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CPBSD RIN: 3037-AA01 Publication ID: Fall 2020 
Title: AbilityOne Program; Determining Whether Commodities Are "Essentially the Same" 
Abstract:

The Committee for Purchase From People Who Are Blind or Severely Disabled (Committee), proposes to publish a Rule implementing statutory changes section 846 of the FY 2018 National Defense Authorization Act (NDAA). These changes go into effect in FY 2019 and FY 2020 through the General Services Administration (GSA).

Essentially the same means comparable and similar in all the prominent physical, functional, or performance characteristics to items on the Procurement List, such that the Committee deems the item to be covered by the Procurement List mandate. A Committee determination of ETS does not necessarily mean that the product/item is "exactly" the same, but is indicative that any differences do not affect form, fit or function.

Currently, vendors seeking contracts for relevant Federal Supply Schedules are required to be authorized AbilityOne distributors, which includes a commitment to block the sale of ETS items and substitute AbilityOne products, to ensure that Federal customers using the Schedules comply with the Procurement List. All authorized AbilityOne distributors are required to follow the Committee's ETS policy, in order to maintain eligibility. To maintain fairness among AbilityOne authorized distributors and commercial e-Commerce platform providers, all participants in the section 846 pilot test must be required to follow the Committee's ETS requirements.

 
Agency: Committee for Purchase From People Who Are Blind or Severely Disabled(CPBSD)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Regulatory 
CFR Citation: 41 CFR 51   
Legal Authority: 41 U.S.C. ch. 85   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  03/00/2021 
NPRM Comment Period End  05/00/2021 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Shelly Hammond
Director, Policy and Programs
Committee for Purchase From People Who Are Blind or Severely Disabled
355 E Street NW,
Washington, DC 20319
Phone:571 457-9468
Email: shammond@abilityone.gov