```

[Federal Register: April 2, 2010 (Volume 75, Number 63)]
[Notices]               
[Page 16755-16757]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ap10-54]                         

=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 CMTEFedReg@AbilityOne.gov.

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
```