[Federal Register Volume 62, Number 187 (Friday, September 26, 1997)]
[Proposed Rules]
[Pages 50547-50549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25610]


=======================================================================
-----------------------------------------------------------------------

COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED

41 CFR Parts 51-2, 51-4, and 51-6


Miscellaneous Amendments to Committee Regulations

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

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Committee is proposing to make changes to five 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 clarify and expand earlier regulation changes and to 
eliminate unnecessary regulatory language.

DATES: Submit comments on or before November 25, 1997.

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

[[Page 50548]]

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: The Committee is proposing to amend Sec. 51-
2.4 of its regulations to clarify further that its authorizing statute, 
the JWOD Act, 41 U.S.C. 46-48c, treats addition of commodities and 
services to the Procurement List and the establishment by the Committee 
of a fair market price as two separate functions and applies the 
requirement for notice and comment rulemaking only to the addition 
function. This area was first addressed in 1994 (59 FR 59338, Nov. 16, 
1994) with the removal of fair market price from the list of 
suitability criteria for Procurement List additions, in accordance with 
a 1992 court decision, McGregor Printing Corporation v. Kemp, 802 F. 
Supp. 519, 527 (D.D.C), rev'd on other grounds, 20 F.3d 1188 (D.C. Cir. 
1994). The proposed amendment states that the Committee does not 
consider comments on proposed fair market prices for commodities and 
services proposed for addition to the Procurement List to be pertinent 
to a suitability determination. Accordingly, they will not be addressed 
when the Committee makes an addition decision. This amendment will not 
affect the ability of Government and other appropriate parties to 
comment on proposed fair market prices and price changes in connection 
with the Committee's fair market pricing process. The Committee also 
proposes to remove paragraph 51-2.4(a)(4)(C) of its regulations to 
eliminate one of two essentially redundant statements in Sec. 51-2.4 to 
the effect that the Committee considers pertinent comments when making 
its addition decisions.
    The Committee also amended paragraphs (b)(6) and (c)(1) of Sec. 51-
4.3 of its regulations in 1994 (59 FR 59343) to allow the acceptance of 
State certifications of blindness or other severe disabilities as 
documentation of disability, in additions to reports by individual 
health professionals. Many of these certifications, however, are done 
by health professionals at local governmental bodies, such as public 
schools. The proposed amendment would allow acceptance of these 
certifications.
    Paragraph (c) of Sec. 51-4.4 of the Committee's regulations permits 
nonprofit agencies participating in the JWOD Program to subcontract a 
portion of the process for providing a commodity on the Procurement 
List. The proposed amendment would extend this permission to services 
on the Procurement List, and would specify how the Committee will 
oversee routine subcontracting of a part of the production process.
    Paragraph (c) of Sec. 51-6.12 of the Committee's regulations 
requires Government contracting activities to provide a 90-day notice 
when changing the scope of work of a service on the Procurement List. 
The proposed amendment would make it clear that this notice requirement 
also applies to situations where the contracting activity converts a 
service to performance by Government personnel.
    Prior to the 1991 revision of the Committee's regulations (56 FR 
48974, Sept. 26, 1991), the matters contained in current parts 51-5 and 
51-6 were in a single part 51-5, which had a disputes provision 
applicable to the entire part of the Committee's regulations. The 
proposed amendment clarifies the disputes provision, Sec. 51-6.14, to 
state its applicability to both parts 51-5 and 51-6.

Regulatory Flexibility Act

    I certify that this proposed 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 proposed 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 proposed rule is not a 
significant regulatory action as defined in the Executive Order.

List of Subjects in 41 CFR Parts 51-2, 51-4, and 51-6

41 CFR Part 51-2

    Organization and functions (Government agencies)

41 CFR Part 51-4

    Reporting and recordkeeping requirements.

41 CFR Part 51-6

    Government procurement, Handicapped.

    For the reasons set out in the preamble, Parts 51-2, 51-4, and 51-6 
of Title 41, Chaper 51 of the Code of Federal Regulations are proposed 
to be amended as follows:
    1. The authority citation for Parts 51-2, 51-4, and 51-6 continues 
to read as follows:

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

PART 51-2--COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR 
SEVERELY DISABLED

    2. Section 51-2.4 is amended by removing paragraph (a)(4)(C) and 
adding a sentence to paragraph (b), to read as follows:


Sec. 51-2.4  Determination of suitability.

* * * * *
    (b) * * * Because the Committee's authority to establish fair 
market prices is separate from its authority to determine the 
suitability of a commodity or service for addition to the Procurement 
List, the Committee does not consider comments on proposed fair market 
prices for commodities and services proposed for addition to the 
Procurement List to be pertinent to a suitability determination.

PART 51-4--NONPROFIT AGENCIES

    3. Section 51-4.3 is amended by revising paragraphs (b)(6) and 
(c)(1), to read as follows:


Sec. 51-4.3  Maintaining qualification.

* * * * *
    (b) * * *
    (6) Maintain a file for each blind individual performing direct 
labor which contains a written report reflecting visual acuity and 
field of vision of each eye, with best correction, signed by a person 
licensed to make such an evaluation, or a certification of blindness by 
a State or local governmental entity.
* * * * *
    (c) * * *
    (1) A written report signed by a licensed physician, psychiatrist, 
or qualified psychologist, reflecting the nature and extent of the 
disability or disabilities that cause such person to qualify as a 
person with a severe disability, or a certification of the disability 
or disabilities by a State or local governmental entity.
* * * * *
    4. Section 51-4.4 is amended by revising paragraph (c), to read as 
follows:

[[Page 50549]]

Sec. 51-4.4  Subcontracting.

* * * * *
    (c) Nonprofit agencies may subcontract a portion of the process for 
producing a commodity or providing a service on the Procurement List 
provided that the portion of the process retained by the prime 
nonprofit agency generates employment for persons who are blind or have 
other severe disabilities. Subcontracting intended to be a routine part 
of the production of a commodity or provision of a service shall be 
identified to the Committee at the time the commodity or service is 
proposed for addition to the Procurement List and any significant 
changes in the extent of subcontracting must be approved in advance by 
the Committee.
* * * * *

PART 51-6--PROCUREMENT PROCEDURES

    5. Section 51-6.12 is amended by revising paragraph (c), to read as 
follows:


Sec. 51-6.12  Specification changes and similar actions.

* * * * *
    (c) For services on the Procurement List, the contracting activity 
shall notify the nonprofit agency furnishing the service and the 
central nonprofit agency concerned at least 90 days prior to the date 
that any changes in the statement of work or other conditions of 
performance will be required, including assumption of performance of 
the service by the contracting activity.
* * * * *
    6. Section 51-6.14 is revised to read as follows:


Sec. 51-6.14  Disputes.

    Disputes between a nonprofit agency and a contracting activity 
arising out of matters covered by parts 51-5 and 51-6 of this chapter 
shall be resolved, where possible, by the contracting activity and the 
nonprofit agency, with assistance from the appropriate central 
nonprofit agency. Disputes which cannot be resolved by these parties 
shall be referred to the Committee for resolution.

    Dated: September 23, 1997.
Beverly L. Milkman,
Executive Director
[FR Doc. 97-25610 Filed 9-25-97; 8:45 am]
BILLING CODE 6353-01-P