7508 Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Notices 

305(c) of the Magnuson-Stevens Fishery 

Conservation and Management Act, 

provided the public has been notified of 

the intent to take final action to address 

the emergency. 

Special Accommodations 

The public listening station is 

physically accessible to people with 

disabilities. Requests for sign language 

interpretation or other auxiliary aids 

should be directed to Mr. Kris 

Kleinschmidt at (503) 820–2425 at least 

5 days prior to the meeting date. 

Dated: February 9, 2016. 

Tracey L. Thompson, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2016–02933 Filed 2–11–16; 8:45 am] 

BILLING CODE 3510–22–P 

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 

the procurement list. 

SUMMARY: This action adds products and 

a service to the Procurement List that 

will be furnished by nonprofit agencies 

employing persons who are blind or 

have other severe disabilities, and 

deletes products from the Procurement 

List previously furnished by such 

agencies. 

DATES: Effective Date: 3/13/2016. 

ADDRESSES: Committee for Purchase 

From People Who Are Blind or Severely 

Disabled, 1401 S. Clark Street, Suite 

715, Arlington, Virginia, 22202–4149. 

FOR FURTHER INFORMATION CONTACT: 

Barry S. Lineback, Telephone: (703) 

603–7740, Fax: (703) 603–0655, or email 

CMTEFedReg@AbilityOne.gov. 

SUPPLEMENTARY INFORMATION: 

Additions 

On May 8, 2015 (80 FR 26548–26549) 

and November 16, 2015 (80 FR 70761– 

70762), the Committee for Purchase 

From People Who Are Blind or Severely 

Disabled published notices of proposed 

additions to the Procurement List. 

After consideration of the material 

presented to it concerning capability of 

qualified nonprofit agencies to provide 

the products and service and impact of 

the additions on the current or most 

recent contractors, the Committee has 

determined that the products and 

service listed below are suitable for 

procurement by the Federal Government 

under 41 U.S.C. 8501–8506 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 service to the Government. 

2. The action will result in 

authorizing small entities to furnish the 

products and service to the Government. 

3. There are no known regulatory 

alternatives which would accomplish 

the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 8501–8506) in 

connection with the products and 

service proposed for addition to the 

Procurement List. 

End of Certification 

Accordingly, the following products 

and service are added to the 

Procurement List: 

Products 

Product Name(s)—NSN(s): Coat, Army 

Combat Uniform, Permethrin, Unisex, 

OCP 2015 

8415–01–623–5052—XS–XXS 

8415–01–623–5162—XS–XS 

8415–01–623–5165—XS–S 

8415–01–623–5166—XS–R 

8415–01–623–5169—XS–L 

8415–01–623–5170—XS–XL 

8415–01–623–5172—S–XXS 

8415–01–623–5174—S–XS 

8415–01–623–5178—S–S 

8415–01–623–5180—S–R 

8415–01–623–5182—S–L 

8415–01–623–5236—S–XL 

8415–01–623–5237—M–XXS 

8415–01–623–5525—M–XS 

8415–01–623–5526—M–S 

8415–01–623–5528—M–R 

8415–01–623–5529—M–L 

8415–01–623–5534—M–XL 

8415–01–623–5537—M–XXL 

8415–01–623–5541—L–XXS 

8415–01–623–5542—L–XS 

8415–01–623–5543—L–S 

8415–01–623–5552—L–R 

8415–01–623–5553—L–L 

8415–01–623–5554—L–XL 

8415–01–623–5557—L–XXL 

8415–01–623–5740—XL–XXS 

8415–01–623–5742—XL–XS 

8415–01–623–5789—XL–S 

8415–01–623–5790—XL–R 

8415–01–623–5793—XL–L 

8415–01–623–5795—XL–XL 

8415–01–623–5796—XL–XXL 

8415–01–623–5797—XXL–R 

8415–01–623–5801—XXL–L 

8415–01–623–5803—XXL–XL 

8415–01–623–5805—XXL–XXL 

Mandatory Source(s) of Supply: Industries of 

the Blind, Inc., Greensboro, NC, 

Mississippi Industries for the Blind, 

Jackson, MS, San Antonio Lighthouse for 

the Blind, San Antonio, TX 

Mandatory Purchase For: US Army; surge 

requirements as determined by DLA 

Troop Support that are above and 

beyond those quantities of ACU Coats 

allocated to small business, large 

business, and/or other purchase priority 

programs 

Contracting Activity: Defense Logistics 

Agency Troop Support, Philadelphia, PA 

Distribution: C-List 

The Committee for Purchase From 

People Who Are Blind or Severely 

Disabled (Committee) operates pursuant 

to statutory and regulatory 

requirements. Committee regulations 

state for a commodity or service to be 

suitable for addition to the Procurement 

List, each of the following criteria must 

be satisfied: The addition to the 

Procurement List must demonstrate a 

potential to generate employment of 

people who are blind or have other 

severe disabilities; the nonprofit agency 

proposing to provide the product or 

service to the Federal Government must 

be qualified to participate in the 

AbilityOne program as defined in 

separate Committee regulations; the 

nonprofit agency must prove itself 

capable to deliver the product or service 

at the quality standard and delivery 

schedule required by the Government; 

and the Committee reviews the level of 

impact on the current contractor for the 

commodity or service. 

