[Federal Register Volume 60, Number 67 (Friday, April 7, 1995)]
[Notices]
[Pages 17775-17776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8587]



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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.

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SUMMARY: This action adds to the Procurement List a commodity to be 
furnished by nonprofit agencies employing persons who are blind or have 
other severe disabilities.

EFFECTIVE DATE: May 8, 1995.

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 February 3, 1995, the Committee for 
Purchase From People Who Are Blind or Severely Disabled published 
notice (60 FR 6702) of proposed addition to the Procurement List.
Comments were received from a cup manufacturer which has not been a 
Government contractor for the cup at issue in this addition to the 
Procurement List. The commenter indicated that it considered the cup 
not to be suitable for production by blind individuals because it 
requires visual inspection during production and allowing blind people 
to work in close proximity to high speed machinery would be dangerous. 
The commenter also indicated that the Committee should meet its goal of 
creating employment for people with severe disabilities by giving 
private manufacturers an opportunity to hire such people rather than by 
adding commodities to the Procurement List. The commenter stated that 
the Committee's method of assessing impact on contractors is biased 
against larger companies because it looks at impact on the total 
company rather than a single plant or product line. The commenter 
indicated that the Committee should not add items to the Procurement 
List on an open-ended basis, but should allow occasional competitive 
bidding to ensure that the nonprofit agencies maintain their ability to 
produce effectively.
    The Committee's determination that the nonprofit agency is capable 
of producing this cup was based on capability determinations by the 
Government agency which procures the [[Page 17776]] cup and the central 
nonprofit agency concerned in this action. The Government agency 
performed an extensive inspection of the nonprofit agency's plant and 
plans and concluded that it is fully capable of performing in 
accordance with all specifications, drawings, terms, and conditions of 
the contract. The Government agency specifically approved, among other 
things, the production and inspection arrangements that will be used.
    The nonprofit agency is one of the largest manufacturers 
participating in the Committee's program. It produces, among other 
things, several other paper and plastic utensils which involve high 
speed or otherwise dangerous machinery, and has taken steps to 
structure its use of blind labor and to provide safeguards on its 
machinery to avoid the dangers which the commenter implies blind people 
would face. While the Committee requires the use of a high percentage 
of blind direct labor in the production of the cup, the requirement 
does not extend to indirect labor, such as inspection, which may be 
performed by sighted individuals.
    The Committee appreciates the commenter's assertion that private 
manufacturers should be encouraged to hire people who are blind or have 
other severe disabilities, however, it does not believe that such 
encouragement should replace the Committee's mandatory source 
procurement program as a way of creating jobs. The Committee's program 
guarantees Federal contracts and requires that people with severe 
disabilities perform the majority of the direct labor on those 
contracts. This approach is intended to assure stable work for such 
individuals. Private manufacturers have no such guarantees of Federal 
(or other) business and no requirement to use people with severe 
disabilities on whatever work they do have. The Committee also notes 
that the majority of the individuals working on contracts under its 
program are not currently capable of competitive employment. 
Consequently, many would not be able to hold jobs with private 
manufacturers even if positions were available. For those who are 
capable, the Committee encourages them to seek jobs in the competitive 
marketplace by requiring that participating nonprofit agencies help 
them do so. In many cases, this help includes working with private 
firms to develop employment opportunities. Thus, the commenter's 
proposed alternative to Procurement List additions does not represent 
an acceptable alternative and, where possible, is already being 
accomplished.
    The Committee does not agree that its method of assessing 
contractor impact is biased against large companies. Such companies are 
usually free to allocate their resources in a way that will alleviate 
impact on a single facility, if the companies desire, in a way that 
smaller companies are not. The Committee accordingly believes that its 
method of treating all contractors equally, by assessing impact based 
on all factors relevant to the contractor's business as a whole, is the 
fairest method of assessing the impact of a Procurement List addition.
    Nonprofit agencies producing for the Committee's program are 
required to continue to produce efficiently because their goods must be 
sold to the Government at a fair market price. If a nonprofit agency is 
unable to produce efficiently enough to meet Government requirements, 
the Committee can transfer production authority to another nonprofit 
agency, suspend the mandatory source requirement, or take the item in 
question off the Procurement List.
    Accordingly, there is no need to allow competitive procurements of 
items in the Committee's program to keep nonprofit agency production 
standards on a par with competitive industry.
    After consideration of the material presented to it concerning 
capability of qualified nonprofit agencies to provide the commodity, 
fair market price, and impact of the addition on the current or most 
recent contractors, the Committee has determined that the commodity 
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 commodity to the 
Government.
    2. The action does not appear to have a severe economic impact on 
current contractors for the commodity.
    3. The action will result in authorizing small entities to furnish 
the commodity 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 commodity proposed for addition to the 
Procurement List.
    Accordingly, the following commodity is hereby added to the 
Procurement List:

Cup, Disposable, Paper
7350-01-359-9524

    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. 95-8587 Filed 4-6-95; 8:45 am]
BILLING CODE 6820-33-P