5796 Federal Register / Vol. 62, No. 26 / Friday, February 7, 1997 / Notices

Administrative Services

General Services Administration, PBS,

Pacific Rim Region, 450 Golden Gate

Avenue, San Francisco, California

Disposal Support Services

Defense Reutilization and Marketing Office,

Hill Air Force Base, Utah

Janitorial/Custodial, Chicago Air Route

Traffic Control Center, 619 W. Indian

Trail Road, Aurora, Illinois

Janitorial/Custodial, O’Hare International

Airport, O’Hare Air Traffic Control

Tower, Chicago, Illinois

Janitorial/Custodial, Bell Hall, Building 111,

Fort Leavenworth, Kansas

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.

Beverly L. Milkman,

Executive Director.

[FR Doc. 97–3110 Filed 2–6–97; 8:45 am]

BILLING CODE 6353–01–P

Procurement List; Addition

AGENCY: Committee for Purchase From

People Who Are Blind or Severely

Disabled.

ACTION: Addition to the procurement

list.

SUMMARY: This action adds to the

Procurement List a commodity to be

furnished by nonprofit agencies

employing persons who are blind or

have other severe disabilities.

EFFECTIVE DATE: March 10, 1997.

ADDRESSES: Committee for Purchase

From People Who Are Blind or Severely

Disabled, Crystal Square 3, Suite 403,

1735 Jefferson Davis Highway,

Arlington, Virginia 22202–3461.

FOR FURTHER INFORMATION CONTACT:

Beverly Milkman (703) 603–7740.

SUPPLEMENTARY INFORMATION: On

October 25, 1996, the Committee for

Purchase From People Who Are Blind

or Severely Disabled published notice

(61 F.R. 55268) of proposed addition to

the Procurement List. Comments were

received from both current contractors

for the cord and from a small

disadvantaged business which is in the

industry. One of the current contractors

indicated that it supplies a substantial

amount of the cord to the Government,

but it also supplies many other cords to

nonprofit agencies participating in the

Committee’s Javits-Wagner-O’Day

(JWOD) Program, so it does not oppose

the addition of this cord to the

Procurement List. The small

disadvantaged business indicated that it

had asked for the cord to be set aside for

the Small Business Administration’s

8(a) Program, in which it participates,

rather than the JWOD Program, but the

Government contracting activity has

informed the Committee that the cord is

not involved in the 8(a) Program.

The other current contractor indicated

that it is a small business and the actual

manufacture of the cord is done by a

division which would be severely

impacted by the addition of the cord to

the Procurement List as the company

might discontinue the division because

of the loss of sales. If this happened, the

Government would lose one of a small

number of manufacturers of this cord.

The contractor also questioned the

ability of people who are blind to

perform the operations necessary to

manufacture the cord to Government

specifications. The contractor also

expressed its understanding that the

nonprofit agency would merely serve as

a warehouse for manufactured cord

from another supplier, and questioned

how the nonprofit agency would meet

the Committee’s statutory direct labor

requirement.

The nonprofit agency will not be

making the cord, so the concerns over

the ability of people who are blind to

perform cordmaking operations are not

relevant to the Committee’s decision.

The nonprofit agency will, however, be

doing far more than warehousing the

cord. It will receive bulk shipments of

the cord and wind the required amount

on spools, label and wrap the spools

and package them for shipment, as well

as perform warehousing and shipping

functions. These activities create

considerable work for people who are

blind, as opposed to the cord

manufacturing operations which are

largely machine operations.

The contractor interprets the statutory

direct labor requirement as requiring

that at least 75 percent of the total direct

labor required to manufacture the cord

must be done by people who are-3-

blind. The Committee’s interpretation,

which has been upheld by a court

decision, HLI Lordship Industries, Inc.

v. Committee for Purchase From the

Blind and Other Severely Handicapped,

615 F. Supp. 970, 975 (E.D. Va. 1985),

is that the requirement applies to the

direct labor done by the nonprofit

agency. In this case, the nonprofit

agency has indicated that all of the

direct labor, and some of the indirect

labor, will be performed by people who

are blind.

