[Federal Register Volume 62, Number 60 (Friday, March 28, 1997)]
[Notices]
[Pages 14884-14885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7930]


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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: April 28, 1997.

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 September 1, 1995, the Committee for 
Purchase From People Who Are Blind or Severely Disabled published 
notice (60 FR 45704) of proposed addition to the Procurement List. 
Comments were received from the current contractor for the ear 
plugs and from two offices in one of the using Government agencies. 
All commenters questioned the ability of the nonprofit agency to 
produce ear plugs which meet the Government's specifications. The 
current contractor also questioned the nonprofit agency's ability 
to meet Government delivery requirements. Initial testing of the 
nonprofit agency's prototype ear plugs indicated that they did not 
consistently meet all Government specifications. The nonprofit 
agency has corrected the deficiencies, and subsequent testing by an 
independent laboratory has shown that the ear plugs now meet all 
specification requirements. The Government agency which procures 
the ear plugs has inspected the nonprofit agency's facility and 
concluded that it is capable of producing the ear plugs.

    The commenting contractor also claimed that if the nonprofit agency 
produced the earplugs manually they would be contaminated and pose a 
health risk for users, while if an automated process is used the 
nonprofit agency would fail to meet the Committee's statutory 75 
percent disabled direct labor requirement. The contractor stated that 
it would not be safe for persons with severe disabilities to use the 
required automated equipment.
    The nonprofit agency will be using an automated process which will 
avoid direct human contact with the plugs before they are placed in 
individual packages. This approach will not violate the Committee's 
statutory requirement, as the 75 percent figure applies only to total 
direct labor done by a nonprofit agency on all its production 
activities. The requirement does not apply to direct labor involved in 
the production of a single commodity for a Government agency. The 
nonprofit agency has adapted other pieces of industrial equipment, such 
as stamping presses, for safe use by persons with severe disabilities, 
and is making similar adaptations to the automated equipment to be used 
in producing the ear plugs.
    The contractor claims that it is the only company which has been 
able to produce foam which will meet the specification requirements for 
the ear plugs. The contractor will not sell this foam to the nonprofit 
agency. However, the nonprofit agency has located a company which can 
produce foam which conforms to the specifications. The Committee's 
industrial engineer has visited that company's plant and reviewed the 
most recent laboratory testing of the ear plugs the nonprofit agency 
has produced from that foam, and has confirmed that the ear plugs meet 
all specification requirements. The nonprofit agency has also tested 
the ear plugs after they have been stored for a period of time and 
demonstrated that they continue to meet the specification requirements 
after storage.
    The commenting contractor contends the nonprofit agency will not be 
able to meet the Government's total annual requirements for the ear 
plugs because it has not made the capital investment necessary to 
acquire adequate manufacturing equipment and train personnel. The 
nonprofit agency has arranged the financing needed to acquire equipment 
and train personnel.
    The contractor also contends that the nonprofit agency will not be 
able to meet Government delivery requirements because the contractor 
has in the past handled large Government orders with short turnarounds 
by using stock in its warehouse that was intended for commercial sales, 
and the nonprofit agency does not have similar commercial sales to 
create an inventory it can draw upon. The procuring Government agency's 
finding of nonprofit agency capability, however, includes an allowance 
for excess orders to meet emergency requirements. Consequently, the 
Committee believes the nonprofit agency will be able to handle all 
Government orders for the ear plugs.
    After consideration of the material presented to it concerning 
capability of qualified nonprofit agencies to provide the commodity and 
impact of the addition on the current or most recent contractors, the 
Committee has determined that the commodity listed below is 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 will not 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.

[[Page 14885]]

    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:
Plug, Ear, Hearing Protection
    6515-00-137-6345

    This action does not affect current contracts awarded prior to the 
effective date of this addition or options that may be exercised under 
those contracts.
E.R. Alley, Jr.,
Deputy Executive Director.
[FR Doc. 97-7930 Filed 3-27-97; 8:45 am]
BILLING CODE 6353-01-P