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[Federal Register: June 25, 2010 (Volume 75, Number 122)]
[Notices]               
[Page 36362-36363]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jn10-32]                         

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COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED

 
Procurement List Additions

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

ACTION: Additions to the Procurement List.

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

DATES: Effective Date: June 26, 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: Patricia Briscoe, Telephone: (703) 
603-7740, Fax: (703) 603-0655, or e-mail CMTEFedReg@AbilityOne.gov.

SUPPLEMENTARY INFORMATION:

Additions

    On 1/22/2010 (75 FR 3714); 3/19/2010 (75 FR 13263-13264); 4/9/2010 
(75 FR 18164-18165); and 4/30/2010 (75 FR 22744-22745), the Committee 
for Purchase From People Who Are Blind or Severely Disabled published 
notices of proposed additions to the Procurement List.

Glove, Mechanic's

    A commercial company submitted comments objecting to the proposed 
addition. The comments from the company states that they manufacture 
gloves they claim ``could be considered similar'' to the gloves 
identified in the notice of proposed addition to the Procurement List. 
The company asserts that the nonprofit agency identified to produce the 
gloves described in the proposed Procurement List addition notice also 
packages and distributes other gloves in a manner which may violate 
certain federal statutes. The company asserts that the packaging and 
distribution of already manufactured products adds minimal value and 
does not constitute substantial transformation of the product 
sufficient to place the item on the Procurement List.
    In this instance, the description of the work performed by the 
nonprofit agency sufficiently describes the actions the employees who 
are blind or have other severe disabilities will perform in order to 
provide the gloves to the government. The remaining claims of the 
company are speculative in nature and not related to the particular 
product being considered by the Committee. Nonetheless, the nonprofit 
agency provided a letter that certifies its intent to provide the 
mechanic's gloves in compliance with the Acts cited by CamelBak in its 
correspondence to the Committee. Therefore, in accordance with its 
statutory and regulatory obligations, the Committee has evaluated this 
project and determined it suitable for addition to the Procurement 
List.

Gloves, Impact

    The Committee for Purchase From People Who Are Blind or Severely 
Disabled (Committee) operates pursuant to statutory and regulatory 
requirements. Committee regulations 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.
    A commercial company submitted comments objecting to the proposed 
addition. The comments from the company states that they manufacture 
gloves they claim ``could be considered similar'' to the gloves 
identified in the notice of proposed addition to the Procurement List. 
The company asserts that the nonprofit agency identified to produce the 
gloves described in the proposed Procurement List addition notice, also 
packages and distributes other gloves in a manner which may violate the 
Trade Agreement Act. The company further states that the subject gloves 
may be manufactured in

[[Page 36363]]

Bangladesh of non-U.S. components and, therefore, the packaging of the 
subject gloves by the designated nonprofit does not constitute 
substantial transformation and thus is a misuse of the Procurement List 
addition process.
    The Committee's responsibility under the Javits-Wagner-O'Day Act 
(41 U.S.C. 46-48c) is to promote employment opportunities for people 
who are blind or with other severe disabilities that have an 
unemployment rate far above people without severe disabilities. In this 
instance, the description of the work performed by the nonprofit 
agency, where they will obtain their raw materials, and the actual 
sewing and packaging process they will provide, sufficiently describes 
the actions the employees who are blind or have other severe 
disabilities will perform in order to provide the gloves to the 
government. The claims of the company are speculative in nature and not 
related to the particular product being considered by the Committee. 
Nonetheless, the nonprofit agency provided a letter that certifies its 
intent to provide the impact gloves in compliance with the Acts cited 
by CamelBak in its correspondence to the Committee.
    The Committee followed its regulatory requirements in considering 
this project and has determined that this project is suitable for 
addition to the Procurement List. Addition of this project to the 
Procurement List will result in employment for people who are blind or 
have other severe disabilities.

Dining Facility Attendant Service and Cook Support, Joint Base Lewis-
McChord, WA

    The Committee for Purchase From People Who Are Blind or Severely 
Disabled (Committee) operates pursuant to statutory and regulatory 
requirements. Committee decisions on what items are suitable for 
addition to the Procurement List (PL) are specifically guided by 
regulations in 41 CFR Chapter 51. In order for a commodity or service 
to be suitable for addition to the PL, 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.
    The specific service in this instance is dining facility attendant 
service and cook support at Joint Base Lewis and McChord (JBLM). 
Currently there are 3 food service contracts in place for Fort Lewis 
and McChord AFB. Only one of those is a full food service contract 
under the Randolph-Sheppard Act and awarded through the WDSB--the full 
food service contract for Fort Lewis. The remaining 2 contracts are for 
dining facility attendants at Fort Lewis and McChord, and are not under 
the Randolph-Sheppard Act. Additionally, these contracts were not 
awarded through WDSB. This proposed PL Addition includes only dining 
facility attendant service and cook support at JBLM. It does not 
include the full food service contract in place at Fort Lewis that is 
in the Randolph-Sheppard Act program and awarded through WDSB. 
Therefore, the proposed addition does not violate section 856 of the 
FY2007 NDAA.
    Committee members, having considered the comments from WSDB, NFB, 
and the current contractor regarding the full food service contract, 
have determined that this proposed addition of dining facility 
attendant service and cook support at JBLM meets the Committee 
statutory and regulatory requirements and will be added to the 
Procurement List.
    After consideration of the material presented to it concerning 
capability of qualified nonprofit agencies to provide the products and 
services and impact of the additions on the current or most recent 
contractors, the Committee has determined that the products 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 products and 
services to the Government.
    2. The action will result in authorizing small entities to furnish 
the products 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 products and services proposed for addition 
to the Procurement List.

End of Certification

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

Products

Glove, Mechanic's

NSN: 8415-01-501-1557--Extra-Extra-Large, Black--1 PR
NSN: 8415-01-497-5987--Extra-Large, Black--1 PR
NSN: 8415-01-497-5389--Black, Large--1 PR
NSN: 8415-01-497-5384--Medium, Black--1 PR
NSN: 8415-01-497-5381--Small, Black--1 PR

Gloves, Impact

NSN: 8415-01-498-4968--Extra-Extra-Large, Black
NSN: 8415-01-498-4966--Extra-Large, Black
NSN: 8415-01-498-8180--Large, Black
NSN: 8415-01-498-4964--Medium, Black
NSN: 8415-01-497-7265--Small, Black
NPA: South Texas Lighthouse for the Blind, Corpus Christi, TX.
Contracting Activity: Department of Veterans Affairs, NAC, Hines, 
IL.
Coverage: C-List for 100% of the requirements for the Department of 
Veterans Affairs, National Acquisition Center, Hines, IL.

Services

Service Type/Location: Janitorial Service, Marine Corp Base Hawaii, 
Bldgs 6036, 6677 and Hangers 103 and 104, Kaneohe Bay, HI.
NPA: Opportunities for the Retarded, Inc., Wahiawa, HI.
Contracting Activity: Dept of the Navy, NAVFAC Engineering Command, 
Hawaii, Pearl Harbor, HI.

Service Type/Location: Dining Facility Attendant Service and Cook 
Support, Joint Base Lewis-McChord, WA.
NPA Prime Contractor: Lakeview Center, Pensacola, FL.
NPA Subcontractor: Goodwill Contracting Services Inc., Tacoma, WA.
Contracting Activity: Mission & Installation Contracting Command 
Center-Fort Knox (MICC CEN-FTK), Ft Knox, KY.

Patricia Briscoe,
Deputy Director, Business Operations.

[FR Doc. 2010-15488 Filed 6-24-10; 8:45 am]
BILLING CODE 6353-01-P
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