DATE: December 11, 2003

SUBJECT: Federal Acquisition Regulation (FAR); Javits-Wagner-O'Day (JWOD) Program Procurement List

SOURCE: Federal Register, December 11, 2003, Vol. 68, No. 238 page 69261

AGENCIES: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)

ACTION: Proposed Rule

SYNOPSIS: It is proposed that FAR Part 8, Required Sources of Supplies and Services, be amended to clarify the point that the JWOD program becomes a mandatory source of supplies and services.

DATES: Comments should be submitted on or before January 12, 2004.

ADDRESSES: Submit written comments on response the proposed rule to General Services Administration, FAR Secretariat (MVA), 1800 F Street, NW, Room 4035, Attn: Laurie Duarte, Washington, DC 20405. Submit e-mail comments to: farcase.2003-013@gsa.gov. Cite "FAR case 2003-013" when referring to this proposed rule.

FOR FURTHER INFORMATION CONTACT: Linda Nelson at 202-501-1900.

SUPPLEMENTAL INFORMATION: The JWOD program is administered by the Committee of Purchase from People Who Are Blind or Severely Disabled. The Committee has established workshops ("participating agencies") that employ blind or severely disabled people in the production of supplies or rendering of services. The Committee maintains a Procurement List of all supplies and services that are required to be purchased from these JWOD participating agencies.

Not all JWOD supplies and services are on the Committee's Procurement List. However, FAR 8.002, Priorities for Use of Government Supply Sources, states that "products available from the Committee..." and "services available from the Committee..." are to be acquired before products or services from Federal Supply Schedules or commercial sources. This has caused confusion in that some are under the misconception that all products and services available from the Committee have a higher priority. Therefore, this proposed rule would revise FAR 8.002 to state "supplies which are on the Procurement List maintained by the Committee..." and "services which are on the Procurement List maintained by the Committee..." In addition, FAR 8.004, Contract Clause, which currently requires that FAR 52.208-9, Contractor Use of Mandatory Sources of Supply and Services, be included in contracts that require a contractor to provide supplies or services "that are available from the Committee..." would be revised to "that are on the Procurement List maintained by the Committee..."

Also, FAR 8.703, Procurement List, is revised to add "The Procurement List may be accessed at: http://www.jwod.gov/procurementlist", and adds that questions concerning whether a supply item or service is on the Procurement List may be submitted by e-mail to: info@jwod.gov (the mailing address that is in FAR 8.703 is retained as an alternate method of asking questions).

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2003 by Panoptic Enterprises. All Rights Reserved.

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