Federal Prison Industries (FPI) 

submitted a comment objecting to the 

proposed addition of the U.S. Army 

Combat Uniform Coat to the 

Procurement List. FPI asserts in its 

comments that, for items already listed 

on FPI’s Schedule of Products like the 

proposed U.S. Army Combat Uniform 

Coat, a designated central nonprofit 

agency of the AbilityOne program must 

seek a waiver of FPI’s purchase priority 

before requesting to add the same 

product to the Committee’s Procurement 

List pursuant to 41 CFR 51–3.3. 

Normally, FPI products have a purchase 

priority over AbilityOne products, as 

stated in FAR subparts 8.002, 8.603 and 

8.704. 

However, 10 U.S.C. 2410n and 

DFARS subpart 208.602–70 provide 

that, if FPI’s share for the particular 

product is greater than five percent of 

the Department of Defense (DOD) 

market, then DOD must use competitive 

and fair opportunity procedures in order 

to purchase additional quantities from 

FPI, permitting FPI to participate in 

such competitive process which 

establishes that FPI no longer has a 


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Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Notices 7509 

mandatory priority. The plain reading of 

both the statute and FAR provision is 

that FPI temporarily loses its mandatory 

purchase priority in DOD procurements 

when FPI provides more than five 

percent of the particular product market 

share to the DOD. In February 2015, 

DOD published its annual memorandum 

reporting that FPI’s share of the DOD 

market for special purpose clothing, like 

the U.S. Army Combat Uniform Coat, is 

greater than five percent and must be 

competed in accordance with section 

2410n and subpart 208.602–70. Because 

FPI does not have a purchase priority 

for the U.S. Army Combat Uniform Coat, 

then a designated AbilityOne Program 

central nonprofit agency is not required 

to obtain a decision from FPI as to 

whether it will exercise or waive its 

purchase priority before requesting to 

add a product to the Committee’s 

Procurement List. Also, regardless of 

whether or not FPI has a particular 

product purchase priority, no statute or 

regulation prevents the simultaneous 

listing of the identical product on the 

Committee’s Procurement List. 

In fact, the FAR subparts 8.603 and 

8.704 contemplate a purchasing priority 

‘‘when identical supplies or services are 

on the Procurement List and the 

Schedule of Products issued by the 

Federal Prison Industries, Inc.’’ For this 

particular product, FPI has lost its 

priority by operation of law, but the 

AbilityOne priority remains effective. 

Section 827 of National Defense 

Authorization Act for Fiscal Year 2008 

(NDAA for FY2008, now 10 U.S.C. 

2410n) and supplemental Defense 

Federal Acquisition Regulation 

208.602–70 do not apply to the JavitsWagner-O’Day (JWOD) Act purchase 

priority established in 41 U.S.C. 8504 

and implemented in FAR subpart 8.7. 

As preset forth at 10 U.S.C. 2410n, if FPI 

provides a significant market share of a 

particular product to DOD, then, by 

statute, DOD procurement activities may 

purchase a product listed in the latest 

edition of the Federal Prison Industries 

catalog for which Federal Prison 

Industries has a significant market share 

[defined as greater than 5%] only if the 

Secretary uses competitive procedures 

for the procurement or the product or 

makes an individual purchase under a 

multiple award contract in accordance 

with the competition requirements 

applicable to such contract. In 

conducting such a competition, the 

Secretary shall consider a timely offer 

from Federal Prison Industries. 

See 10 U.S.C. 2410n (emphasis 

added). That language does not direct or 

permit the Secretary—either expressly 

or implicitly—to bypass the purchase 

priorities stated in the FAR subparts 

setting forth those purchase priorities. 

Thus, the language in section 2410n 

permits DOD to purchase products from 

FPI only when the Secretary conducts a 

competitive procurement. 

In addition, the basis for both 

competitive and fair opportunity 

procurement procedures is the 

Competition in Contract Act (CICA) (10 

U.S.C. 2304 or 41 U.S.C. 3304) and FAR 

Subpart 6. Both 10 U.S.C. 2304(c)(5) and 

FAR Subpart 6.302–5, the implementing 

regulation, provide that an Agency is 

not required to follow CICA when 

expressly required by another statute to 

use different procurement procedures. 

