[Federal Register: October 14, 2005 (Volume 70, Number 198)]
[Notices]               
[Page 60061-60062]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14oc05-27]                         

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COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED

 
Procurement List Addition

AGENCY: Committee for Purchase From People Who are Blind or Severely 
Disabled.

ACTION: Additions to Procurement List.

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SUMMARY: This action adds to the Procurement List products to be 
furnished by nonprofit agencies employing persons who are blind or have 
other severe disabilities.

EFFECTIVE DATE: November 13, 2005.

ADDRESSES: Committee for Purchase From People Who Are Blind or Severely 
Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, 
Arlington, Virginia, 22202-3259.

FOR FURTHER INFORMATION CONTACT: Sheryl D. Kennerly, Telephone: (703) 
603-7740, Fax: (703) 603-0655, or e-mail SKennerly@jwod.gov.

SUPPLEMENTARY INFORMATION: On May 6, 2006, the Committee for Purchase 
From People Who Are Blind or Severely Disabled published notice (70 
F.R. 23979) of proposed additions to the Procurement List.
    After consideration of the material presented to it concerning 
capability of qualified nonprofit agencies to provide the products and 
impact of the additions on the current or most recent contractors, the 
Committee has determined that the products listed below are suitable 
for procurement by the Federal Government under 41 U.S.C. 46-48c and 41 
CFR 51-2.4.
    The following comments pertain to Accustamp.
    Comments were received from three of the current contractors for 
these stamps. Two of the contractors claimed that the stamps the 
nonprofit agency will be providing under the Committee's program are 
made in China, as opposed to the stamps the contractors provide, which 
one contractor makes in the United States (U.S.) and the other 
contractor assembles in the U.S. from components made in Japan and 
China, and that the Committee should not permit its program to displace 
U.S. products with Chinese products. One contractor claimed that it has 
been a Government supplier of the stamps for over 35 years, and has 
become reliant on these sales, which constitute a significant minority 
of its total Government sales. The same contractor claimed the 
nonprofit agency's stamps do not meet Government specifications in four 
specific areas. That contractor claimed that U.S. workers should not be 
laid off to provide jobs for people with severe disabilities. Another 
contractor cited the continuing impact of Procurement List additions on 
its sales. Two contractors claimed, without providing supporting data, 
that this addition will impact either the small businesses that supply 
the products or the distributors who sell them.
    Contrary to the contractors' claims, the nonprofit agency will be 
using its employees with severe disabilities to assemble and package 
the stamps in the U.S. from components made in Austria, which is a 
designated country under the Trade Agreements Act, 19 U.S.C. 2501 et 
seq. Like the contractor workers they may displace, the persons with 
severe disabilities who will produce the stamps are U.S. workers, but 
with an unemployment rate which is well above

[[Page 60062]]

other groups, so the Committee believes that creating jobs for them, 
which is the mission of the Committee's program, is justified in this 
situation.
    The contractor which claimed a long-term reliance on Government 
sales of these stamps failed to provide the Committee with total sales 
data which would enable the Committee to assess the severity of impact 
of this Procurement List addition, despite being cautioned that the 
Committee would interpret a failure to provide data as an indication 
that the contractor did not consider the impact severe. As for this 
contractor's claim that the nonprofit agency's stamps do not meet 
Government specifications, the nonprofit agency has shown the Committee 
that its stamps do meet those specifications.
    The cumulative impact of Procurement List additions over the past 
three years on the contractor which objected to these impacts does not 
reach the level which the Committee normally considers to be severe 
adverse impact. As the two contractors which alleged impact on their 
suppliers or distributors, respectively, failed to provide data to 
support their claims, the Committee is unable to assess the claims and 
is accordingly persuaded that these impacts cannot be severe.
    The following material pertains to all of the items being added to 
the Procurement List.

Regulatory Flexibility Act Certification

    I certify that the following action will not have a significant 
impact on a substantial number of small entities. The major factors 
considered for this certification were:
    1. The action will not result in any additional reporting, 
recordkeeping or other compliance requirements for small entities other 
than the small organizations that will furnish the products to the 
Government.
    2. The action will result in authorizing small entities to furnish 
the products to the Government.
    3. There are no known regulatory alternatives which would 
accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-
48c) in connection with the products proposed for addition to the 
Procurement List.

End of Certification

    Accordingly, the following products are added to the Procurement 
List:

Products:

Product/name(s)/NSN(S): Accustamp
    7510-01-207-3959--Refill Ink (Blue)
    7510-01-207-3960--Refill Ink (Blue)
    7510-01-207-3961--Refill Ink (Black)
    7520-01-207-4118--Top Secret (Red)
    7520-01-207-4150--C.O.D. (Red)
    7520-01-207-4151--2000 plus 6 band number Stamp S-226
    7520-01-207-4188--2000 plus R40 time stamp 12 hours--(Blue & 
Red)
    7520-01-207-4190--Stamper 2000 6 Stamp Tray
    7520-01-207-4194--Copy (Blue)
    7520-01-207-4196--Approved (Blue)
    7520-01-207-4202--Entered (Blue)
    7520-01-207-4204--Priority (Red)
    7520-01-207-4205--Expedite (Red)
    7520-01-207-4206--Special (Red)
    7520-01-207-4207--Posted (Red)
    7520-01-207-4209--File (Red)
    7520-01-207-4211--Draft (Black)
    7520-01-207-4212--Copy for your Information (Red)
    7520-01-207-4213--Official (Red)
    7520-01-207-4216--Urgent (Red)
    7520-01-207-4222--Original (Blue)
    7520-01-207-4228--Cancelled (Blue)
    7520-01-207-4231--Received (Red)
    7520-01-207-4242--Unclassified (Red)
NPA: The Arbor School, Houston, Texas.
Contracting Activity: Office Supplies & Paper Products Acquisition 
Center, New York, NY.
    This action does not affect current contracts awarded prior to the 
effective date of this addition or options that may be exercised under 
those contracts.


G. John Heyer,
General Counsel.
[FR Doc. E5-5647 Filed 10-13-05; 8:45 am]

BILLING CODE 6353-01-P