[Federal Register Volume 62, Number 114 (Friday, June 13, 1997)]
[Rules and Regulations]
[Pages 32236-32237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15580]



41 CFR Parts 51-3, 51-4, and 51-6

Miscellaneous Amendments to Committee Regulations

AGENCY: Committee for Purchase From People Who Are Blind or Severely 

ACTION: Final rule.


SUMMARY: The Committee is making changes to four sections of its 
regulations to clarify them and improve the efficiency of operation of 
the Committee's Javits-Wagner-O'Day (JWOD) Program. The changes are 
necessary to assure consistency with an earlier regulation change, 
eliminate an unnecessary rule, encourage more efficient contracting, 
and inform the public of a change in Committee policy on military 
resale items.

EFFECTIVE DATE: July 14, 1997.

ADDRESSES: Committee for Purchase From People Who Are Blind or Severely 
Disabled, Crystal Square 3, Suite 403, 1735 Jefferson Davis Highway, 
Arlington, Virginia 22202-3461.

FOR FURTHER INFORMATION CONTACT: G. John Heyer (703) 603-7740. Copies 
of this notice will be made available on request in computer diskette 

SUPPLEMENTARY INFORMATION: Since the Committee's regulations were last 
amended on October 20, 1995 (60 FR 54199), the Committee has noticed 
several instances where minor changes or clarifications are needed. The 
Committee has decided to make these changes in one rulemaking rather 
than individually.
    In a 1994 revision (59 FR 59342), 41 CFR 51-3.2(d), concerning the 
requirement for central nonprofit agencies to recommend to the 
Committee commodities and services for addition to the Procurement 
List, with initial fair market prices, was split into two paragraphs 
(41 CFR 51-3.2(d) and (e)) to make it consistent with the Committee's 
statute, which treats addition of commodities or services to the 
Procurement List and determination of fair market prices as two 
distinct Committee functions. However, the related provision at 41 CFR 
51-3.2(c) requiring central nonprofit agencies to obtain from Federal 
contracting activities the information needed for the Committee to 
perform these functions was not similarly divided. The change to 41 CFR 
51-3.2(c) makes this division.
    The Committee's requirements for a nonprofit agency to maintain its 
qualification to participate in the JWOD Program (41 CFR 51-4.3) 
include compliance with applicable Department of Labor (DOL) 
compensation, employment, and occupational health and safety standards 
(paragraph (b)(2)), and establishment of written procedures to 
encourage filling of vacancies within the nonprofit agency by promotion 
of qualified employees who are blind or have other severe disabilities 
(paragraph (b)(9)). Because of the dollar value of their Federal 
contracts under the JWOD Program, most JWOD nonprofit agencies are 
required by DOL employment standards promulgated under authority of 
section 503 of the Rehabilitation Act to have procedures like those 
required by paragraph (b)(9). The Committee strongly endorses the 
policies underlying these DOL employment standards. Accordingly, the 
Committee is removing paragraph (b)(9) and revise paragraph (b)(2) to 
make clear to the public that the DOL standards it mentions include the 
procedures formerly required by paragraph (b)(9).
    Commodities and services added to the Procurement List normally 
remain on it indefinitely. The Administration's reinvention of 
Government initiatives encourage the use of long-term contracts to 
minimize administrative delay and expense. The Committee is amending 
its existing regulation (41 CFR 51-6.3) on use of long-term ordering 
agreements for JWOD commodities to add a paragraph encouraging 
contracting activities to use the longest contract term available to 
them when buying commodities or services from the JWOD Program.
    The Committee's regulation on military resale commodities (41 CFR 
51-6.4) has traditionally identified the specific numbered commodity 
series to which it applies. The Committee is amending this regulation 
to include two new series which have been authorized by the Committee 
for the military resale program.

Public Comments on the Proposed Rule

    The Committee published the proposed rule in the Federal Register 
of March 27, 1997 (62 FR 14660). 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 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.

[[Page 32237]]

List of Subjects

41 CFR Parts 51-3 and 51-6

    Government procurement, Handicapped.

41 CFR Part 51-4

    Reporting and recordkeeping requirements.

    For the reasons set out in the preamble, parts 51-3, 51-4, and 51-6 
of title 41, chapter 51 of the Code of Federal Regulations are amended 
as follows:
    1. The authority citation for parts 51-3, 51-4, and 51-6 continues 
to read as follows:

    Authority: 41 U.S.C. 46-48c.


    2. Section 51-3.2 is amended by revising paragraph (c) to read as 

Sec. 51-3.2  Responsibilities under the JWOD Program.

* * * * *
    (c) Obtain from Federal contracting activities such procurement 
information as is required by the Committee to:
    (1) Determine the suitability of a commodity or service being 
recommended to the Committee for addition to the Procurement List; or
    (2) Establish an initial fair market price for a commodity or 
service or make changes in the fair market price.
* * * * *


    3. Section 51-4.3 is amended by revising paragraph (b)(2), removing 
paragraph (b)(9), and redesignating paragraph (b)(10) as (b)(9), to 
read as follows:

Sec. 51-4.3  Maintaining qualification.

* * * * *
    (b) * * *
    (2) Comply with the applicable compensation, employment, and 
occupational health and safety standards prescribed by the Secretary of 
Labor, including procedures to encourage filling of vacancies within 
the nonprofit agency by promotion of qualified employees who are blind 
or have other severe disabilities.
* * * * *


    4. Section 51-6.3 is amended by revising the section title, 
redesignating the existing text of the section as paragraph (a), and 
adding paragraph (b), to read as follows:

Sec. 51-6.3  Long-term procurements.

* * * * *
    (b) Contracting activities are encouraged to use the longest 
contract term available by law to their agencies for contracts for 
commodities and services under the JWOD Program, in order to minimize 
the time and expense devoted to formation and renewal of these 
    5. Section 51-6.4 is amended by revising the second sentence of 
paragraph (b) and paragraphs (c)(2), (c)(4), and (d) to read as 

Sec. 51-6.4  Military resale commodities.

* * * * *
    (b) * * * Authorized resale outlets may stock commercial items 
comparable to the military resale commodities they stock, except that 
military commissary stores shall stock military resale commodities in 
the 800-, 900-, and 1000- series exclusively, unless an exception has 
been granted on an individual store basis for the stocking of 
comparable commercial items for which there is a significant customer 
    (c) * * *
    (2) Require the stocking in commissary stores of military resale 
commodities in the 400-, 500-, 800-, 900-, and 1000- series in as broad 
a range as is practicable.
* * * * *
    (4) Establish policies and procedures which reserve to its agency 
headquarters the authority to grant exceptions to the exclusive 
stocking of 800-, 900-, and 1000- series military resale commod-ities.
    (d) The Defense Commissary Agency shall provide the Committee a 
copy of each directive which relates to the stocking of military resale 
commodities in commissary stores, including exceptions authorizing the 
stocking of commercial items in competition with 800-, 900-, and 1000- 
series military resale commodities.
* * * * *
    Dated: June 10, 1997.
Beverly L. Milkman,
Executive Director.
[FR Doc. 97-15580 Filed 6-12-97; 8:45 am]