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Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Proposed Rules
disabilities have equal priority for services.
4. Amend 511.3 by:
a. Revising the definitions of AbilityOne Program, Central nonprofit agency, Committee, Contracting activity, Direct labor, Interested person, Military resale, Nonprofit agency, Participating nonprofit agency, and Procurement List;
b. Adding in alphabetical order a definition for Qualified nonprofit agency for other severely disabled;
c. Removing the definition of Qualified nonprofit agency for other severely handicapped; and d. Revising the definition of Qualified nonprofit agency for the blind.
The revisions and addition read as follows:
511.3

Definitions.

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AbilityOne Program means the program authorized by the JWOD Act to increase employment and training opportunities for persons who are blind or have other severe disabilities through Government purchasing of products and services from nonprofit agencies employing these persons.

Central nonprofit agency means an agency organized under the laws of the United States or of any State, operated in the interest of the blind or persons with other severe disabilities, the net income of which does not incur in whole or in part to the benefit of any shareholder or other individual, and designated by the Committee to facilitate the distribution by direct allocation, subcontract, or any other means of orders of the Government for products and services on the Procurement List among nonprofit agencies employing persons who are blind or have other severe disabilities, to provide information required by the Committee to implement the JWOD
Program, and to otherwise assist the Committee in administering these regulations as set forth herein by the Committee.
Committee means the Committee for Purchase from People Who Are Blind or Severely Disabled.
Contracting activity means any element of an entity of the Government that has responsibility for identifying and/or procuring Government requirements for products or services.
Components of a contracting activity, such as a contracting office and an ordering office, are incorporated in this definition, which includes all offices within the definitions of contracting
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activity, contracting office, and contract administration office contained in the Federal Acquisition Regulation, 48 CFR 2.101.
Direct labor means all work required for preparation, processing, and packing of a product or work directly related to the performance of a service, but not supervision, administration, inspection or shipping.

Interested person means an individual or legal entity affected by a proposed addition of a product or service to the Procurement List or a deletion from it.
Military resale products means products on the Procurement List sold for the private, individual use of authorized patrons of Armed Forces commissaries and exchanges, or like activities of other Government departments and agencies.
Nonprofit agency formerly workshop means a nonprofit agency serving people who are blind or a nonprofit agency employing persons with severe disabilities, as appropriate.

Participating nonprofit agency formerly participating workshop means any nonprofit agency which has been authorized by the Committee to furnish a product or service to the Government under the JWOD Act.
Procurement List means a list of products including military resale products and services which the Committee has determined to be suitable to be furnished to the Government by nonprofit agencies for the blind or nonprofit agencies employing persons with severe disabilities pursuant to the JWOD Act and these regulations.
Qualified nonprofit agency for other severely disabled formerly workshop for other severely handicapped means an agency organized under the laws of the United States or any State, operated in the interests of persons with severe disabilities who are not blind, and the net income of which does not inure in whole or in part to the benefit of any shareholder or other individual; which complies with applicable occupational health and safety standards prescribed by the Secretary of Labor; and which in furnishing products and services whether or not the products or services are procured under these regulations during the fiscal year employs persons with severe disabilities including blind for not less than 75 percent of the work-hours of direct labor required to furnish such products or services.
Qualified nonprofit agency for the blind hereinafter nonprofit agency for the blind formerly workshop for the
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blind means an agency organized under the laws of the United States or of any State, operated in the interest of blind individuals, and the net income of which does not inure in whole or in part to the benefit of any shareholder or other individual; which complies with applicable occupational health and safety standards prescribed by the Secretary of Labor; and which in furnishing products and services whether or not the products or services are procured under these regulations during the fiscal year employs blind individuals for not less than 75 percent of the work-hours of direct labor required to furnish such products or services.

PART 512COMMITTEE FOR
PURCHASE FROM PEOPLE WHO ARE
BLIND OR SEVERELY DISABLED

5. Revise 512.2 to read as follows:

512.2

Powers and responsibilities.

The Committee is responsible for carrying out the following functions in support of its mission of providing employment and training opportunities for persons who are blind or have other severe disabilities and, whenever possible, preparing those individuals to engage in competitive employment:
a Establish rules, regulations, and policies to assure effective implementation of the JWOD Act.
b Determine which product and services procured by the Federal Government are suitable to be furnished by qualified nonprofit agencies employing persons who are blind or have other severe disabilities and add those items to the Committees Procurement List. Publish notices of addition to the Procurement List in the Federal Register. Disseminate information on Procurement List items to Federal agencies. Delete items no longer suitable to be furnished by nonprofit agencies. Authorize and deauthorize central nonprofit agencies and nonprofit agencies to accept orders from contracting activities for the furnishing of specific products and services on the Procurement List.
c Determine fair market prices for items added to the Procurement List and revise those prices in accordance with changing market conditions to assure that the prices established are reflective of the market.
d Monitor nonprofit agency compliance with Committee regulations and procedures.
e Inform Federal agencies about the AbilityOne Program and the statutory mandate that items on the Procurement
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