The JWOD purchase priority, set forth at 

41 U.S.C. 8504, is listed in FAR Subpart 

6.302–5 as an express exception to CICA 

and full and open competition. While 

FPI is precluded by law from exercising 

its purchase priority for DOD 

procurements when it already provides 

greater than 5% of the market share for 

a particular product, competition in 

accordance with the Competition in 

Contracting Act does not apply because 

the JWOD purchase priority is 

applicable. The JWOD Act states: 

§ 8504. Procurement Requirements for 

the Federal Government 

(a) In General.—An entity of the 

Federal Government intending to 

procure a product or service on the 

procurement list referred to in section 

8503 of this title shall procure the 

product or service from a qualified 

nonprofit agency for the blind or a 

qualified nonprofit agency for other 

severely disabled in accordance with 

regulations of the Committee and at the 

price the Committee establishes if the 

product or service is available within 

the period required by the entity. 

(b) Exception.—This section does not 

apply to the procurement of a product 

that is available from an industry 

established under chapter 307 of title 18 

and that is required under section 4124 

of title 18 to be procured from that 

industry. 

Pursuant to section 8504, an 

exception to the JWOD priority exists 

for procurement of a ‘‘product that is 

available’’ from FPI. When an FPI 

product reaches the market share of 

sales specified in section 2410n the 

product is no longer available from FPI 

on a priority basis pursuant to 18 U.S.C. 

4124. 

Therefore, if the same product is 

listed on the Procurement List, then 

Federal agencies must purchase from 

the designated nonprofit agencies 

(assuming nonprofits are able to deliver 

the substantially same product in the 

delivery window required), and cannot 

elect to pursue the competitive process 

outlined in section 2410n while 

ignoring the priorities set forth in the 

JWOD Act 41 U.S.C. 8504, and FAR 

subparts 8.002, 8.603 and 8.704. 

Service 

Service Type: Furniture Design and 

Configuration Service 

Service Is Mandatory For: New Hampshire 

National Guard, Newington, NH 

Mandatory Source of Supply: Industries for 

the Blind Inc., West Allis, WI 

Contracting Activity: United States Property 

and Fiscal Office (USPFO), New 

Hampshire National Guard, Pease ANGB, 

NH 

Deletions 

On January 8, 2016 (81 FR 916–917), 

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. 8501–8506 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-WagnerO’Day Act (41 U.S.C. 8501–8506) in 

connection with the products deleted 

from the Procurement List. 

End of Certification 

Accordingly, the following products 

are deleted from the Procurement List: 

Products 

NSN(s)—Product Name(s): 

7510–01–600–8033—Dated 2015 18-month 

Paper Wall Planner, 24′′ x 37′′ 

7510–01–600–8044—Dated 2015 12-Month 

2-Sided Laminated Wall Planner, 24′′ x 

37′′ 

Mandatory Source(s) of Supply: The Chicago 

Lighthouse for People Who Are Blind or 

Visually Impaired, Chicago, IL 

Contracting Activity: General Services 

Administration, FSS Household and 

Industrial Furniture, Arlington, VA 

NSN(s)—Product Name(s): 

7510–01–600–7560—Monthly Wall 

Calendar, Dated 2015, Jan–Dec, 81⁄2′′ x 

11′′ 


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7510 Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Notices 

7530–01–600–7569—Daily Desk Planner, 

Dated 2015, Wire bound, Non-refillable, 

Black Cover 

7510–01–600–7574—Wall Calendar, Dated 

2015, Wire Bound w/Hanger, 12′′ x 17′′ 

7530–01–600–7603—Monthly Desk 

Planner, Dated 2015, Wire Bound, Nonrefillable, Black Cover 

7530–01–600–7613—Weekly Desk Planner, 

Dated 2015, Wire Bound, Non-refillable, 

Black Cover 

7530–01–600–7628—Weekly Planner 

Book, Dated 2015, 5′′ x 8′′ 

7510–01–600–7631—Wall Calendar, Dated 

2015, Wire Bound w/hanger, 15.5′′ x 22′′ 

Mandatory Source(s) of Supply: The Chicago 

Lighthouse for People Who Are Blind or 

Visually Impaired, Chicago, IL 

Contracting Activity: General Services 

Administration, New York, NY 

NSN(s)—Product Name(s): 4240–00–803– 

5839—Bag, Waterproof 

Mandatory Source(s) of Supply: WinstonSalem Industries for the Blind, Inc., 

Winston-Salem, NC 

Contracting Activity: W40M Northern Region 

Contract Office, Fort Belvoir, VA 

Barry S. Lineback, 

Director, Business Operations. 

[FR Doc. 2016–02940 Filed 2–11–16; 8:45 am] 

BILLING CODE 6353–01–P 

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 a service to 

the Procurement List that will be 

provided by nonprofit agencies 

employing persons who are blind or 

have other severe disabilities. 

