[Federal Register Volume 60, Number 184 (Friday, September 22, 1995)]
[Notices]
[Pages 49261-49262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23593]



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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: 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 July 21, 1995, the Committee for Purchase 
From People Who Are Blind or Severely Disabled published notice (60 FR 
37631) of proposed addition to the Procurement List.
    Comments were received from two organizations and a State agency 
which represent blind people. All three commenters claimed that adding 
this service to the Procurement List would conflict with the priority 
afforded blind vendors in Federal buildings by the Randolph-Sheppard 
Act, 20 U.S.C. 107. Two commenters also objected to the Committee's 
certification under the Regulatory Flexibility Act, 5 U.S.C. 601 et 
seq., that there was no regulatory alternative to adding the service to 
the Procurement List which would accomplish the objectives of the 
Javits-Wagner-O'Day (JWOD) Act, 41 U.S.C. 46-48c. Those commenters 
indicated that provision of the service under the Randolph-Sheppard Act 
would accomplish the objectives of the JWOD Act. One commenter asked 
the Committee not to inject the JWOD Program into a controversy between 
the Department of Veterans Affairs (VA) and the blind vendor community 
over the application of the Randolph-Sheppard Act to VA facilities.
    The Randolph-Sheppard Act provides, in pertinent part, that blind 
vendors are authorized to operate ``vending facilities'' on Federal 
property, 20 U.S.C. 107(a), and are afforded a priority for ``operation 
of cafeterias on Federal property,'' 20 U.S.C. 107d-3(e). The service 
to be provided by a nonprofit agency employing people with severe 
disabilities at the VA medical center will involve the performance of a 
number of discrete food service activities, such as preparation of 
Government-provided food, transporting meals to patient rooms, and 
cleaning utensils and the food service facility. VA will retain overall 
management control of food service operations. VA does not charge any 
fee to the individuals who consume the food, and the nonprofit agency 
will be paid by VA out of funds appropriated for the operation of the 
medical center. Consequently, the Committee believes that addition of 
the service to the Procurement List does not violate the Randolph-
Sheppard Act, as no vending of food occurs, and the limited services to 
be provided by the nonprofit agency under VA management control do not 
constitute operation of a cafeteria.
    The Committee does not agree that provision of this service under 
the Randolph-Sheppard Act would accomplish the objectives of the JWOD 
Act, which are to create employment for individuals with severe 
disabilities through using them to perform the labor connected with 
providing the service to the Government. The Randolph-Sheppard Act 
provides employment only for one blind vendor per food service 
operation, and for the people the vendor hires, who are not required to 
have any disabilities. Provision of the service under the JWOD Program 
will create employment for several individuals with severe 
disabilities. 

[[Page 49262]]

    The controversy between VA and the blind vendor community concerns 
application of the Randolph-Sheppard Act to VA canteen service 
operations at medical centers. The patient food service involved in 
this addition to the Procurement List is not connected to the medical 
center's canteen operation. Accordingly, the Committee does not believe 
this addition to the Procurement List will inject the JWOD Program into 
the controversy.
    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 does not appear to 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, Department of Veterans 
Affairs Medical Center, Mountain Home, Tennessee
    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. 95-23593 Filed 9-21-95; 8:45 am]
BILLING CODE 6820-33-P