[Federal Register Volume 75, Number 63 (Friday, April 2, 2010)]
[Notices]
[Pages 16755-16757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7480]
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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 product and
services to be furnished by nonprofit agencies employing persons who
are blind or have other severe disabilities, and deletes from the
Procurement List products previously furnished by such agencies.
DATES: Effective Date: May 3, 2010.
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: Barry S. Lineback, Telephone: (703)
603-7740, Fax: (703) 603-0655, or e-mail [email protected].
SUPPLEMENTARY INFORMATION:
Additions
On 1/15/2010 (75 FR 2510) and 2/5/2010 (75 FR 5970-5971), the
Committee for Purchase From People Who Are Blind or Severely Disabled
published notices of proposed additions to the Procurement List.
The Committee for Purchase From People Who Are Blind or Severely
Disabled (Committee) operates pursuant to statutory and regulatory
requirements. Committee decisions regarding which items are suitable
for addition to the Procurement List are specifically guided by 41 CFR
Chapter 51. This regulation states that for a commodity or service to
be suitable for addition to the Procurement List, each of the following
criteria must be satisfied: Employment potential, nonprofit agency
qualifications, capability, and level of impact on the current
contractor for the commodity or service. In response to its Notice of
Proposed Procurement List Addition, the Committee received comments
from five parties relating to the fourth criterion, level of impact.
Comments were received from the incumbent contractor for the
facilities management requirement at Fort Lewis, WA. The firm stated
that addition of this service to the Procurement List is inconsistent
with the Javits-Wagner-O'Day Act policy regarding contracts
[[Page 16756]]
currently held within the SBA 8(a) Program. The firm stated that
placing this service on the Procurement List would result in ``severe
adverse impact'' and is thus not suitable for addition. The incumbent
contractor also asserted that such an action would seem to be contrary
to the Regulatory Flexibility Act as it relates to ``small entities.''
The Committee has considered these comments. The Committee has
documentation from the contracting activity showing that the Fort Lewis
requirement awarded to the incumbent contractor was explicitly
restricted to a one (1) year acquisition and was not permanently placed
into the 8(a) Program. Under Committee procedures, this service is
eligible for consideration to be added to the Procurement List. The
financial information presented by the contractor and calculated
according to Committee practice during its impact analysis did not
indicate that it would result in ``severe adverse impact'' under
Committee regulations at 41 CFR 51-2.4(a)(4). The contractor was
notified of the preliminary determination that impact was not severe in
April 2009. In light of this notification, coupled with the contracting
activity's communication that the requirement would be limited to one
year, the incumbent contractor could not have had a reasonable
expectation of further awards or contract option years. The Committee
continues to find the proposed action to be consistent with the
Regulatory Flexibility Act (RFA) because the particular service being
considered for addition to the Procurement List will be provided by
qualified nonprofit agencies (or ``small entities'' under the RFA)
employing people who are blind or with other significant disabilities.
Comments were also received from the South Carolina District Office
of the Small Business Administration, the National Association of Small
Disadvantaged Businesses, and two contractors who perform similar work
at another Army installation. Their comments also raise the SBA 8(a)
program issue and the negative impact of removing this project from the
8(a) Program.
The Committee has considered these comments. Information provided
by the contracting activity states that the ongoing requirement at Fort
Lewis was not permanently placed under the SBA 8(a) program and is
eligible for consideration to be added to the Procurement List. The
requirement for comparable services at McChord AFB is currently
performed by a contractor that has graduated from the SBA 8(a) program.
In accordance with Committee practice, the requirement is eligible for
consideration to be added to the Procurement List at this juncture. The
Committee's action will not affect the McChord AFB contractor's ability
to continue to perform the services until expiration of its contract.
When passing the Javits-Wagner-O'Day Act, Congress understood the
importance of using the federal procurement process as a means of
providing employment opportunities for people who are blind or with
other severe disabilities. The proposed addition of this project to the
Procurement List will guarantee the creation of jobs for people with
severe disabilities, a group whose unemployment rate has been estimated
to be approaching 70%. Having reviewed all material information
regarding the suitability of this project for the AbilityOne Program,
the Committee has determined that the Joint Base Lewis-McChord
facilities management service is suitable for addition to the
Procurement List.
After consideration of the material presented to it concerning
capability of qualified nonprofit agencies to provide a product and
services and impact of the additions on the current or most recent
contractors, the Committee has determined that the product and 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 product and services
to the Government.
2. The action will result in authorizing small entities to furnish
the product and 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 product and services proposed for addition
to the Procurement List.
End of Certification
Accordingly, the following product and services are added to the
Procurement List:
Product
NSN: 2090-00-372-6064--Repair Kit, Standard.
NPA: Mid-Valley Rehabilitation, Inc., McMinnville, OR.
Contracting Activity: Defense Logistics Agency, Defense Supply
Center Columbus, Columbus, OH.
Coverage: C-List for the requirements for the Defense Supply Center
Columbus, Columbus, OH.
Services
Service Type/Location: Base Supply Center, Defense Supply Center
Columbus, 3990 E. Broad Street, Columbus, OH.
NPA: Associated Industries for the Blind, Milwaukee, WI.
Contracting Activity: Defense Logistics Agency, Defense Supply
Center Columbus, Columbus, OH.
Service Type/Location: Facilities Management, First Sergeants
Barracks, Joint Base Lewis-McChord, WA.
NPA: Professional Contract Services, Inc., Austin, TX.
Contracting Activity: Dept. of the Army, XR W6BA ACA, Mission and
Installation Contracting Command, Ft. Lewis, WA.
Deletions
On 2/5/2010 (75 FR 5970-5971), the Committee for Purchase From
People Who Are Blind or Severely Disabled published notice of proposed
deletions from the Procurement List.
After consideration of the relevant matter presented, the Committee
has determined that the products 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 will not result in additional reporting,
recordkeeping or other compliance requirements for small entities.
2. The action may 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 deleted from the Procurement List.
End of Certification
Accordingly, the following products are deleted from the
Procurement List:
Products
Inkjet Cartridge
NSN: 7510-01-544-0833
NSN: 7510-01-544-0819
NSN: 7510-01-539-9836
NSN: 7510-01-544-0836
NSN: 7510-01-544-0830
[[Page 16757]]
NSN: 7510-01-539-9837
NSN: 7510-01-544-0832
NSN: 7510-01-544-0820
NSN: 7510-01-539-9842
NSN: 7510-01-544-0835
NSN: 7510-01-544-0826
NSN: 7510-01-539-9838
NSN: 7510-01-544-0837
NSN: 7510-01-544-0825
NSN: 7510-01-539-9834
NSN: 7510-01-544-0823
NSN: 7510-01-544-0831
NSN: 7510-01-544-1733
NSN: 7510-01-544-0829
NSN: 7510-01-544-0839
NSN: 7510-01-544-0838
NSN: 7510-01-544-0827
NPA: Alabama Industries for the Blind, Talladega, AL.
Contracting Activity: GSA/FSS OFC SUP CTR--Paper Products, New York,
NY
NSN: 6230-01-513-3265--Flashlight, Aluminum, 2D, Blue
NSN: 6230-01-513-3268--Flashlight, Aluminum, 2D, Red
NSN: 6230-01-513-3279--Flashlight, Aluminum, 4D, Red
NPA: Central Association for the Blind & Visually Impaired, Utica,
NY.
Contracting Activity: GSA/FSS OFC SUP CTR--Paper Products, New York,
NY.
Barry S. Lineback,
Director, Business Operations.
[FR Doc. 2010-7480 Filed 4-1-10; 8:45 am]
BILLING CODE 6353-01-P