[Federal Register Volume 62, Number 187 (Friday, September 26, 1997)]
[Proposed Rules]
[Pages 50547-50549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25610]
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COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED
41 CFR Parts 51-2, 51-4, and 51-6
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 five sections of
its regulations to clarify them and improve the efficiency of operation
of the Committee's Javits-Wagner-O'Day (JWOD) Program. The changes are
necessary to clarify and expand earlier regulation changes and to
eliminate unnecessary regulatory language.
DATES: Submit comments on or before November 25, 1997.
ADDRESSES: Committee for Purchase From People Who Are Blind or Severely
[[Page 50548]]
Disabled, Crystal Square 3, Suite 403, 1735 Jefferson Davis Highway,
Arlington, Virginia 22202-3461.
FOR FURTHER INFORMATION CONTACT: G. John Heyer (703) 603-7740. Copies
of this notice will be made available on request in computer diskette
format.
SUPPLEMENTARY INFORMATION: The Committee is proposing to amend Sec. 51-
2.4 of its regulations to clarify further that its authorizing statute,
the JWOD Act, 41 U.S.C. 46-48c, treats addition of commodities and
services to the Procurement List and the establishment by the Committee
of a fair market price as two separate functions and applies the
requirement for notice and comment rulemaking only to the addition
function. This area was first addressed in 1994 (59 FR 59338, Nov. 16,
1994) with the removal of fair market price from the list of
suitability criteria for Procurement List additions, in accordance with
a 1992 court decision, McGregor Printing Corporation v. Kemp, 802 F.
Supp. 519, 527 (D.D.C), rev'd on other grounds, 20 F.3d 1188 (D.C. Cir.
1994). The proposed amendment states that the Committee does not
consider comments on proposed fair market prices for commodities and
services proposed for addition to the Procurement List to be pertinent
to a suitability determination. Accordingly, they will not be addressed
when the Committee makes an addition decision. This amendment will not
affect the ability of Government and other appropriate parties to
comment on proposed fair market prices and price changes in connection
with the Committee's fair market pricing process. The Committee also
proposes to remove paragraph 51-2.4(a)(4)(C) of its regulations to
eliminate one of two essentially redundant statements in Sec. 51-2.4 to
the effect that the Committee considers pertinent comments when making
its addition decisions.
The Committee also amended paragraphs (b)(6) and (c)(1) of Sec. 51-
4.3 of its regulations in 1994 (59 FR 59343) to allow the acceptance of
State certifications of blindness or other severe disabilities as
documentation of disability, in additions to reports by individual
health professionals. Many of these certifications, however, are done
by health professionals at local governmental bodies, such as public
schools. The proposed amendment would allow acceptance of these
certifications.
Paragraph (c) of Sec. 51-4.4 of the Committee's regulations permits
nonprofit agencies participating in the JWOD Program to subcontract a
portion of the process for providing a commodity on the Procurement
List. The proposed amendment would extend this permission to services
on the Procurement List, and would specify how the Committee will
oversee routine subcontracting of a part of the production process.
Paragraph (c) of Sec. 51-6.12 of the Committee's regulations
requires Government contracting activities to provide a 90-day notice
when changing the scope of work of a service on the Procurement List.
The proposed amendment would make it clear that this notice requirement
also applies to situations where the contracting activity converts a
service to performance by Government personnel.
Prior to the 1991 revision of the Committee's regulations (56 FR
48974, Sept. 26, 1991), the matters contained in current parts 51-5 and
51-6 were in a single part 51-5, which had a disputes provision
applicable to the entire part of the Committee's regulations. The
proposed amendment clarifies the disputes provision, Sec. 51-6.14, to
state its applicability to both parts 51-5 and 51-6.
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 in 41 CFR Parts 51-2, 51-4, and 51-6
41 CFR Part 51-2
Organization and functions (Government agencies)
41 CFR Part 51-4
Reporting and recordkeeping requirements.
41 CFR Part 51-6
Government procurement, Handicapped.
For the reasons set out in the preamble, Parts 51-2, 51-4, and 51-6
of Title 41, Chaper 51 of the Code of Federal Regulations are proposed
to be amended as follows:
1. The authority citation for Parts 51-2, 51-4, and 51-6 continues
to read as follows:
Authority: 41 U.S.C. 46-48c.
PART 51-2--COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
2. Section 51-2.4 is amended by removing paragraph (a)(4)(C) and
adding a sentence to paragraph (b), to read as follows:
Sec. 51-2.4 Determination of suitability.
* * * * *
(b) * * * Because the Committee's authority to establish fair
market prices is separate from its authority to determine the
suitability of a commodity or service for addition to the Procurement
List, the Committee does not consider comments on proposed fair market
prices for commodities and services proposed for addition to the
Procurement List to be pertinent to a suitability determination.
PART 51-4--NONPROFIT AGENCIES
3. Section 51-4.3 is amended by revising paragraphs (b)(6) and
(c)(1), to read as follows:
Sec. 51-4.3 Maintaining qualification.
* * * * *
(b) * * *
(6) Maintain a file for each blind individual performing direct
labor which contains a written report reflecting visual acuity and
field of vision of each eye, with best correction, signed by a person
licensed to make such an evaluation, or a certification of blindness by
a State or local governmental entity.
* * * * *
(c) * * *
(1) A written report signed by a licensed physician, psychiatrist,
or qualified psychologist, reflecting the nature and extent of the
disability or disabilities that cause such person to qualify as a
person with a severe disability, or a certification of the disability
or disabilities by a State or local governmental entity.
* * * * *
4. Section 51-4.4 is amended by revising paragraph (c), to read as
follows:
[[Page 50549]]
Sec. 51-4.4 Subcontracting.
* * * * *
(c) Nonprofit agencies may subcontract a portion of the process for
producing a commodity or providing a service on the Procurement List
provided that the portion of the process retained by the prime
nonprofit agency generates employment for persons who are blind or have
other severe disabilities. Subcontracting intended to be a routine part
of the production of a commodity or provision of a service shall be
identified to the Committee at the time the commodity or service is
proposed for addition to the Procurement List and any significant
changes in the extent of subcontracting must be approved in advance by
the Committee.
* * * * *
PART 51-6--PROCUREMENT PROCEDURES
5. Section 51-6.12 is amended by revising paragraph (c), to read as
follows:
Sec. 51-6.12 Specification changes and similar actions.
* * * * *
(c) For services on the Procurement List, the contracting activity
shall notify the nonprofit agency furnishing the service and the
central nonprofit agency concerned at least 90 days prior to the date
that any changes in the statement of work or other conditions of
performance will be required, including assumption of performance of
the service by the contracting activity.
* * * * *
6. Section 51-6.14 is revised to read as follows:
Sec. 51-6.14 Disputes.
Disputes between a nonprofit agency and a contracting activity
arising out of matters covered by parts 51-5 and 51-6 of this chapter
shall be resolved, where possible, by the contracting activity and the
nonprofit agency, with assistance from the appropriate central
nonprofit agency. Disputes which cannot be resolved by these parties
shall be referred to the Committee for resolution.
Dated: September 23, 1997.
Beverly L. Milkman,
Executive Director
[FR Doc. 97-25610 Filed 9-25-97; 8:45 am]
BILLING CODE 6353-01-P