DATES: Effective Date: 2/29/2016. 

ADDRESSES: Committee for Purchase 

From People Who Are Blind or Severely 

Disabled, 1401 S. Clark Street, Suite 

715, Arlington, Virginia, 22202–4149. 

FOR FURTHER INFORMATION CONTACT: 

Barry S. Lineback, Telephone: (703) 

603–7740, Fax: (703) 603–0655, or email 

CMTEFedReg@AbilityOne.gov. 

SUPPLEMENTARY INFORMATION: 

Addition 

On December 18, 2015 (80 FR 79031– 

79032), the Committee for Purchase 

From People Who Are Blind or Severely 

Disabled published notice of proposed 

additions to the Procurement List. 

After consideration of the material 

presented to it concerning capability of 

qualified nonprofit agencies to furnish 

the service and impact of the additions 

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. 

8501–8506 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 provide the 

service to the Government. 

2. The action will result in 

authorizing small entities to provide the 

service to the Government. 

3. There are no known regulatory 

alternatives which would accomplish 

the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 8501–8506) in 

connection with the service proposed 

for addition to the Procurement List. 

End of Certification 

Accordingly, the following service is 

added to the Procurement List: 

Service 

Service Type: Help Desk Support Service 

Service is Mandatory For: U.S. Army, Army 

Training Support Center, Combined 

Arms Center for Training, 3306 Wilson 

Avenue, Joint Base Langley-Eustis, VA 

Mandatory Source(s) of Supply: 

ServiceSource, Inc., Alexandria, VA, 

Orion Career Works, Auburn, WA 

Contracting Activity: Dept of the Army, 

W6QM MICC–FDO Ft Eustis, Fort Eustis, 

VA 

Additional Information 

The Committee finds good cause to 

dispense with the 30-day delay in the 

effective date normally required by the 

Administrative Procedure Act. 5 U.S.C. 

553(d). This addition to the Committee’s 

Procurement List is a reaction to the 

expiration of the U.S. Army help desk 

support services contract. The Federal 

customer contacted, and has worked 

with the AbilityOne Program since 

April 2015 to fulfill this service need 

under the AbilityOne Program. To avoid 

performance disruption, and the 

possibility that the U.S. Army will have 

no viable alternative but to procure this 

service, this addition must be effective 

on February 29, 2016, ensuring timely 

execution for a March 1, 2016, start date 

while still allowing 18 days for 

comment. Pursuant to its own 

regulation 41 CFR 51–2.4, the 

Committee has been in contact with one 

of the affected parties, the incumbent of 

the expiring contract, since May 2015 

and determined that no severe adverse 

impact exists. The Committee also 

published a notice of proposed 

Procurement List addition in the 

Federal Register on December 18, 2015, 

and did not receive any comments from 

any interested persons, including from 

the incumbent contractor. This addition 

will not create a public hardship and 

has limited effect on the public at large, 

but rather will create new jobs for other 

affected parties—people with severe 

disabilities in the AbilityOne program 

who otherwise face challenges locating 

employment and will enable Federal 

customer operations to continue 

without interruption. 

Barry S. Lineback, 

Director, Business Operations. 

[FR Doc. 2016–02941 Filed 2–11–16; 8:45 am] 

BILLING CODE 6353–01–P 

COMMITTEE FOR PURCHASE FROM 

PEOPLE WHO ARE BLIND OR 

SEVERELY DISABLED 

Procurement List, Proposed Additions 

And Deletion 

AGENCY: Committee for Purchase From 

People Who Are Blind or Severely 

Disabled. 

ACTION: Proposed Additions to and 

Deletion from the Procurement List. 

SUMMARY: The Committee is proposing 

to add products to the Procurement List 

that will be furnished by nonprofit 

agencies employing persons who are 

blind or have other severe disabilities, 

and deletes a product previously 

furnished by such agency. 

DATES: Comments Must Be Received On 

Or Before: 3/13/2016. 

ADDRESSES: Committee for Purchase 

From People Who Are Blind or Severely 

Disabled, 1401 S. Clark Street, Suite 

715, Arlington, Virginia 22202–4149. 

For Further Information or To Submit 

Comments Contact: Barry S. Lineback, 

Telephone: (703) 603–7740, Fax: (703) 

603–0655, or email CMTEFedReg@

AbilityOne.gov. 

SUPPLEMENTARY INFORMATION: This 

notice is published pursuant to 41 

U.S.C. 8503 (a)(2) and 41 CFR 51–2.3. Its 

purpose is to provide interested persons 

an opportunity to submit comments on 

the proposed actions. 

Additions 

If the Committee approves the 

proposed additions, the entities of the 

Federal Government identified in this 

notice will be required to procure the 

products listed below from nonprofit 


asabaliauskas on DSK9F6TC42PROD with NOTICES2