[Federal Register Volume 60, Number 179 (Friday, September 15, 1995)]
[Notices]
[Pages 47935-47936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22976]



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

EFFECTIVE DATE: October 16, 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 14, 1995, the Committee for Purchase 
From People Who Are Blind or Severely Disabled published notice (60 FR 
36266) of proposed addition to the Procurement List.
    Comments were received from the current contractor in response to a 
Committee request for information. The contractor claimed a common-law 
patent right in the distinctive features of its trap and threatened to 
sue anyone who manufactures its trap without its permission.
    It is the Committee's understanding that the patent laws of the 
United States do not recognize a common-law patent right. See 35 U.S.C. 
102. The features the contractor claimed--a spring loaded door and wire 
trap walls--appear in similar traps made by at least two other 
commercial trap manufacturers. The nonprofit agency which will produce 
the trap based its design on a Govern- ment item description and 
examination of a trap which was not made by the contractor. 
Consequently, the Committee believes that the contractor's objections 
are without foundation, and will not impede the nonprofit agency in 
furnishing the trap to the Government.
    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 

[[Page 47936]]
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:

Trap, Animal
3740-00-531-3905

    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. 95-22976 Filed 9-14-95; 8:45 am]
BILLING CODE 6820-33-P