[Federal Register Volume 59, Number 241 (Friday, December 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30972]


[[Page Unknown]]

[Federal Register: December 16, 1994]


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

EFFECTIVE DATE: January 17, 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 July 1, 1994, the Committee for Purchase 
From People Who Are Blind or Severely Disabled published notice (59 FR 
33958) of proposed addition to the Procurement List.
    Comments were received during the development phase of this 
addition to the Procurement List from the current contractor, who 
alleged that the Committee had failed to follow its own regulations by 
not giving him actual notice of the proposed addition. The contractor 
also alleged that loss of this Brunswick Naval Air Station contract, 
together with two others lost to the Committee's program in 1993 and 
the probable loss of another in 1994 would have a significant impact on 
the contractor's business. The contractor also alleged that the 
Committee and NISH are prejudicial towards it in their choices of 
services being added to the Procurement List.
    The Committee is required by its law, at 41 U.S.C. 47(a)(2), to use 
the informal rulemaking procedure set forth in 5 U.S.C. 553 when adding 
commodities or services to the Procurement List. This rulemaking 
procedure mandates notice in the Federal Register rather than actual 
notice to affected parties. In this case, the contractor later received 
actual notice, as the Committee wrote to him requesting sales data for 
the company and responding to the other allegations in his comments. 
The Committee's letter, and a subsequent telephone conversation between 
the contractor and the Committee's Executive Director, emphasized that 
the Committee would consider the impact of the addition on the 
contractor to be minimal if the data was not submitted. Nevertheless, 
the contractor failed to submit the data and conceded in the telephone 
conversation that the impact of losing the Brunswick contract alone 
would not be severe.
    In reaching its conclusion that adding the Brunswick food service 
to the Procurement List would not have a severe adverse impact on the 
contractor, the Committee took into account the impact of the two 1993 
additions to the Procurement List, as well as a 1989 addi tion where 
the firm was the current contractor. The Committee also declined to 
process an addition action for the other contract (a food service in 
Mississippi) mentioned by the contractor as a possible additional loss 
to the Committee's program. This decision reflected the Committee's 
concern that placing the Mississippi food service contract on the 
Procurement List at this time might cause severe adverse impact on the 
contractor. As the decision indicates, the Committee has taken pains to 
assure that its actions do not have a disproportional impact on this 
contractor, so the Committee denies any prejudice towards the 
contractor.
    After consideration of the material presented to it concerning 
capability of qualified nonprofit agencies to provide the service, fair 
market price, and impact of the addition on the current or most recent 
contractors, the Committee has determined that the service 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 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:

Food Service Attendant, Naval Air Station Galley, Building 201, New 
Brunswick, Maine

    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. 94-30972 Filed 12-15-94; 8:45 am]
BILLING CODE 6820-33-P