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khammond on DSKJM1Z7X2PROD with PROPOSALS

Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Proposed Rules broad a range as practicable. Authorized resale outlets may stock commercial items comparable to military resale products they stock, except that military commissary stores shall stock military resale products in the 300800, 900, 1000, 1100, 10000 10000
10999; 13000 1300013999; 14000
1400014999; 15000 1500015999;
and 16000 1600016999 series exclusively, unless an exception has been granted on an individual store basis for the stocking of comparable commercial items for which there is a significant customer demand.
c The Defense Commissary Agency shall, after consultation with the Committee:
1 Establish mandatory lists of military resale products to be stocked in commissary stores.
2 Require the stocking in commissary stores of military resale products in the 0 099, 200, 300, 400, 500, 600, 700, 800, 900, 1000, 1100, 1200- 12009999, 10000- 1000010999, 11000 11000
11999; 12000 1200012999; 13000
1300013999; 14000 1400014999;
15000 1500015999; and 16000
1600016999 series in as broad a range as is practicable.
3 Issue guidance requiring commissary store personnel to maximize sales potential of military resale products.
4 Establish policies and procedures which reserve to its agency headquarters the authority to grant exceptions to the exclusive stocking of 300, 800, 900, 1000, 1100, 10000 10000
10999; 13000 1300013999; 14000
1400014999; 15000 1500015999;
and 16000 1600016999 series military resale products.
d The Defense Commissary Agency shall provide the Committee a copy of each directive which relates to the stocking of military resale products in commissary stores, including exceptions authorizing the stocking of commercial items in competition with 300, 800, 900, 1000, 1100, 10000- 10000
10999; 13000 1300013999; 14000
1400014999; 15000 1500015999;
and 16000 1600016999 series military resale products.
e The prices of military resale products include delivery to destination or, in the case of destinations overseas, to designated depots at ports of embarkation. Zone pricing is used for delivery to Alaska and Hawaii.
28. Amend 516.6. by revising paragraph a to read as follows:

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516.6 Request for waiver of specification requirement.

a Nonprofit agencies and central nonprofit agencies are encouraged to recommend changes to specification requirements or request waivers where there are opportunities to provide equal or improved products at a lower cost to the Government.

29. Revise 516.7 to read as follows:
516.7 Orders in excess of nonprofit agency capability.

a Nonprofit agencies are expected to furnish products on the Procurement List within the time frames specified by the Government. The nonprofit agency must have the necessary production facilities to meet normal fluctuations in demand.
b Nonprofit agencies shall take those actions necessary to ensure that they can ship products within the time frames specified by the Government. In instances where the nonprofit agency determines that it cannot ship the product in the quantities specified by the required shipping date, it shall notify the central nonprofit agency and the contracting activity. The central nonprofit agency shall request a revision of the shipping schedule which the contracting activity should grant, if feasible, or the central nonprofit agency shall issue a purchase exception authorizing procurement from commercial sources as provided in 51
5.4 of this chapter.
30. Amend 516.8 by revising paragraphs a, b, c, and e to read as follows:
516.8 Deletion of items from the Procurement List.

a When a central nonprofit agency decides to request that the Committee delete a product or service from the Procurement List, it shall notify the Committee staff immediately. Before reaching a decision to request a deletion of an item from the Procurement List, the central nonprofit agency shall determine that none of its nonprofit agencies is capable and desirous of furnishing the product or service involved.
b Except in cases where the Government is no longer procuring the item in question, the Committee shall, prior to deleting an item from the Procurement List, determine that none of the nonprofit agencies of any other central nonprofit agency is desirous and capable of furnishing the product or service involved.
c Nonprofit agencies will normally be required to complete production of any orders for products on hand
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regardless of the decision to delete the item. Nonprofit agencies shall obtain concurrence of the contracting activity and the Committee prior to returning a purchase order to the contracting activity.

e The Committee may delete an item from the Procurement List without a request from a central nonprofit agency if the Committee determines that none of the nonprofit agencies participating in the AbilityOne Program are capable and desirous of furnishing the product or service to the Government, or if the Committee determines that the product or service is no longer suitable for procurement from nonprofit agencies employing people who are blind or have other severe disabilities. In considering such an action, the Committee will consult with the appropriate central nonprofit agency, the nonprofit agency or agencies involved, and the contracting activity.
31. Revise 516.9 to read as follows:
516.9

Correspondence and inquiries.

Routine contracting activity correspondence or inquiries concerning deliveries of products being shipped from or performance of services by nonprofit agencies employing persons who are blind or have other severe disabilities shall be with the nonprofit agency involved. Major problems shall be referred to the appropriate central nonprofit agency. In those instances, where the problem cannot be resolved by the central nonprofit agency and the contracting activity involved, the contracting activity or central nonprofit agency shall notify the Committee of the problem so that action can be taken by the Committee to resolve it.
32. Amend 516.10 by revising paragraph a to read as follows:
516.10

Quality of merchandise.

a Products furnished under Government specification by nonprofit agencies employing persons who are blind or have other severe disabilities shall be manufactured in strict compliance with such specifications.
Where no specifications exist, products furnished shall be of a quality equal to or higher than similar items available on the commercial market. Products shall be inspected utilizing nationally recognized test methods and procedures for sampling and inspection.

33. Amend 516.11 by revising paragraph a to read as follows:
516.11

Quality complaints.

a When the quality of a product received is not considered satisfactory
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