Federal Register - July 23, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Proposed Rules This proposed rule would update the Committees regulations in 41 CFR
chapter 511.15110.101 to reflect those statutory changes.
41 CFR Part 514
Government procurement, Individuals with disabilities, Reporting and recordkeeping requirements.
II. Changes Proposed by the Committee in This Rulemaking
41 CFR Parts 515 and 516
Government procurement, Individuals with disabilities.
This proposed rule amends the Committees regulations to include the following administrative changes:
III. Expected Impact of the Proposed Rule
41 CFR Part 518
Administrative practice and procedure, Archives and records, Confidential business information, Freedom of information, Privacy Act.
This rulemaking is not expected to have a significant impact on small businesses.
IV. Regulatory Procedures
41 CFR Part 519
Privacy Act Rules.
Executive Order 12866Regulatory Planning and Review and Executive Order 13563Improving Regulation and Regulatory Review
41 CFR Part 5110
This proposed rule is not a significant regulatory action, under E.O. 12866.
Executive Order 13771Reducing Regulations and Controlling Regulatory Costs This proposed rule is not expected to be an E.O. 13771 deregulatory action.
Regulatory Flexibility Act It has been certified that this proposed rule is not subject to the Regulatory Flexibility Act 5 U.S.C. 601 because it would not, if promulgated, have a significant economic impact on a substantial number of small entities.
This proposed rule does not contain an information collection requirement subject to the Paperwork Reduction Act of 1995 44 U.S.C. 3501 et seq..
Unfunded Mandates Reform Act of 1995
This proposed rule will not result in the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more in any one year, and it will not significantly or uniquely affect small governments.
List of Subjects 41 CFR Part 511
khammond on DSKJM1Z7X2PROD with PROPOSALS
Government procurement, Individuals with disabilities.
41 CFR Part 512
Government procurement, Individuals with disabilities, Organization and functions Government agencies.
41 CFR Part 513
Government procurement, Individuals with disabilities.
16:27 Jul 22, 2021
Administrative practice and procedure, Civil rights, Equal employment opportunity, Federal buildings and facilities, Individuals with disabilities.
For reasons set forth in the preamble, the Committee proposes to amend 41
CFR parts 511 through 5110 as follows:
1. The authority citation for parts 51
1, 512, 513, 514, 515, 516, 517, 518, 519, and 5110 continues to read as follows:
Authority: 41 U.S.C. 4648c.
PART 511GENERAL
Paperwork Reduction Act
VerDate Sep<11>2014
41 CFR Part 517
Environmental impact statements.
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2. Revise 511.1 to read as follows:
511.1
Policy.
a It is the policy of the Government to increase employment and training opportunities for persons who are blind or have other severe disabilities through the purchase of products and services from qualified nonprofit agencies employing persons who are blind or have other severe disabilities. The Committee for Purchase from People Who Are Blind or Severely Disabled hereinafter the Committee was established by the Javits-Wagner-ODay Act, Public Law 111350, section 3, Jan. 4, 2011, 124 Stat. 3837, as amended and recodifies, 41 U.S.C.
85018506 hereinafter the JWOD Act.
The Committee is responsible for implementation of a comprehensive program designed to enforce this policy.
b It is the policy of the Committee to encourage all Federal entities and employees to provide the necessary support to ensure that the JWOD Act is implemented in an effective manner.
This support includes purchase of products and services published on the Committees Procurement List through
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appropriate channels from nonprofit agencies employing persons who are blind or have other severe disabilities designated by the Committee;
recommendations to the Committee of new products and services suitable for addition to the Procurement List; and cooperation with the Committee and the central nonprofit agencies in the provision of such data as the Committee may decide is necessary to determine suitability for addition to the Procurement List.
3. Revise 511.2 to read as follows:
511.2
Mandatory source priorities.
a The JWOD Act mandates that products or services on the Procurement List required by Government entities be procured, as prescribed in this regulation, from a nonprofit agency employing persons who are blind or have other severe disabilities, at a price established by the Committee, if that product or service is available within the normal period required by that Government entity. Except as provided in paragraph b of this section, the JWOD Act has priority, under the provisions of 41 U.S.C. 8504, over any other supplier of the Governments requirements for products and services on the Committees Procurement List.
b Federal Prison Industries, Inc. has priority, under the provisions of 18
U.S.C. 4124 and 41 U.S.C. 8504b, over nonprofit agencies employing persons who are blind or have other severe disabilities in furnishing products for sale to the Government. All or a portion of the Governments requirement for a product for which Federal Prison Industries, Inc. has exercised its priority may be added to the Procurement List.
However, such addition is made with the understanding that procurement under the JWOD Act shall be limited to that portion of the Governments requirement for the product which is not available or not required to be procured from Federal Prison Industries, Inc.
c The JWOD Act requires the Committee to prescribe regulations providing that, in the purchase by the Government of products produced and offered for sale by qualified nonprofit agencies employing persons who are blind and nonprofit agencies employing persons who have other severe disabilities, priority shall be accorded to products produced and offered for sale by qualified nonprofit agencies for the blind. In approving the addition of products, to the Procurement List, the Committee accords priority to nonprofit agencies for the blind. Nonprofit agencies for the blind and nonprofit agencies employing persons with severe
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