 
central nonprofit agency and then, if necessary, to the Committee.
* * * * *
    8. Section 8.706 is amended in paragraph (a) by removing the word 
``listed''; and by revising paragraph (b)(1) to read as follows:


8.706  Purchase exceptions.

* * * * *
    (b) * * *
    (1) The JWOD participating nonprofit agencies cannot provide the 
supplies or services within the time required, and commercial sources 
can provide them significantly sooner in the quantities required; or
* * * * *
    9. Section 8.707 is amended by revising the first sentence of 
paragraph (a) to read as follows:


8.707  Prices.

    (a) The prices of items on the Procurement List are fair market 
prices established by the Committee. * * *
* * * * *
    10. Section 8.708 is amended by revising paragraph (d) to read as 
follows:


8.708  Shipping.

* * * * *
    (d) JWOD participating nonprofit agencies shall include 
transportation costs for small shipments paid by the nonprofit agencies 
as an item on the invoice. The ordering office shall reimburse the 
nonprofit agencies for these costs.
    11. Section 8.709 is revised to read as follows:


8.709  Payments.

    The ordering office shall make payments for supplies or services on 
the Procurement List within 30 days after shipment or after receipt of 
a proper invoice or voucher.
    12. Section 8.711 is amended by revising paragraphs (a)(1) and 
(a)(2) to read as follows:


8.711  Quality complaints.

    (a) * * *
    (1) For supplies received from DLA supply centers, GSA supply 
distribution facilities, or Department of Veterans Affairs distribution 
division, notify the supplying agency.
    (2) For supplies or services received from JWOD participating 
nonprofit agencies, address complaints to the individual nonprofit 
agency involved, with a copy to the appropriate central nonprofit 
agency.
* * * * *
    13. Section 8.712 is amended by revising paragraph (a) to read as 
follows:


8.712  Specification changes.

    (a) The contracting activity shall notify the JWOD participating 
nonprofit agency and appropriate central nonprofit agency of any change 
in specifications or descriptions. In the absence of such written 
notification, the JWOD participating nonprofit agency shall furnish the 
supplies or services under the specification or description cited in 
the order.
* * * * *
    14. Section 8.714 is revised to read as follows:


Sec. 8.714  Communications with the central nonprofit agencies and the 
Committee.

    (a) The addresses of the central nonprofit agencies are:

(1) National Industries for the Blind, 1901 N. Beauregard St., Suite 
200, Alexandria, VA 22311-1727, (703) 998-0770; and
(2) NISH, 2235 Cedar Lane, Vienna, VA 22182-5200, (703) 560-6800.

    (b) Any matter requiring referral to the Committee shall be 
addressed to the Executive Director of the Committee at 1735 Jefferson-
Davis Highway, Crystal Square 3, Suite 403, Arlington, VA 22202-3461.
    15. Section 8.715 is amended by revising the first sentence to read 
as follows:


Sec. 8.715  Replacement commodities.

    When a commodity on the Procurement List is replaced by another 
commodity which has not been previously acquired, and a qualified JWOD 
participating nonprofit agency can furnish the replacement commodity in 
accordance with the Government's quality standards and delivery 
schedules and at a fair market price, the replacement commodity is 
automatically on the Procurement List and shall be acquired from the 
JWOD participating nonprofit agency designated by the Committee.* * *

Subpart 8.7 [Amended]

    16. In addition to the amendments set forth above, Subpart 8.7 is 
further amended in the list below. For each section listed in the left 
column, remove the word indicated in the middle column and insert the 
words indicated in the right column:

------------------------------------------------------------------------
          Section                Remove                 Insert          
------------------------------------------------------------------------
8.705-1(b)................  ``workshops''...  ``JWOD participating      
                                               nonprofit agency''       
8.705-2, first sentence...  ``workshop''....  ``JWOD participating      
                                               nonprofit agency''       
8.705-2, third sentence...  ``workshop''....  ``nonprofit agency''      
8.705-3(a), first sentence  ``workshop''....  ``JWOD participating      
                                               nonprofit agency''       
8.705-3(a), second          ``workshop''....  ``nonprofit agency''      
 sentence.                                                              
8.705-3(c), first sentence  ``workshop''....  ``JWOD participating      
                                               nonprofit agency''       
8.705-4(a)................  ``workshops''...  ``JWOD participating      
                                               nonprofit agencies''     
8.705-4(b)................  ``workshop''....  ``JWOD participating      
                                               nonprofit agency''       
8.706(b)(2)...............  ``workshops''...  ``JWOD participating      
                                               nonprofit agencies''     
8.707(d), first sentence..  ``workshop''....  ``JWOD participating      
                                               nonprofit agency''       
8.707(d), second sentence.  ``workshop''....  ``JWOD participating      
                                               nonprofit agency''       
8.707(e), first sentence..  ``workshop's''..  ``nonprofit agency's''    
8.707(e), second sentence.  ``workshop''....  ``nonprofit agency''      
8.710, introductory text..  ``workshops''...  ``JWOD participating      
                                               nonprofit agencies''     
8.711(b)..................  ``workshop''....  ``JWOD participating      
                                               nonprofit agency''       
8.712(c)..................  ``workshop''....  ``JWOD participating      
                                               nonprofit agency''       
8.712(d)..................  ``workshop''....  ``JWOD participating      
                                               nonprofit agency''       
8.713(a)..................  ``workshop''....  ``JWOD participating      
                                               nonprofit agency''       
8.713(b)..................  ``workshops''...  ``JWOD participating      
                                               nonprofit agencies''     
------------------------------------------------------------------------

PART 9--CONTRACTOR QUALIFICATIONS

    17. Section 9.107 is revised to read as follows:


Sec. 9.107  Surveys of nonprofit agencies serving people who are blind 
or have other severe disabilities under the Javits-Wagner-O'Day (JWOD) 
Program.

    (a) The Committee for Purchase From People Who Are Blind or 
Severely Disabled (Committee), as authorized by 41 U.S.C. 46-48c, 
determines what supplies and services Federal agencies are required to 
purchase from JWOD participating nonprofit agencies serving people who 
are blind or have other severe disabilities (see subpart 8.7). The 
Committee is required to find a JWOD participating nonprofit agency 
capable of furnishing the supplies or services before the nonprofit 
agency can be designated as a mandatory source under the JWOD Program. 
The Committee may request a contracting office to assist in assessing 
the capabilities of a nonprofit agency.
    (b) The contracting office, upon request from the Committee, shall 
request a capability survey from the activity responsible for 
performing preaward surveys, or notify the Committee that the JWOD 
participating nonprofit agency is capable, with supporting rationale, 
and that the survey is waived. The capability survey will focus on the 
technical and production capabilities and applicable preaward survey 
elements to furnish specific supplies or services being considered for 
addition to the Procurement List.
    (c) The contracting office shall use the Standard Form 1403 to 
request a capability survey of organizations employing people who are 
blind or have other severe disabilities.
    (d) The contracting office shall furnish a copy of the completed 
survey, or notice that the JWOD participating nonprofit agency is 
capable and the survey is waived, to the Executive Director, Committee 
for Purchase from People Who Are Blind or Severely Disabled.

[FR Doc. 94-30663 Filed 12-27-94; 8:45 am]
BILLING CODE 6820-34-P