[Federal Register Volume 73, Number 181 (Wednesday, September 17, 2008)]
[Rules and Regulations]
[Pages 53994-53995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21386]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 4, 8, 9, 18, 44, and 52

[FAC 2005-27; FAR Case 2007-015; Item III; Docket 2008-0001; Sequence 
16]
RIN 9000-AK96


Federal Acquisition Regulation; FAR Case 2007-015, Administrative 
Changes to the FPI Blanket Waiver and the JWOD Program Name

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 increase the 
blanket waiver threshold for small dollar-value purchases from Federal 
Prison Industries (FPI) by Federal agencies and to change the name of 
the JWOD Program to the AbilityOne Program.

DATES: Effective Date: October 17, 2008.

FOR FURTHER INFORMATION CONTACT Mr. William Clark, Procurement Analyst, 
at (202) 219-1813 for clarification of content. For information 
pertaining to status or publication schedules, contact the FAR 
Secretariat at (202) 501-4755. Please cite FAC 2005-27, FAR case 2007-
015.

SUPPLEMENTARY INFORMATION:

A. Background

    The FPI Board of Directors recently revised its 2003 resolution to 
increase the blanket waiver threshold for small dollar-value purchases 
from FPI by Federal agencies. A revision to an earlier resolution 
adopted by the FPI Board provides that the increased dollar threshold 
necessary to obtain FPI clearance would become effective upon the 
publication of appropriate modification to the FAR.
    This final rule amends the FAR to reflect the threshold increase 
from $2,500 to $3,000. No waiver is required to buy from an alternative 
source below $3,000. Customers may, however, still purchase from FPI 
at, or below, this threshold, if they so choose.
    The Committee for Purchase From People Who Are Blind or Severely 
Disabled, which administers the Javits-Wagner-O'Day Act, has changed 
its program name to the AbilityOne Program (formerly JWOD Program). The 
Committee changed the program's name to the AbilityOne Program through 
the Federal Register on November 27, 2006 (71 FR 68492). This final 
rule will update the name of the program for all occurrences 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 Regulatory Flexibility Act does not apply to this rule. The 
final rule does not constitute a significant FAR revision within the 
meaning of FAR 1.501 and Pub. L. 99-577, and publication for public 
comments is not required. However, the Councils will consider comments 
from small entities concerning the affected FAR parts 4, 8, 9, 18, 44 
and 52 in accordance with 5 U.S.C. 610. Interested parties must submit 
such comments separately and should cite 5 U.S.C. 601, et seq. (FAC 
2005-27, FAR Case 2007-015), in correspondence.

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 4, 8, 9, 18, 44, and 52

    Government procurement.

    Dated: September 9, 2008.
Al Matera,
Director, Office of Acquisition Policy.

0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 4, 8, 9, 18, 44, and 
52 as set forth below:
0
1. The authority citation for 48 CFR parts 4, 8, 9, 18, 44, and 52 
continues 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 4--ADMINISTRATIVE MATTERS


4.602   [Amended]

0
2. Amend section 4.602 paragraph (a)(2) by removing ``and nonprofit 
agencies'' and adding ``and AbilityOne nonprofit agencies'' in its 
place.


4.606   [Amended]

0
3. Amend section 4.606 paragraph (c)(3) by removing ``JWOD'' and adding 
``AbilityOne'' in its place.

PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES

0
4. Amend section 8.602 by revising the introductory text of paragraph 
(c) and paragraph (c)(1) to read as follows.


8.602   Policy.

* * * * *
    (c) In some cases where FPI and an AbilityOne participating 
nonprofit agency produce identical items (see 8.603), FPI grants a 
waiver to permit the Government to purchase a portion of its 
requirement from the AbilityOne participating nonprofit agency. When 
this occurs, the portion of the requirement for which FPI has granted a 
waiver--
    (1) Shall be purchased from the AbilityOne participating nonprofit 
agency using the procedures in Subpart 8.7; and
* * * * *
0
5. Amend section 8.603 by revising the introductory paragraph; and 
removing from paragraphs (a)(2) and (b)(1) ``JWOD'' and adding 
``AbilityOne'' in its place.


8.603   Purchase priorities.

    FPI and nonprofit agencies participating in the AbilityOne Program 
under the Javits-Wagner-O'Day Act (see Subpart 8.7) may produce 
identical supplies or services. When this occurs, ordering offices 
shall purchase supplies and services in the following priorities:
* * * * *


8.605   [Amended]

0
6. Amend section 8.605 by removing from paragraph (e) ``$2,500'' and 
adding ``$3,000'' in its place.
0
7. Revise section 8.700 to read as follows:


8.700   Scope of subpart.

    This subpart prescribes the policies and procedures for 
implementing the Javits-Wagner-O'Day Act (41 U.S.C. 46-

[[Page 53995]]

48c) and the rules of the Committee for Purchase from People Who Are 
Blind or Severely Disabled (41 CFR Chapter 51) which implements the 
AbilityOne Program.


