[Federal Register Volume 70, Number 106 (Friday, June 3, 2005)]
[Notices]
[Pages 32567-32569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-2854]



[[Page 32567]]

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

COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED


Procurement List; Additions and Deletions

AGENCY: Committee for Purchase From People Who Are Blind or Severely 
Disabled.

ACTION: Additions to and deletions from Procurement List.

-----------------------------------------------------------------------

SUMMARY: This action adds to the Procurement List products and services 
to be furnished by nonprofit agencies employing persons who are blind 
or have other severe disabilities, and deletes from the Procurement 
List a product and a service previously furnished by such agencies.

DATES: Effective Date: July 3, 2005.

ADDRESSES: Committee for Purchase From People Who Are Blind or Severely 
Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, 
Arlington, Virginia 22202-3259.

For Further Information or to Submit Comments Contact: Sheryl D. 
Kennerly, Telephone: (703) 603-7740, Fax: (703) 603-0655, or e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

Additions

    On February 18, March 25, April 1, April 8, 2005, the Committee for 
Purchase From People Who Are Blind or Severely Disabled published 
notice (70 FR 8340, 15288, 16797, 17969) of proposed additions to the 
Procurement List.
    After consideration of the material presented to it concerning 
capability of qualified nonprofit agencies to provide the products and 
services and impact of the additions on the current or most recent 
contractors, the Committee has determined that the products and 
services listed below are suitable for procurement by the Federal 
Government under 41 U.S.C. 46-48c and 41 CFR 51-2.4.
    The following comments pertain to the Navy Promotional Recruiting 
Materials:
    Comments were received from 74 persons or organizations, 72 of 
which are employees, suppliers or others sympathetic to the nonprofit 
agency which has been designated to provide the products at issue upon 
their addition to the Procurement List. These commenters noted that the 
products provide meaningful work and job training opportunities for 
blind people, who have few other work opportunities, as well as 
benefiting both the community and the Navy customers. The suppliers 
claimed that they would be severely affected if they lost the 
opportunity to provide these products through the nonprofit agency. The 
Committee agrees that these comments provide good reasons for adding 
these products to the Procurement List. Two businesses did comment in 
opposition to this addition to the Procurement List. One of them 
claimed to represent a ``lengthy list'' of other affected businesses, 
but did not provide any information to identify those businesses.
    As the notice proposing addition of these products to the 
Procurement List (70 FR 8340, Feb. 18, 2005) noted, these products were 
previously added to the Procurement List as a customization and 
distribution service for the Navy, which decided in 2004 to change to 
products contracting to meet its requirement. This decision was due in 
part to the legal challenges noted by the business commenters. As the 
Committee is now adding the products in question to the Procurement 
List in their own right, the challenges and resulting legal decisions 
on them are no longer relevant.
    Based in part on contacts the designated nonprofit agency had with 
them while it was providing the products to the Navy under the previous 
service arrangement, the business commenters claimed that the products 
are not appropriate for addition to the Procurement List because the 
nonprofit agency, as a mere broker of products produced by others, does 
not perform ``preparation, processing and packing'' operations as 
required by the Committee's statutory and regulatory definitions of 
direct labor, 41 U.S.C. 48b(5) and 41 CFR 51-1.3. However, the 
nonprofit agency has informed the Committee that it does manufacture 
some of the products, and has shown the Committee that it does engage 
in processing and/or packing of the remaining items at its warehouse 
before shipping them to the Navy's central facility in Tennessee. These 
activities generate considerable blind direct labor, in addition to the 
indirect blind labor created by supervisory, warehousing, order picking 
and quality assurance activities associated with these products.
    The business commenters also claimed that the nonprofit agency will 
be providing foreign goods, in contravention of the Government's 
domestic preference statutes. However, the Committee's program is 
exempt from the Trade Agreements Act, see 48 CFR 25.401(a)(4), and the 
rationale for that exemption--to protect socioeconomic programs such as 
the Committee's program--is such that the Committee believes its 
program is exempt from related statutes such as the Buy American Act. 
In addition, the manufacturing and other processing the nonprofit 
agency will be doing should sufficiently transform many of these 
products to bring them into compliance with these preference statutes. 
The Navy contracting office has informed the Committee that it will 
apply the Berry Amendment, 10 U.S.C. 2533a, to procurements of these 
products, and the nonprofit agency has agreed to provide only products 
which meet the domestic source requirements of the Berry Amendment.
    One of the business commenters claimed that the notice of proposed 
addition was misleading, as a statement at 70 FR 8341 indicating that 
replacement items for the products listed in the notice would be added 
to the Procurement List in accordance with the Committee's regulation, 
41 CFR 51-6.13, characterized the items as ``the Navy's entire 
requirement for recruiting and promotional materials.'' This statement 
was based on the Navy's characterization of its requirement.
    The same page of the proposed addition notice contained a 
certification that the ``action will not have a significant impact on a 
substantial number of small entities.'' Both business commenters 
disputed this statement, citing the impact of the addition on 
themselves and their industry. However, these comments show a 
misunderstanding of the statement, which is clearly labeled as a 
``Regulatory Flexibility Act Certification.'' This certification is 
required by the Regulatory Flexibility Act, 5 U.S.C. chapter 6. The 
Committee has its own regulation concerning the impact of Procurement 
List additions on current contractors, at 41 CFR 51-2.4(a)(4). However, 
in this situation the current contractor is the designated nonprofit 
agency, which held the Navy's contract under the previous service 
arrangement. Neither the two business contractors nor anyone else in 
their industry are considered current contractors under the Committee's 
regulation, as they are not losing contracts as a result of this 
Procurement List addition. Therefore, there is only one ``small 
entity'' involved here, the designated nonprofit agency, so this 
Procurement List addition does not affect ``a substantial number of 
small entities.'' Accordingly, the Committee's Regulatory Flexibility 
Act Certification is correctly stated.
    One of the business commenters claimed that manufacturing some of 
these products, such as golf balls, would expose blind workers to 
hazardous

