[Federal Register Volume 69, Number 117 (Friday, June 18, 2004)]
[Rules and Regulations]
[Pages 34229-34230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13620]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 8 and 52

[FAC 2001-24; FAR Case 2003-013; Item III]
RIN 9000-AJ82


Federal Acquisition Regulation; Procurement Lists

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 (Councils) have agreed on a final rule 
amending the Federal Acquisition Regulation (FAR) to clarify the point 
that the Javits-Wagner-O'Day (JWOD) program becomes a mandatory source 
when the supplies or services have been added to the Procurement List 
maintained by the Committee for Purchase From People Who Are Blind or 
Severely Disabled. The rule also updates the address for the Committee 
for Purchase From People Who Are Blind or Severely Disabled.

DATES: Effective Date: July 19, 2004.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat at (202) 501-4755 
for information pertaining to status or publication schedules. For 
clarification of content, contact Ms. Linda Nelson, Procurement 
Analyst, at (202) 501-1900. Please cite FAC 2001-24, FAR case 2003-013. 
The TTY Federal Relay Number for further information is 1-800-877-8973.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule amends the FAR to clarify that the Javits-Wagner-
O'Day (JWOD) program becomes a mandatory source of supplies and 
services when the supplies or services have been added to the 
Procurement List maintained by the Committee for Purchase From People 
Who Are Blind or Severely Disabled (the Committee). A Web site for the 
``Procurement List'' is added, and the address for the Committee has 
also been updated. These changes are necessary to correct confusion and 
avoid misuse of mandatory source authority.
    DoD, GSA, and NASA published a proposed rule in the Federal 
Register at 68 FR 69262, December 11, 2003. One source, the 
International Safety Equipment Association (ISEA), submitted comments 
on the proposed rule. The Councils concluded that the proposed rule 
should be converted to a final rule, with only an editorial change at 
FAR 8.714 to update address information and a clarification at FAR 
clause 52.208-9. A summary of the comments and the disposition follows:
    Comment: The respondent recommended that a new provision be added 
to FAR 8.002 exempting personal protective equipment from requirements 
of that part.
    Response: The Councils do not concur. The proposed change is 
outside the scope of the FAR case. Further, the FAR does not provide 
for particular product exemptions. Decisions to add a product or 
service to the Procurement List are made on a case-by-case basis by the 
Committee for Purchase From People Who Are Blind or Severely Disabled, 
following the notice-and-comment rulemaking provisions of the 
Administrative Procedure Act in accordance with 41 U.S.C. 47(a)(2).
    Comment: The respondent recommended that the JWOD program provide 
for exceptions similar to those provided at FAR 8.606 for purchases 
from Federal Prison Industries (FPI).
    Response: The Councils do not concur. First, the proposed change is 
outside the scope of the FAR case. Secondly, 41 U.S.C. 47(d) identifies 
the Committee as the entity responsible for rules and regulations 
necessary to carry out the JWOD program. The Committee's statute and 
regulations do not provide for FPI-like exceptions, but do provide for 
purchase exceptions appropriate for JWOD, which are implemented in the 
FAR.
    This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The Department of Defense, the General Services Administration, and 
the National Aeronautics and Space Administration certify that this 
final rule will not have a significant economic impact on a substantial 
number of small entities within the meaning of the Regulatory 
Flexibility Act, 5 U.S.C. 601, et seq., because the rule clarifies that 
the Javits-Wagner-O'Day (JWOD) program becomes a mandatory source of 
supplies and services when the supplies or services are added to the 
Procurement List. While we have made changes to clarify when a supply 
or service becomes a mandatory JWOD source, we have not substantively 
changed procedures for award and administration of contracts.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose information collection requirements that 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 52

    Government procurement.

    Dated: June 10, 2004.
Ralph J. De Stefano,
Acting Director, Acquisition Policy Division.


0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 8 and 52 as set forth 
below:
0
1. The authority citation for 48 CFR parts 8 and 52 is revised to read 
as follows:

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES

0
2. Amend section 8.002 by revising paragraphs (a)(1)(iv) and (a)(2)(i) 
to read as follows:

[[Page 34230]]

8.002  Priorities for use of Government supply sources.

    (a) * * *
    (1) * * *
    (iv) Supplies which are on the Procurement List maintained by the 
Committee for Purchase From People Who Are Blind or Severely Disabled 
(see Subpart 8.7);
* * * * *
    (2) Services. (i) Services which are on the Procurement List 
maintained by the Committee for Purchase From People Who Are Blind or 
Severely Disabled (see Subpart 8.7);
* * * * *


8.004  [Amended]

0
3. Amend section 8.004 by removing from the first sentence the words 
``available from'' and adding ``on the Procurement List maintained by'' 
in its place.
0
4. Amend section 8.703 by revising the first paragraph to read as 
follows:


8.703  Procurement list.

    The Committee maintains a Procurement List of all supplies and 
services required to be purchased from JWOD participating nonprofit 
agencies. The Procurement List may be accessed at: http://www.jwod.gov/procurementlist. Questions concerning whether a supply item or service 
is on the Procurement List may be submitted at Internet e-mail address 
[email protected] or referred to the Committee offices at the following 
address and telephone number: Committee for Purchase From People Who 
Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 
Jefferson Davis Highway, Arlington, VA 22202-3259, (703) 603-7740.
* * * * *

0
5. Amend section 8.714 by revising paragraph (b) to read as follows:


8.714  Communications with the central nonprofit agencies and the 
Committee.

* * * * *
    (b) Any matter requiring referral to the Committee shall be 
addressed to the Executive Director of the Committee, Jefferson Plaza 
2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, VA 22202-3259.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
6. Amend section 52.208-9 by revising the date of the clause, by 
redesignating paragraph (c) as paragraph (a) and revising the first 
sentence of paragraph (a) to read as follows:


52.208-9  Contractor Use of Mandatory Sources of Supply or Services.

* * * * *

Contractor Use of Mandatory Sources of Supply or Services (Jul 2004)

    (a) Certain supplies or services to be provided under this 
contract for use by the Government are required by law to be 
obtained from nonprofit agencies participating in the program 
operated by the Committee for Purchase From People Who Are Blind or 
Severely Disabled (the Committee) under the Javits-Wagner-O'Day Act 
(JWOD) (41 U.S.C. 48). * * *
* * * * *
[FR Doc. 04-13620 Filed 6-17-04; 8:45 am]
BILLING CODE 6820-EP-P