67350 Federal Register / Vol. 60, No. 250 / Friday, December 29, 1995 / Notices

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.

SUMMARY: This action adds to the

Procurement List mimeograph and

duplicating paper to be furnished by

nonprofit agencies employing persons

who are blind or have other severe

disabilities.

EFFECTIVE DATE: January 29, 1996.

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

September 22, 1995, the Committee for

Purchase From People Who Are Blind

or Severely Disabled published notice

(60 F.R. 49263) of proposed addition to

the Procurement List.

Comments were received from a

lawyer representing the current

contractor for this mimeograph and

duplicating paper. The lawyer claimed

that addition of the paper to the

Procurement List would violate the

Committee’s statute, the Javits-WagnerO’Day (JWOD) Act, 41 U.S.C. 46–48c,

because the fair market price established

for the paper could not meet what the

lawyer claimed to be the accepted legal

meaning of that term, which is

essentially the lowest possible price on

which a buyer and seller could agree for

the item in question.

The JWOD Act considers the

determination of whether a commodity

or service is suitable for addition to the

Procurement List to be a separate

Committee function from the

establishment and modification as

conditions change of a fair market price

for the commodity or service. 41 U.S.C.

47 (a) & (b). The statutory requirement

to use the informal rulemaking

procedure set forth in 5 U.S.C. 553

applies only to the addition decision,

and not the determination of a fair

market price. This point was

emphasized in a court decision which

led to a 1994 revision of the

Committee’s regulations in this area.

Consequently, the lawyer’s claim is not

one which the Committee is required to

consider in making a decision to add

mimeograph and duplicating paper to

the Procurement List.

The suitability factors which the

Committee considers in adding

commodities and services to the

Procurement List are set forth in its

regulations at 41 CFR 51–2.4. The

lawyer has attempted to link his pricing

argument to one of these factors,

capability of the designated nonprofit

agency to produce a commodity, by

claiming that this factor requires the

nonprofit agency to demonstrate a

capability to produce the commodity at

what the lawyer considers to be a fair

market price.

The lawyer relied on an obsolete and

ambiguous formulation of the

Committee’s suitability regulation to

make the connection between nonprofit

agency capability and fair market price.

The Committee revised its regulation in

1991 to remove this ambiguous

language. As the lawyer has been

informed, the Committee has never

agreed with the interpretation he placed

on the regulation.

In addition, the Committee does not

believe that its discretion in setting fair

market prices is as limited as the lawyer

claimed. In a second comment letter, the

lawyer admitted that his point was that

‘‘fair market price’’ must have an

objective meaning rather than

permitting the Committee to be totally

arbitrary in setting prices, and that the

objective meaning left room for some

discretion. His difference with the

Committee is thus over the extent of the

Committee’s discretion to set prices.

The Committee believes that the JWOD

Act and its legislative history allow for

the discretion which the Committee

exercises in setting prices under its fair

market pricing policy. The initial fair

market prices established for the

mimeograph and duplicating paper are

in accord with this policy.

After consideration of the material

presented to it concerning capability of

qualified nonprofit agencies to provide

the commodities, fair market price, and

impact of the addition on the current or

most recent contractors, the Committee

has determined that the commodities

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

commodities to the Government.

2. The action will not have a severe

economic impact on current contractors

for the commodities.

3. The action will result in

authorizing small entities to furnish the

commodities 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

proposed for addition to the

Procurement List.

Accordingly, the following

commodities are hereby added to the

Procurement List:

Paper, Mimeograph and Duplicating

7530–00–234–7169

7530–00–285–3070

7530–00–364–3035

7530–00–286–6178

7530–01–072–2533

7530–01–074–1832

7530–00–213–7125

7530–00–221–0805

7530–00–224–6754

7530–00–239–9747

7530–00–253–0986

7530–01–037–5555

7530–01–072–2534

7530–01–240–4768

This action does not affect current

contracts awarded prior to the effective

date of this addition or options

exercised under those contracts.

Beverly L. Milkman,

Executive Director.