[[Page 32568]]

conditions. This would not be the case for golf balls, which the 
designated nonprofit agency will not manufacture. However, the 
nonprofit agency has a long history of safely manufacturing items, 
including some of those involved in this Procurement List addition, 
using equipment and procedures which have been modified to accommodate 
blind workers.
    The business commenters claimed that the nonprofit agency's price 
to the Government would be higher than what industry could offer, 
citing a 2004 market survey by an official at the Navy facility in 
Tennessee. However, this survey reflects the opinion of the official 
and not the Navy contracting office, which agreed with the Committee 
that the nonprofit agency's price is a fair market price.
    The following material pertains to all of the items being added to 
the Procurement List.

Regulatory Flexibility Act Certification

    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 products and 
services to the Government.
    2. The action will result in authorizing small entities to furnish 
the products and services to the Government.
    3. 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 products and services proposed for addition 
to the Procurement List.

End of Certification

    Accordingly, the following products and services are added to the 
Procurement List:

Products

Navy Promotional Recruiting Materials:

Ball Caps.
NSN: 8405-00-WIM-0175--Ballcap, Flexible Fit Ballcaps Upper Quality.
NSN: 8405-00-WIM-0177--Ballcap, Flexible Fit.
NSN: 8405-00-WIM-0176--Ballcap, Chaplain.
Beverage Can Cooler.
NSN: 7830-00-WIM-0012--Beverage Can Cooler, Blue w/3Color Imprint, 
NASCAR.
NSN: 7830-00-WIM-0010--Beverage Can Cooler, Blue w/3Color Imprint.
Coins.
NSN: 8145-00-NIB-0013--Coin, Admiral Coins.
NSN: 8145-00-NIB-0014--Coin, Anodized Blue & Gold Sport Coins.
Flashlight.
NSN: 7830-00-WIM-0008--Flashlight, Health Care.
NSN: 7830-00-WIM-0011--Flashlight, Carabiner Flashlight w/Compass.
Flyer.
NSN: 7830-00-NIB-0001--Flyer, Blue w/Gold Foil.
Golf Balls.
NSN: 7830-00-NIB-0007--Golf Balls/Tees.
Lanyards.
NSN: 5340-00-WIM-0079--Lanyard, Red, White & Blue NASCAR.
NSN: 5340-00-WIM-0076--Lanyard, 2 pc. Health Care.
NSN: 5340-00-WIM-0078--Lanyard, Red, White & Blue w/Navy in Gold.
NSN: 5340-00-WIM-0077--Lanyard, 2 pc. Chaplain Corps.
Lapel Pin.
NSN: 8145-00-WIM-0101--Navy Lapel Pin.
Luggage Tag.
NSN: 9905-00-NIB-0089--Luggage Tag, Healthcare.
NSN: 9905-00-NIB-0088--Luggage Tag, Enlisted.
Mini Pouch w/Ear Plugs.
NSN: 8145-00-WIM-0026--Mini Pouch w/Ear Plugs, NASCAR.
NSN: 8145-00-WIM-0025--Mini Pouch w/Ear Plugs.
Mouse Pad, Computer.
