[Federal Register: December 1, 2006 (Volume 71, Number 231)]
[Notices]
[Page 69539-69540]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01de06-54]
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COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED
Procurement List; Additions and Deletions
AGENCY: Committee for Purchase From People Who Are Blind or Severely
Disabled.
ACTION: Additions to and Deletions from Procurement List.
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SUMMARY: This action adds to the Procurement List a service to be
furnished by nonprofit agencies employing persons who are blind or have
other severe disabilities, and deletes from the Procurement List
services previously furnished by such agencies.
DATES: Effective Date: January 7, 2007.
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 CMTEFedReg@jwod.gov.
SUPPLEMENTARY INFORMATION:
Additions
On September 29, 2006, the Committee for Purchase From People Who
Are Blind or Severely Disabled published notice (71 FR 57464 ) of
proposed additions to the Procurement List.
After consideration of the material presented to it concerning
capability of qualified nonprofit agencies to provide the services and
impact of the additions on the current or most recent contractors, the
Committee has determined that the services listed below are suitable
for procurement by the Federal Government under 41 U.S.C. 46-48c and 41
CFR 51-2.4.
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 services to the
Government.
2. The action will result in authorizing small entities to furnish
the services 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 services proposed for addition to the
Procurement List.
End of Certification
Accordingly, the following service is added to the Procurement
List:
Services
Service Type/Location: Full Food Service, FBI & Drug Enforcement
Administration Training Academies, Quantico, VA.
NPA: ServiceSource, Inc., Alexandria, VA.
Contracting Activity: Federal Bureau of Investigation, Dept of Justice,
Washington, DC.
Comments were received for the above addition from an association
which represents State licensing agencies for the Randolph-Sheppard
program (SLAs) and from the Virginia SLA. The association stated that
the Committee's proposal to add full food service at the FBI and DEA
training academies in Quantico, VA to the Procurement List is a
violation of the Randolph-Sheppard Act, 20 U.S.C. 107 et seq., which
the association believes establishes a ``mandatory priority'' for blind
vendors to provide food services on Federal property.
The documentation submitted to the Committee as a basis for this
proposed addition to the Procurement List included a document from the
FBI which enclosed a statement from the Virginia SLA indicating that
the SLA had reviewed the statement of work for the food service and was
``not interested in submitting a proposal for these operations.'' The
Committee's program is well known to the Virginia SLA and the rest of
the Randolph-Sheppard community, and the FBI, the Committee, and the
other parties involved in developing this proposed addition to the
Procurement List all regarded the Virginia SLA's statement as a knowing
waiver of the Randolph-Sheppard priority. Relying on this waiver, the
Committee's nonprofit community selected a nonprofit agency to provide
the food service. That nonprofit agency has gone to considerable
trouble and expense to prepare to provide the food service, which will
generate employment for a substantial number of people with severe
disabilities.
In the Virginia SLA's comment on the proposed addition, the same
State official who earlier waived the Randolph-Sheppard priority now
says that should the FBI offer to directly negotiate a contract for the
food service with the SLA or publish a solicitation
[[Page 69540]]
for the food service, the SLA ``may'' exercise its right to respond.
The State official expressed surprise that the FBI had not offered to
negotiate or solicit a contract after the SLA waived the Randolph-
Sheppard priority.
According to the SLA comment, the FBI indicated that it considered
the SLA's earlier waiver of its priority to be final, which would
explain why no subsequent offer to negotiate or solicit for the food
service was forthcoming. The Committee believes that allowing the SLA
to ignore its own priority waiver at this late hour, when a capable
nonprofit agency is ready to create many jobs by providing this food
service and the SLA has identified no blind vendor ready and able to
serve as an alternative provider, could not have been the intent of the
Randolph-Sheppard Act. In the absence of the Randolph-Sheppard
priority, the Committee sees no bar to adding the food service to the
Procurement List.
Deletions
On September 29, 2006, the Committee for Purchase From People Who
Are Blind or Severely Disabled published notice (70 FR 57464; 57465) of
proposed deletions to the Procurement List.
After consideration of the relevant matter presented, the Committee
has determined that the services listed below are no longer suitable
for procurement by the Federal Government under 41 U.S.C. 46-48c and 41
CFR 51-2.4.
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 may result in additional reporting, recordkeeping or
other compliance requirements for small entities.
2. The action may result in authorizing small entities to furnish
the services 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 services deleted from the Procurement List.
End of Certification
Accordingly, the following services are deleted from the
Procurement List:
Services
Service Type/Location: Custodial Services, Denver Federal Center
(Buildings 41, 44, and 48), Denver, CO.
NPA: Aspen Diversified Industries, Inc., Colorado Springs, CO.
Contracting Activity: GSA, PBS Region 8, Denver, CO.
Service Type/Location: Janitorial/Custodial, Federal Records Center and
USDA Laboratory, East Point, GA.
NPA: WORKTEC, Jonesboro, GA.
Contracting Activity: GSA, PBS.
Service Type/Location: Janitorial/Grounds and Related Services, Motor
Pool Office and Garage, 450 N. Grande, Tucson, AZ.
NPA: Beacon Group SW, Inc., Tucson, AZ.
Contracting Activity: GSA, PBS--9PMFC, San Francisco, CA.
Service Type/Location: Repair of Small Hand Tools, Robins Air Force
Base, Robins AFB, GA.
NPA: Epilepsy Association of Georgia, Warner Robins, GA.
Contracting Activity: Department of the Air Force.
Sheryl D. Kennerly,
Director, Information Management.
[FR Doc. E6-20364 Filed 11-30-06; 8:45 am]
BILLING CODE 6353-01-P