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Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Proposed Rules
10. Amend 512.8 by revising the section heading and paragraphs a and b to read as follows:

512.8

Procurement List.

a The Committee maintains a Procurement List which includes the products and services which shall be procured by Government departments and agencies under the JWOD Act from the nonprofit agencyies designated by the Committee. Copies of the Procurement List, together with information on procurement requirements and procedures, are available at the Committees website:
https www.abilityone.gov.
b For products, including military resale products, the Procurement List identifies the name and national stock number or item designation for each product, and where appropriate, any limitation on the portion of the product which must be procured under the JWOD Act.

PART 513CENTRAL NONPROFIT
AGENCIES

11. Revise 513.1 to read as follows:

513.1

General.

Under the provisions of section 2c of the JWOD Act, the Committee designates Central Nonprofit Agencyies CNAs through a separate written agreement approved by vote of the Commission. The list of the current central nonprofit agencyies designated by the Committee is available at the Committees website: https
www.abilityone.gov.
12. Amend 513.2 by revising paragraphs c, d, e, h, i, k, and l to read as follows:
513.2 Responsibilities under the AbilityOne Program.

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c Obtain from Federal contracting activities such procurement information as is required by the Committee to:
1 Determine the suitability of a product or service being recommended to the Committee for addition to the Procurement List; and 2 Establish an initial fair market price for a product or service or make changes in the fair market price.
d Recommend to the Committee, with the supporting information required by Committee policy or procedures, suitable products or services for procurement from its nonprofit agencies.
e Recommend to the Committee, with the supporting information required by Committee policy or procedures, initial fair market prices for
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products or services proposed for addition to the Procurement List.

h Oversee and assist its nonprofit agencies to ensure contract compliance in furnishing a product or a service.
i As market conditions change, recommend price changes with appropriate justification for assigned products or services on the Procurement List.

k When authorized by the Committee, enter into contracts with Federal contracting activities for the furnishing of products or services provided by its nonprofit agencies.
l At the time designated by the Committee, submit a completed, original copy of the appropriate Initial Representations and Certifications for the nonprofit agency concerned. This requirement does not apply to a nonprofit agency that is already authorized to furnish a product or service under the JWOD Act.

13. Revise 513.3 to read as follows:
513.3

Assignment of product or service.

a The central nonprofit agencies shall determine by mutual agreement the assignment to one of them of a product or service for the purpose of evaluating its potential for possible future addition to the Procurement List, except that the Committee shall initially assign a product to a central nonprofit agency for the blind when a central nonprofit agency for other severely disabled has expressed an interest in the product and a central nonprofit agency for the blind has exercised the blind priority.
b Central nonprofit agencies for other severely disabled shall provide a central nonprofit agency for the blind with procurement information necessary for a decision to exercise or waive the blind priority when it requests a decision. A central nonprofit agency for the blind shall normally notify an interested central nonprofit agency of its decision within 30 days, but not later than 60 days after receipt of the procurement information, unless the central nonprofit agencies agree to an extension of time for the decision.
Disagreements on extensions shall be referred to the Committee for resolution.
c If a central nonprofit agency for the blind exercises the blind priority for a product, it shall immediately notify the Committee and any other central nonprofit agency and shall submit to the Committee a proposal to add the product to the Procurement List within nine months of the notification, unless
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the Committee extends the assignment period because of delays beyond the control of the central nonprofit agency for the blind. Upon expiration of the assignment period, the Committee shall reassign the product to another central nonprofit agency.
d The central nonprofit agency assigned a product shall, consistent with 41 U.S.C. 8504b and 41 CFR 51
6.2d, confirm that the contracting activity obtain a decision from Federal Prison Industries on the exercise or waiver of its priority, including submitting the procurement information required by Federal Prison Industries when it requests the decision. Federal Prison Industries shall normally notify the contracting activity of its decision within 30 days, but not later than 60
days after receipt of the procurement information, unless it agrees with the contracting activity on an extension of time for the decision. The contracting activity shall notify the central nonprofit agency of any disagreements with Federal Prison Industries and the central nonprofit agency shall refer a disagreement over an extension to the Committee for resolution with Federal Prison Industries.
e The central nonprofit agency shall provide the Committee the decision of Federal Prison Industries on the waiver or exercise of its priority when it requests the addition of the product to the Procurement List. The central nonprofit agency shall also provide the decision of a central nonprofit agency for the blind waiving its priority.
14. Revise 513.4 to read as follows:
513.4

Distribution of orders.

Central nonprofit agencies shall distribute orders from the Government only to nonprofit agencies which the Committee has approved to furnish the specific product or service. When the Committee has approved two or more nonprofit agencies to furnish a specific product or service, the central nonprofit agency shall distribute orders among those nonprofit agencies in a fair and equitable manner.
PART 514NONPROFIT AGENCIES
15. Amend 514.3 by revising paragraphs a, b introductory text, and b1 and 9 to read as follows:

514.3

Maintaining qualification.

a To maintain its qualification under the JWOD Act, each nonprofit agency authorized to furnish a product or a service shall continue to comply with the requirements of a nonprofit agency for other severely disabled or a nonprofit agency for the blind as defined in 511.3 of this chapter. In
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