NSN: 7045-00-NIB-0170--Mouse Pad, Lenticular 3D Motion.
Pack, Personal Gear.
NSN: 8465-00-NIB-0057--Bag (DEP), Backpack, Blue DEP.
Pen, Cushion Grip, Transparent.
NSN: 7520-00-WIM-1550--Pen, Wide Barrel--DEP.
NSN: 7520-00-WIM-1545--Pen, Patriotic w/wave clip.
Pen, Executive, Twist Retractable.
NSN: 7520-00-WIM-1472--Pen, Blue Lacq.--Health Care.
NSN: 7520-00-WIM-1471--Pen, Blue Lacq. Eng--Span Bilingual.
Pencil, Metallic Foil, Imprint, Navy.
NSN: 7510-00-NIB-0525--Pencil, Blue/gold foil Bilingual.
Planner.
NSN: 7510-00-WIM-0552--Planner (DEP).
Polo Shirts.
NSN: 8415-00-NIB-0161--Polo Shirt, Navy blue, Small.
NSN: 8415-00-NIB-0160--Polo Shirt, Navy blue, XL.
NSN: 8415-00-NIB-0159--Polo Shirt, Navy blue, Large.
NSN: 8415-00-WIM-0171--Polo Shirt, XL Chaplain.
NSN: 8415-00-WIM-0170--Polo Shirt, Large Chaplain.
NSN: 8415-00-NIB-0162--Polo Shirt, Navy blue, Medium.
Retractable Badge Holder.
NSN: 8145-00-WIM-0020--Retractable Badge Holder, Blue.
Rulers.
NSN: 9905-00-WIM-0095--Ruler, Notable African American.
NSN: 9905-00-WIM-0090--Ruler, Presidential.
Slingbag.
NSN: 8465-00-WIM-0070--Bag (DEP), Slingbag, Blue Dep.
Stress Baseball.
NSN: 7830-00-NIB-0006--Stress Ball, Baseball.
Stress Basketball.
NSN: 7830-00-NIB-0005--Stress Ball, Basketball.
Stress Football.
NSN: 7830-00-NIB-0002--Stress Ball, Football.
Sunglasses.
NSN: 8465-00-NIB-0067--Sunglasses.
Table Cloth.
NSN: 8460-00-WIM-0004--Table Cloth.
Temporary Tattoos.
NSN: 9905-00-WIM-0091--Temporary Tattoos.
NSN: 9905-00-WIM-0092--Temporary Tattoos, NASCAR.
Travel Mug.
NSN: 7350-00-WIM-0151--Mug, 14oz. Blue Acrylic Mug, Enlisted.
NSN: 7350-00-WIM-0150--Mug, 11oz. Acrylic Mug, Chaplain Corps.
NSN: 7350-00-WIM-0149--Mug, 16oz. American Pride Travel Mug.
NSN: 7350-00-NIB-0147--Mug, 14oz. Blue Acrylic Mug, Health Care.
T-Shirts.
NSN: 8415-00-WIM-0168--T-Shirt, Chaplain, Protestant Version XL.
NSN: 8415-00-WIM-0167--T-Shirt, Chaplain, Protestant Version L.
NSN: 8415-00-WIM-0166--T-Shirt, Chaplain, Catholic Version XL.
NSN: 8415-00-WIM-0165--T-Shirt, Chaplain, Catholic Version L.
NSN: 8415-00-NIB-0158--T-Shirt, White XL Health Care.
NSN: 8415-00-NIB-0157--T-Shirt, White L Health Care.
NSN: 8415-00-NIB-0140--T-Shirt, White XL.
NSN: 8415-00-NIB-0139--T-Shirt, White L.
Tumbler.
NSN: 8125-00-NIB-0007--Tumbler, 16oz. White.
Water Bottle.
NSN: 8125-00-NIB-0006--Water Bottle, Screw Lid.
Zipper Jacket and Jogging Pants.
NSN: 8415-00-NIB-0144--T-Shirt, XL.
NSN: 8415-00-NIB-0143--T-Shirt, Large.
NSN: 8415-00-NIB-0142--T-Shirt, Medium.
NSN: 8415-00-NIB-0141--T-Shirt, Small.
    NPA: Industries for the Blind, Inc., Milwaukee, Wisconsin.
    Contracting Activity: Fleet and Industrial Supply Center, 
Philadelphia, Pennsylvania.