[FR Doc. 95–31493 Filed 12–28–95; 8:45 am]

BILLING CODE 6820–33–P

Procurement List Additions

AGENCY: Committee for Purchase From

People Who Are Blind or Severely

Disabled.

ACTION: Additions to the procurement

list.

SUMMARY: This action adds to the

Procurement List commodities to be

furnished by nonprofit agencies

employing persons who are blind or

have other severe disabilities.

EFFECTIVE DATE: January 29, 1996.

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

November 3 and 13, 1995, the

Committee for Purchase From People

Who Are Blind or Severely Disabled

published notices (60 F.R. 55835 and

56988) of proposed additions to the

Procurement List. After consideration of
Federal Register / Vol. 60, No. 250 / Friday, December 29, 1995 / Notices 67351

the material presented to it concerning

capability of qualified nonprofit

agencies to provide the commodities,

fair market price, and impact of the

additions on the current or most recent

contractors, the Committee has

determined that the commodities 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

commodities to the Government.

2. The action will not have a severe

economic impact on current contractors

for the commodities.

3. The action will result in

authorizing small entities to furnish the

commodities 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

proposed for addition to the

Procurement List.

Accordingly, the following

commodities are hereby added to the

Procurement List:

Military Resale Commodity

Pad, Scouring, M.R. 561

Commodities

Cord Assembly, Elastic, 4020–01–072–

4557

Shape, Day Maritime, 8345–01–101–

1101

This action does not affect current

contracts awarded prior to the effective

date of this addition or options

exercised under those contracts.

Beverly L. Milkman,

Executive Director.

[FR Doc. 95–31494 Filed 12–28–95; 8:45 am]

BILLING CODE 6820–33–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

a commodity 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: January 29, 1996.

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 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

commodity and services to the

Government.

2. The action does not appear to have

a severe economic impact on current

contractors for the commodity and

services.

3. The action will result in

authorizing small entities to furnish the

commodity 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 commodity 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 commodity and

services have been proposed for

addition to Procurement List for

production by the nonprofit agencies

listed:

Commodity

Bag, Plastic, 8105–01–150–6256

NPA: Wichita Industries and Services

for the Blind, Wichita, Kansas at its

facility in Pittsburg, Kansas

Services

Assembly of Backpack Pump Outfit

(4320–00–289–8912)

General Services Administration,

Region 7, Fort Worth, Texas

NPA: Expanco, Inc., Fort Worth, Texas

Grounds Maintenance, Department of

Veterans Affairs, Medical Center, 801

South Marion Street, Lake City,

Florida

NPA: CARC-Advocates for Citizens with

Disabilities, Lake City, Florida

Janitorial/Custodial, Social Security

Administration, Metro West Complex,

300 North Greene Street, Baltimore,

Maryland

NPA: The Chimes, Inc., Baltimore,

Maryland

Janitorial/Custodial, Basewide, Fort

Indiantown Gap, Annville,

Pennsylvania

NPA: UCP of Schuylkil, Carbon and

Northumberland Counties, Pottsville,

Pennsylvania

Beverly L. Milkman,

Executive Director.

[FR Doc. 95–31495 Filed 12–28–95; 8:45 am]

BILLING CODE 6820–33–P

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Docket Nos. ER95–1543–002, ER95–764–

003, and EL96–20–000]

Illinois Power Company; Notice of

Initiation of Proceeding and Refund

Effective Date

December 26, 1995.

Take notice that on December 20,

1995, the Commission issued an order

in the above-indicated dockets initiating

a proceeding in Docket No. EL96–20–

000 under section 206 of the Federal

Power Act.

The refund effective date in Docket

No. EL96–20–000 will be 60 days after

publication of this notice in the Federal

Register.

Lois D. Cashell,

Secretary.

[FR Doc. 95–31484 Filed 12–28–95; 8:45 am]

BILLING CODE 6717–01–M

[Docket Nos. ER96–108–000, ER96–109–

000, ER96–110–000, and ER95–760–000]

Duke/Louis Dreyfus L.L.C., Duke

Energy Marketing Corp., and Duke

Power Company; Notice of Issuance of

Order

December 26, 1995.

Duke Power Company (Duke) has

filed two proposed open access