Skip to Content

Rule

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

Document Details

Information about this document as published in the Federal Register.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Start Preamble

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.

Start Further Info

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.

End Further Info End Preamble Start Supplemental Information

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.

Start List of Subjects

List of Subjects in 48 CFR Parts 4, 8, 9, 18, 44, and 52

End List of Subjects Start Signature

Dated: September 9, 2008.

Al Matera,

Director, Office of Acquisition Policy.

End Signature Start Amendment Part

Therefore, DoD, GSA, and NASA amend

End Amendment Part Start Amendment Part

1. The authority citation for

End Amendment Part Start Authority

Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c).

End Authority Start Part

PART 4—ADMINISTRATIVE MATTERS

End Part
[Amended]
Start Amendment Part

2. Amend section 4.602 paragraph (a)(2) by removing “and nonprofit agencies” and adding “and AbilityOne nonprofit agencies” in its place.

End Amendment Part
[Amended]
Start Amendment Part

3. Amend section 4.606 paragraph (c)(3) by removing “JWOD” and adding “AbilityOne” in its place.

End Amendment Part Start Part

PART 8—REQUIRED SOURCES OF SUPPLIES AND SERVICES

End Part Start Amendment Part

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

End Amendment Part
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

Start Amendment Part

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.

End Amendment Part
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:

[Amended]
Start Amendment Part

6. Amend section 8.605 by removing from paragraph (e) “$2,500” and adding “$3,000” in its place.

End Amendment Part Start Amendment Part

7. Revise section 8.700 to read as follows:

End Amendment Part
Scope of subpart.

This subpart prescribes the policies and procedures for implementing the Javits-Wagner-O'Day Act (41 U.S.C. 46-Start Printed Page 5399548c) 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.

[Amended]
Start Amendment Part

8. Amend section 8.701 by removing “JWOD” wherever it occurs and adding “AbilityOne” in its place.

End Amendment Part
[Amended]
Start Amendment Part

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.

End Amendment Part
[Amended]
Start Amendment Part

10. Amend section 8.703 by removing “JWOD” and adding “AbilityOne” in its place; removing “

End Amendment Part
[Amended]
Start Amendment Part

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.

End Amendment Part
[Amended]
Start Amendment Part

12. Amend section 8.705-1 by removing “JWOD” wherever it occurs and adding “AbilityOne” in its place.

End Amendment Part
[Amended]
Start Amendment Part

13. Amend section 8.705-2 by removing “a JWOD” and adding “an AbilityOne” in its place.

End Amendment Part
[Amended]
Start Amendment Part

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

End Amendment Part
[Amended]
Start Amendment Part

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.

End Amendment Part Start Amendment Part

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.

End Amendment Part
[Amended]
Start Amendment Part

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.

End Amendment Part
[Amended]
Start Amendment Part

18. Amend section 8.715 by removing “JWOD” wherever it occurs and adding “AbilityOne” in its place.

End Amendment Part
[Amended]
Start Amendment Part

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

End Amendment Part Start Part

PART 9—CONTRACTOR QUALIFICATIONS

End Part Start Amendment Part

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:

End Amendment Part
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.

Start Part

PART 18—EMERGENCY ACQUISITIONS

End Part Start Amendment Part

21. Revise section 18.107 to read as follows:

End Amendment Part
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).)

Start Part

PART 44—SUBCONTRACTING POLICIES AND PROCEDURES

End Part
[Amended]
Start Amendment Part

22. Amend section 44.202-2 by removing from paragraph (a)(4)(ii) “(JWOD)”.

End Amendment Part Start Part

PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES

End Part Start Amendment Part

23. Amend section 52.208-9 by—

End Amendment Part Start Amendment Part

a. Revising the date of the clause;

End Amendment Part Start Amendment Part

b. Removing from paragraph (a) “(JWOD)”;

End Amendment Part Start Amendment Part

c. Removing from paragraph (b) “a JWOD” and adding “an AbilityOne” in its place; and

End Amendment Part Start Amendment Part

d. Removing from paragraph (c) “JWOD” and adding “AbilityOne” in its place.

End Amendment Part Start Amendment Part

The revised text reads as follows:

End Amendment Part
Contractor Use of Mandatory Sources of Supply or Services.

CONTRACTOR USE OF MANDATORY SOURCES OF SUPPLY OR SERVICES (OCT 2008)

End Supplemental Information

[FR Doc. E8-21386 Filed 9-16-08; 8:45 am]

BILLING CODE 6820-EP-S