Services

    Service Type/Location: Custodial Services, Shasta Lake Ranger 
Station, 14225 Holiday Road, Redding, California.
    NPA: Shasta County Opportunity Center, Redding, California.
    Contracting Activity: USDA, Forest Service, Redding, Redding, 
California.
    Service Type/Location: Grounds Maintenance, Fort Worden 
Cemetery, Fort Worden State Park, Port Townsend, Washington.
    NPA: Skookum Educational Programs, Port Townsend, Washington.

[[Page 32569]]

    Contracting Activity: Directorate of Contracting, Fort Lewis, 
Washington.
    Service Type/Location: Mailroom Operation, DC Pretrial Services 
Agency, 633 Indiana Avenue, NW., Washington, DC.
    NPA: Didlake, Inc., Manassas, Virginia.
    Contracting Activity: DC Pretrial Services Agency, Washington, 
DC.

Deletions

    On April 1, and April 8, 2005, the Committee for Purchase From 
People Who Are Blind or Severely Disabled published notice (70 FR 
16797, and 17969) of proposed deletions to the Procurement List.
    After consideration of the relevant matter presented, the Committee 
has determined that the products and service listed below are no longer 
suitable for procurement by the Federal Government under 41 U.S.C. 46-
48c and 41 CFR 51-2.4.

Regulatory Flexibility Act Certification

    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 may result in additional reporting, recordkeeping or 
other compliance requirements for small entities.
    2. The action may result in authorizing small entities to furnish 
the product and service to the Government.
    3. 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 product and service deleted from the 
Procurement List.

End of Certification

    Accordingly, the following products and service are deleted from 
the Procurement List:

Product

Labels, Laser.
NSN: 7530-01-514-5944--Assorted Fluorescent.
    NPA: North Central Sight Services, Inc., Williamsport, 
Pennsylvania.
    Contracting Activity: Office Supplies & Paper Products 
Acquisition Center, New York, NY.

Service

    Service Type/Location: Janitorial/Custodial, Point Mugu Naval 
Air Station Commissary, Point Mugu, California.
    NPA: Association for Retarded Citizens--Ventura County, Inc., 
Ventura, California.
    Contracting Activity: Defense Commissary Agency, Fort Lee, 
Virginia.

Sheryl D. Kennerly,
Director, Information Management.
[FR Doc. E5-2854 Filed 6-2-05; 8:45 am]
BILLING CODE 6353-01-P