The Committee’s rationale for looking

to a total corporate entity as the current

contractor for impact analysis rather

than an individual division that is

performing the contract is that the

corporation has the ability to shift its

assets among divisions and thus

mitigate the impact of a Procurement

List addition on a specific division. In

a supplemental comment, this

contractor challenged the application of

this rationale in the case of a small

business like itself and again raised the

possibility that it might have to close its

cord division if it did not have

Government sales of the cord along with

its own cord demands for the

parachutes the corporation produces.

Nonprofit agencies participating in

the JWOD Program are required by

Committee regulation to seek broad

competition for components used in

commodities furnished to the

Government. 41 CFR 51–4.4(a).

Nonprofit agencies are further required

to maximize their subcontracting for

components with other nonprofit

agencies and small businesses such as

this contractor. 41 CFR 51–4.4(b). In this

case, the nonprofit agency has been

instructed to assure that it will continue

to seek competition between existing

cord suppliers, including this

contractor. Accordingly, the contractor

will continue to have the opportunity to

sell its cord to the Government through

the nonprofit agency, which should

mitigate the possibility of closing its

cordmaking division and depriving the

Government of a source of supply for

this cord.

After consideration of the material

presented to it concerning capability of

qualified nonprofit agencies to provide

the commodity and impact of the

addition on the current or most recent

contractors, the Committee has

determined that the commodity listed

below are suitable for procurement by

the Federal Government under 41 U.S.C.

46–48c and 41 CFR 51–2.4.

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

commodity to the Government.

2. The action will not have a severe

economic impact on current contractors

for the commodity.

3. The action will result in

authorizing small entities to furnish the

commodity to the Government.

4. There are no known regulatory

alternatives which would accomplish

the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in

connection with the commodity

proposed for addition to the

Procurement List.
Federal Register / Vol. 62, No. 26 / Friday, February 7, 1997 / Notices 5797

Accordingly, the following

commodity is hereby added to the

Procurement List:

Cord, Nylon

4020–00–240–2146

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.

Beverly L. Milkman,

Executive Director.

[FR Doc. 97–3111 Filed 2–6–97; 8:45 am]

BILLING CODE 6353–01–P

Procurement List; Proposed Additions

AGENCY: Committee for Purchase From

People Who Are Blind or Severely

Disabled

ACTION: Proposed additions to

Procurement List

SUMMARY: The Committee has received

proposals to add to the Procurement List

commodities and services to be

furnished by nonprofit agencies

employing persons who are blind or

have other severe disabilities.

COMMENTS MUST BE RECEIVED ON OR

BEFORE: March 10, 1997.

ADDRESSES: Committee for Purchase

From People Who Are Blind or Severely

Disabled, Crystal Square 3, Suite 403,

1735 Jefferson Davis Highway,

Arlington, Virginia 22202–3461.

FOR FURTHER INFORMATION CONTACT:

Beverly Milkman (703) 603–7740.

SUPPLEMENTARY INFORMATION: This

notice is published pursuant to 41

U.S.C. 47(a)(2) and 41 CFR 51–2.3. Its

purpose is to provide interested persons

an opportunity to submit comments on

the possible impact of the proposed

actions.

If the Committee approves the

proposed additions, all entities of the

Federal Government (except as

otherwise indicated) will be required to

procure the commodities and services

listed below from nonprofit agencies

employing persons who are blind or

have other severe disabilities.

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

commodities and services to the

Government.

2. The action does not appear to have

a severe economic impact on current

contractors for the commodities and

services.

3. The action will result in

authorizing small entities to furnish the

commodities and services to the

Government.

4. There are no known regulatory

alternatives which would accomplish

the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in

connection with the commodities and

services proposed for addition to the

Procurement List.

