[Federal Register Volume 60, Number 184 (Friday, September 22, 1995)]
[Notices]
[Pages 49260-49261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23592]



=======================================================================
-----------------------------------------------------------------------

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

EFFECTIVE DATE: October 23, 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 June 30, 1995, the Committee for Purchase 
From People Who Are Blind or Severely Disabled published notice (60 FR 
34235) of proposed addition to the Procurement List.
    Comments were received after the close of the comment period from a 
lawyer representing the parent corporation of two of the current 
contractors for the paper. The lawyer objected to the denial of his 
request for an extension of the comment period. He claimed that his 
client had received inadequate notice of the Committee's proposal to 
add the paper to the Procurement List, that the Committee is required 
to grant an extension of the comment period, and that the procurement 
schedule of the Federal agency which buys the paper for the Government 
is irrelevant to the Procurement List addition process.
    The Committee is required by law to provide notice of proposed 
additions to the Procurement List through publication in the Federal 
Register. This publication is considered to be adequate notice to all 
affected parties. 44 U.S.C. 1507. The lawyer's client is a very large 
corporation which cannot be said to be ignorant of the Federal 
Register.
    The lawyer based his claim that the Committee is required to grant 
an 

[[Page 49261]]
extension of the comment period on a 1978 legal opinion concerning 
another addition to the Procurement List, Barrier Industries, Inc. v. 
Eckard, 584 F.2d 1074 (D.C. Cir.). That opinion addresses the issue of 
notice only by saying that the required form of notice is publication 
in the Federal Register, 584 F.2d at 1082, and that the failure by the 
plaintiff in that case to note the Federal Register publication meant 
that it missed its opportunity to submit comments, 584 F.2d at 1083. 
Nothing in the opinion supports the lawyer's contention that the 
Committee is required to grant an extension of a comment period.
    The Government purchases the paper through semiannual requirements 
contracts. If the Committee were to grant the requested extension of 
the comment period, its addition of the paper to the Procurement List 
would be sufficiently delayed that half a year's requirement for the 
paper would not be available for production under the Committee's 
program. The statutory purpose of the Committee's program, to create 
jobs for people who are blind or severely disabled, would be frustrated 
as these people would be unable to produce the paper.
    Because the corporation the lawyer represents is very large, the 
percentage of its sales which the Government requirement for this paper 
represents is extremely small, so it is very unlikely that the addition 
to the Procurement List would have a severe adverse impact on the 
corporation. Accordingly, it is unlikely that an extension of the 
comment period would result in any significant new information being 
brought to the Committee's attention. Any information the lawyer 
obtains later can be brought to the Committee's attention through the 
reconsideration process set forth in Committee regulations at 41 CFR 
51-2.6.
    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 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 does not appear to 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-Wagner-O'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, Bond
    7530-00-290-0599
    7530-00-290-0600
    7530-00-290-0617
    7530-00-290-0618

    This action does not affect current contracts awarded prior to the 
effective date of this addition or options exercised under those 
contracts.
E.R. Alley, Jr.,
Deputy Executive Director.
[FR Doc. 95-23592 Filed 9-21-95; 8:45 am]
BILLING CODE 6820-33-P