53994 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations 

19.702 Statutory requirements. 

* * * * * 

(d) * * * However, the mentor-prote ́ge ́

agreement must have been approved by 

the Director, Small Business Programs 

of the cognizant DoD military 

department or defense agency, before 

developmental assistance costs may be 

credited against subcontract goals. A list 

of approved agreements may be 

obtained at http://www.acq.osd.mil/ 

osbp/mentorlprotege/. 

[FR Doc. E8–21385 Filed 9–16–08; 8:45 am] 

BILLING CODE 6820–EP–S 

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. 

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 JavitsWagner-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. 

■ Therefore, DoD, GSA, and NASA 

amend 48 CFR parts 4, 8, 9, 18, 44, and 

52 as set forth below: 

■ 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] 

■ 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] 

■ 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 

■ 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 

* * * * * 

■ 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] 

■ 6. Amend section 8.605 by removing 

from paragraph (e) ‘‘$2,500’’ and adding 

‘‘$3,000’’ in its place. 

■ 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– 


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Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations 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] 

■ 8. Amend section 8.701 by removing 

‘‘JWOD’’ wherever it occurs and adding 

‘‘AbilityOne’’ in its place. 

8.702 [Amended] 

■ 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] 

■ 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] 

■ 11. Amend section 8.704 by removing 

from the introductory text of paragraph 

(a) ‘‘The JWOD’’ and adding ‘‘The JavitsWagner-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] 

■ 12. Amend section 8.705–1 by 

removing ‘‘JWOD’’ wherever it occurs 

and adding ‘‘AbilityOne’’ in its place. 

8.705–2 [Amended] 

■ 13. Amend section 8.705–2 by 

removing ‘‘a JWOD’’ and adding ‘‘an 

AbilityOne’’ in its place. 

8.705–3 [Amended] 

■ 14. Amend section 8.705–3 by 

removing from paragraphs (a) and (c) 

‘‘JWOD’’ and adding ‘‘AbilityOne’’ in its 

place. 

8.705–4 [Amended] 

■ 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] 

■ 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] 

■ 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] 

■ 18. Amend section 8.715 by removing 

‘‘JWOD’’ wherever it occurs and adding 

‘‘AbilityOne’’ in its place. 

8.716 [Amended] 

■ 19. Amend section 8.716 by removing 

from the introductory paragraph ‘‘a 

JWOD’’ and adding ‘‘an AbilityOne’’ in 

its place. 

PART 9—CONTRACTOR 

QUALIFICATIONS 

■ 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 

■ 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] 

■ 22. Amend section 44.202–2 by 

removing from paragraph (a)(4)(ii) 

‘‘(JWOD)’’. 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

■ 23. Amend section 52.208–9 by— 

■ a. Revising the date of the clause; 

■ b. Removing from paragraph (a) 

‘‘(JWOD)’’; 

■ c. Removing from paragraph (b) ‘‘a 

JWOD’’ and adding ‘‘an AbilityOne’’ in 

its place; and 

■ d. Removing from paragraph (c) 

‘‘JWOD’’ and adding ‘‘AbilityOne’’ in its 

place. 

■ 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 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 5, 6, 12, 18, 26, and 52 

[FAC 2005–27; FAR Case 2006–014; Item 

IV; Docket 2007–0001; Sequence 7] 

RIN 9000–AK54 

Federal Acquisition Regulation; FAR 

Case 2006–014, Local Community 

Recovery Act of 2006 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule. 

SUMMARY: The Civilian Agency 

Acquisition Council and the Defense 

Acquisition Regulations Council 

(Councils) have adopted as final, with a 

minor change to the second interim 

rule, two interim rules amending the 

Federal Acquisition Regulation (FAR) to 

implement amendments to the Robert T. 

Stafford Disaster Relief and Emergency 

Assistance Act. The first interim rule 

was published in the Federal Register at 

71 FR 44546, August 4, 2006. The 

second interim rule was published in 

the Federal Register at 72 FR 63084, 

November 7, 2007. 

DATES: Effective Date: October 17, 2008. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Mr. 

William Clark, Procurement Analyst, at 

(202) 219–1813. For information 


pwalker on PROD1PC71 with RULES3