[Federal Register Volume 63, Number 15 (Friday, January 23, 1998)]
[Proposed Rules]
[Pages 3530-3531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1625]


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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: Proposed rule.

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SUMMARY: The Committee is proposing to make 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 
proposing to make changes in its regulations to correct its mailing 
address after a recent office move.

DATES: Submit comments on or before March 24, 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 proposing to amend 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 proposing a set of regulatory revisions to 
create 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 proposing to amend 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

[[Page 3531]]

parts 51-8, 51-9, and 51-10 respectively.

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

41 CFR Parts 51-5 and 51-6

    Government procurement, Individuals with disabilities.

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, Individuals 
with disabilities.
    For the reasons set out in the preamble, parts 51-5, 51-6, 51-8, 
51-9 and 51-10 of Title 41, Chapter 51 of the Code of Federal 
Regulations are proposed to be 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 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]

    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 Sec. 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: January 20, 1998.
Beverly L. Milkman,
Executive Director.
[FR Doc. 98-1625 Filed 1-22-98; 8:45 am]
BILLING CODE 6353-01-P