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Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Proposed Rules
2 The product or service is available from commercial sources in the quantities needed and significantly sooner than it will be available from the nonprofit agencyies.

21. Amend 515.5 by revising paragraphs a, b, c, and e to read as follows:
515.5

Prices.

a The prices for items on the Procurement List are fair market prices established by the Committee under authority of the Javits-Wagner-ODay Act 41 U.S.C. 8503b.
b Prices for products include applicable packaging, packing, and marking. Prices include transportation to point of delivery as specified in 51
5.6.
c Price changes for products and services shall usually apply to orders received by the nonprofit agency on or after the effective date of the change. In special cases, after considering the views of the contracting activity, the Committee may make price changes applicable to orders received by the nonprofit agency prior to the effective date of the change.

e If a contracting activity desires packing, packaging, or marking of products other than the standard pack or as provided in the Procurement List, any difference in cost shall be negotiated with the nonprofit agency.
22. Revise 515.6 to read as follows:

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515.6

Shipping.

a Except as provided in paragraph b of this section, products are sold to the Government on an F.O.B.
destination basis, with delivery being accomplished when the shipment reaches the facility designated by the contracting activity. Time of delivery is when the shipment is released by the carrier and accepted by the contracting activity or its agent. In this delivery method, the nonprofit agency will normally use commercial bills of lading and will be responsible for any loss or damage to the goods occurring before the products reach the designated delivery point. The nonprofit agency will prepare and distribute commercial bills of lading, furnish delivery schedules, designate the carriers, and pay all shipping charges to specified delivery points.
b The Committee may determine that certain products are to be sold to the Government on an F.O.B. origin basis, with delivery being accomplished when a shipment is placed aboard the vehicle of the initial carrier. Time of delivery is when the shipment is
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released to and accepted by the initial carrier. In this delivery method, the nonprofit agency will normally use Government bills of lading, and responsibility for loss or damage to the goods while in transit passes to the Government at the time the initial carrier accepts a shipment. If the contracting activity fails to furnish a Government bill of lading promptly, such failure shall be considered an excusable delay in delivery.
23. Revise 515.7 to read as follows:
515.7

Payments.

Payments for products or services of persons who are blind or have other severe disabilities shall be made within 30 days after shipment or receipt of a proper invoice or voucher.
PART 516PROCUREMENT
PROCEDURES
24. Amend 516.1 by revising paragraphs a and c to read as follows:

516.1

Direct order process.

a Once a product or service is added to the Procurement List, the central nonprofit agency may authorize the contracting activity to issue orders directly to a nonprofit agency without requesting an allocation for each order.
This procedure is known as the direct order process.

c An order for products or services shall provide leadtime sufficient for purchase of materials, production or preparation, and delivery or completion.

25. Amend 516.2 by revising paragraphs a, b introductory text, b1, c, d, g, i, and k to read as follows:
516.2

Allocation process.

a In those cases where a direct order authorization has not been issued as described in 516.1, the contracting activity shall submit written requests for allocation to the appropriate central nonprofit agency indicated by the Procurement List which is found at the Committees website: https
www.abilityone.gov.
b Requests for allocations shall contain, as a minimum:
1 For products. Name, stock number, latest specification, quantity, unit price, and place and time of delivery.

c Contracting activities shall request allocations in sufficient time for the central nonprofit agency to reply, for the orders to be placed, and for the nonprofit agencies to furnish the product or service see paragraph i of this section.

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d When a product on the Procurement List also appears on the Federal Prison Industries Schedule of Products, the contracting activity shall obtain clearance from the Federal Prison Industries prior to requesting an allocation or placing an order directly to the nonprofit agencyies.

g An allocation is not an obligation to supply a product or service, or an obligation for the contracting activity to issue an order. Nonprofit agencies are not authorized to commence production until receipt of an order.

i An order for products or services shall provide leadtime sufficient for purchase of materials, production or preparation, and delivery or completion.

k In those instances where the central nonprofit agency is the prime contractor rather than the nonprofit agency, the central nonprofit agency will designate the nonprofit agencyies authorized by the Committee to furnish definite quantities of products or specific services upon receipt of an order from the contracting activity.
26. Revise 516.3 to read as follows:
516.3

Long-term procurements.

a Contracting activities are encouraged to investigate long-term ordering agreements for products listed on the Procurement List to level off demand, thereby helping ensure stability of employment and development of job skills for persons who are blind or have other severe disabilities.
b Contracting activities are encouraged to use the longest contract term available by law to their agencies for contracts for products and services under the AbilityOne Program, in order to minimize the time and expense devoted to formation and renewal of these contracts.
27. Revise 516.4 to read as follows:
516.4

Military resale products.

a Purchase procedures for ordering military resale products are available from the central nonprofit agencies.
Authorized resale outlets military commissary stores, Armed Forces exchanges and like activities of other Government departments and agencies shall request the central nonprofit agency responsible for the military resale product being ordered to designate the nonprofit agency or its agent to which the outlets shall forward orders.
b Authorized resale outlets shall stock military resale products in as
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