8.701   [Amended]

0
8. Amend section 8.701 by removing ``JWOD'' wherever it occurs and 
adding ``AbilityOne'' in its place.


8.702   [Amended]

0
9. Amend section 8.702 by removing from paragraph (a) ``JWOD'' and 
adding ``AbilityOne'' in its place; and removing from paragraph (c) 
``the JWOD'' and adding ``the Javits-Wagner-O'Day'' in its place.


8.703   [Amended]

0
10. Amend section 8.703 by removing ``JWOD'' and adding ``AbilityOne'' 
in its place; removing ``http://www.jwod.gov/procurementlist'' and 
adding ``http://www.abilityone.gov/jwod/PL.html'' in its place; and 
removing ``info@jwod.gov'' and adding ``info@abilityone.gov'' in its 
place.


8.704   [Amended]

0
11. Amend section 8.704 by removing from the introductory text of 
paragraph (a) ``The JWOD'' and adding ``The Javits-Wagner-O'Day'' in 
its place, and removing ``from JWOD'' and adding ``from AbilityOne'' in 
its place; and removing from paragraphs (a)(1)(ii), (a)(2)(i), and (c) 
``JWOD'' and adding ``AbilityOne'' in its place.


8.705-1  [Amended]

0
12. Amend section 8.705-1 by removing ``JWOD'' wherever it occurs and 
adding ``AbilityOne'' in its place.


8.705-2  [Amended]

0
13. Amend section 8.705-2 by removing ``a JWOD'' and adding ``an 
AbilityOne'' in its place.


8.705-3  [Amended]

0
14. Amend section 8.705-3 by removing from paragraphs (a) and (c) 
``JWOD'' and adding ``AbilityOne'' in its place.


8.705-4  [Amended]

0
15. Amend section 8.705-4 by removing from paragraphs (a) and (b) 
``JWOD'' and adding ``AbilityOne'' in its place; and removing from 
paragraph (c) ``a JWOD'' and adding ``an AbilityOne'' in its place.


8.706, 8.707, 8.708, 8.710, 8.711, and 8.712   [Amended]

0
16. Amend sections 8.706, 8.707, 8.708, 8.710, 8.711, and 8.712 by 
removing ``JWOD'' wherever it occurs and adding ``AbilityOne'' in its 
place.


8.713  [Amended]

0
17. Amend section 8.713 by removing from paragraph (a) ``a JWOD'' and 
adding ``an AbilityOne'' in its place; and removing from paragraph (b) 
``JWOD'' and adding ``AbilityOne'' in its place.


8.715  [Amended]

0
18. Amend section 8.715 by removing ``JWOD'' wherever it occurs and 
adding ``AbilityOne'' in its place.


8.716  [Amended]

0
19. Amend section 8.716 by removing from the introductory paragraph ``a 
JWOD'' and adding ``an AbilityOne'' in its place.

PART 9--CONTRACTOR QUALIFICATIONS

0
20. Amend section 9.107 by revising the section heading and paragraph 
(a); and removing from paragraphs (b) and (d) ``JWOD'' and adding 
``AbilityOne'' in its place. The revised text reads as follows:


9.107  Surveys of nonprofit agencies participating in the AbilityOne 
Program under the Javits-Wagner-O'Day Act.

    (a) The Committee for Purchase From People Who Are Blind or 
Severely Disabled (Committee), as authorized by 41 U.S.C. 46-48c, 
determines what supplies and services Federal agencies are required to 
purchase from AbilityOne participating nonprofit agencies serving 
people who are blind or have other severe disabilities (see Subpart 
8.7). The Committee is required to find an AbilityOne participating 
nonprofit agency capable of furnishing the supplies or services before 
the nonprofit agency can be designated as a mandatory source under the 
AbilityOne Program. The Committee may request a contracting office to 
assist in assessing the capabilities of a nonprofit agency.
* * * * *

PART 18--EMERGENCY ACQUISITIONS

0
21. Revise section 18.107 to read as follows:


18.107   AbilityOne specification changes.

    Contracting officers are not held to the notification required when 
changes in AbilityOne specifications or descriptions are required to 
meet emergency needs. (See 8.712(d).)

PART 44--SUBCONTRACTING POLICIES AND PROCEDURES


44.202-2  [Amended]

0
22. Amend section 44.202-2 by removing from paragraph (a)(4)(ii) 
``(JWOD)''.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
23. Amend section 52.208-9 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (a) ``(JWOD)'';
0
c. Removing from paragraph (b) ``a JWOD'' and adding ``an AbilityOne'' 
in its place; and
0
d. Removing from paragraph (c) ``JWOD'' and adding ``AbilityOne'' in 
its place.
0
The revised text reads as follows:


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

* * * * *
    CONTRACTOR USE OF MANDATORY SOURCES OF SUPPLY OR SERVICES (OCT 
2008)
* * * * *
[FR Doc. E8-21386 Filed 9-16-08; 8:45 am]
BILLING CODE 6820-EP-S