[Federal Register: June 18, 2004 (Volume 69, Number 117)]
[Rules and Regulations]
[Page 34229-34230]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn04-26]
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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://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=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
info@jwod.gov 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]