Comments on this certification are

invited. Commenters should identify the

statement(s) underlying the certification

on which they are providing additional

information.

The following commodities and

services have been proposed for

addition to Procurement List for

production by the nonprofit agencies

listed:

Commodities

Floor Care Products

7930–00–NIB–0039 (GP Forward—Cleaner)

7930–00–NIB–0040

7930–00–NIB–0041

7930–00–NIB–0043 (Complete—Floor

Finish)

7930–00–NIB–0044

7930–00–NIB–0045

7930–00–NIB–0046 (Bravo—Polish

Remover)

7930–00–NIB–0047

7930–00–NIB–0048

7930–00–NIB–0049 (Snapback Spraybuff—

Restorer)

NPA: The Lighthouse of Houston, Houston,

Texas

Insignia, Embroidered, Tab, Shoulder Sleeve,

Army

8455–00–121–1315

NPA: Georgia Industries for the Blind,

Bainbridge, Georgia

Insignia, Embroidered, Marine PFC

8455–00–292–9558

NPA: Georgia Industries for the Blind,

Bainbridge, Georgia

Services

Grounds Maintenance, Wheeler Air Force

Base, Hawaii and Outlying Air Force

Installations

NPA: Lanakila Rehabilitation Center, Inc.,

Honolulu, Hawaii

Grounds Maintenance, Federal Bureau of

Investigation, Criminal Justice

Information Services Complex,

Clarksburg, West Virginia

NPA: Job Squad, Inc., Clarksburg, West

Virginia

Switchboard Operation, Department of

Veterans Affairs, New Jersey Health Care

System, Lyons, New Jersey

NPA: New Jersey Association for the DeafBlind, Inc Somerset, New Jersey

Beverly L. Milkman,

Executive Director.

[FR Doc. 97–3112 Filed 2–6–97; 8:45 am]

BILLING CODE 6353–01–P

DEPARTMENT OF COMMERCE

Bureau of Export Administration

Sensors and Instrumentation

Technical Advisory Committee;

Partially Closed Meeting

A meeting of the Sensors and

Instrumentation Technical Advisory

Committee will be held March 4, 1997,

9 a.m., in the Herbert C. Hoover

Building, Room 1617M–2, 14th Street

between Constitution and Pennsylvania

Avenues, N.W., Washington, DC. The

Committee advises the Office of the

Assistant Secretary for Export

Administration with respect to technical

questions that affect the level of export

controls applicable to sensors and

instrumentation equipment and

technology.

Agenda

General Session

1. Opening remarks by the Chairman.

2. Report on the status of The

Wassenaar Arrangement.

3. Discussion on the Encryption Reg.

4. Presentation of papers or comments

by the public.

Executive Session

5. Discussion of matters properly

classified under Executive Order 12958,

dealing with the U.S. export control

program and strategic criteria related

thereto.

The General Session of the meeting

will be open to the public and a limited

number of seats will be available. To the

extent that time permits, members of the

public may present oral statements to

the Committee. Written statements may

be submitted at any time before or after

the meeting. However, to facilitate

distribution of public presentation

materials to the Committee members,

the Committee suggests that presenters

forward the public presentation

materials two weeks prior to the

meeting date to the following address:

Ms. Lee Ann Carpenter, OAS/EA/BXA—

Room 3886C, U.S. Department of

Commerce, Washington, D.C. 20230.

The Assistant Secretary for

Administration, with the concurrence of

the General Counsel, formally

determined on December 13, 1995,

pursuant to section 10(d) of the Federal

Advisory Committee Act, as amended,

that the series of meetings of the

Committee and of any Subcommittees

thereof, dealing with the classified

materials listed in 5 U.S.C., 552b(c)(1)

shall be exempt from the provisions

relating to public meetings found in

section 10 (a)(1) and (a)(3), of the

Federal Advisory Committee Act. The