[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