[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] ======================================================================= ----------------------------------------------------------------------- COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED 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 Disabled. 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 format. 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. PART 51-3--CENTRAL NONPROFIT AGENCIES 2. Section 51-3.2 is amended by revising paragraph (c) to read as follows: 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. * * * * * PART 51-4--NONPROFIT AGENCIES 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. * * * * * PART 51-6--PROCUREMENT PROCEDURES 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 contracts. 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 follows: 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 demand. (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] BILLING CODE 6353-01-P