[Federal Register Volume 62, Number 70 (Friday, April 11, 1997)]
[Notices]
[Pages 17781-17782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9406]


-----------------------------------------------------------------------

COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED


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 service to be 
furnished by nonprofit agencies employing persons who are blind or have 
other severe disabilities.

EFFECTIVE DATE: May 12, 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 August 23, 1996, the Committee for 
Purchase From People Who Are Blind or Severely Disabled published 
notice (61 F.R. 43523) of proposed addition to the Procurement List. 
Comments were received from a contractor whose contract to perform this 
service was terminated for default on March 19, 1997. The contractor 
suggested that loss of this contract would have a severe impact on its 
sales. The contractor also asserted that this service was not 
appropriate for people with severe disabilities because the buildings 
are not accessible to them, some of the work involves high climbing and 
use of hazardous materials, and the facility experiences daily 
unscheduled evacuations and venting of hazardous substances. The 
contractor attached letters from eight persons familiar with the 
facility to support its contentions. The contractor claimed that 
addition of this service to the Procurement List would put a lot of 
people with families out of jobs, and that many of these people are 
from socially disadvantaged groups.
    The contractor was terminated for default after it informed the 
Government contracting activity that it was terminating its employees 
immediately, having failed to pay them because the Internal Revenue 
Service (IRS) is enforcing a levy for long-term failure by the 
contractor to pay employment taxes. IRS has also seized the vehicles 
the contractor used to perform the service. A debarment of the 
contractor for Service Contract Act violations is pending final review 
at the Department of Labor. The Government contracting

[[Page 17782]]

activity determined the contractor nonresponsible for extensions of its 
contract to perform the service, shortly before the contractor's 
actions made the default termination necessary.
    By its own actions, the contractor lost its contract to perform 
this janitorial service and has excluded itself from future contracts. 
Consequently, the Committee has concluded that the addition of the 
service to the Procurement List will not be the cause of any severe 
adverse impact on the contractor. Similarly, loss of jobs for the 
contractor's employees has occurred because of the contractor's 
actions, not the Committee's.
    Most of the concerns over capability of people with severe 
disabilities to perform the janitorial service relate to special areas 
called ``clean rooms,'' which have been removed from the contract 
requirements for the service as it will be performed by the nonprofit 
agency. In addition, the nonprofit agency is experienced in performing 
services at the same and a neighboring Government installation, in 
buildings which are no more accessible to people with severe 
disabilities than those involved in this janitorial service. Many 
people with severe disabilities have the agility and other abilities 
required to work safely on this service. Accordingly, the Committee has 
concluded that the nonprofit agency is capable of performing the 
service.
    After consideration of the material presented to it concerning 
capability of qualified nonprofit agencies to provide the service and 
impact of the addition on the current or most recent contractors, the 
Committee has determined that the service listed below is 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 service to the 
Government.
    2. The action will not have a severe economic impact on current 
contractors for the service.
    3. The action will result in authorizing small entities to furnish 
the service to the Government.
    4. 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 service proposed for addition to the 
Procurement List.
    Accordingly, the following service is hereby added to the 
Procurement List:

Janitorial/Custodial
Cape Canaveral Air Station and Annexes
Cape Canaveral, Florida

    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. 97-9406 Filed 4-10-97; 8:45 am]
BILLING CODE 6353-01-P