[Federal Register Volume 71, Number 231 (Friday, December 1, 2006)]
[Notices]
[Pages 69535-69538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20328]


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COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED


Clarification of Scope of Procurement List Additions; 2007 
Commodities Procurement List

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

ACTION: Clarification of scope of the procurement preference and 
sourcing requirements for commodities and other products on the 
Procurement List; Publication of commodities and related products with 
governmentwide

[[Page 69536]]

procurement preference (A List) as of January 1, 2007.

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SUMMARY: The Committee for Purchase From People Who Are Blind or 
Severely Disabled (the Committee) is clarifying the scope of the 
procurement preference and sourcing requirements for commodities and 
other products on the Procurement List and publishing those which have 
been identified as satisfying Governmentwide requirements and thus 
subject to Governmentwide procurement preference for 2007. The full 
list of products with Governmentwide procurement preference is posted 
on www.jwod.gov. Changes to the list as published in the Federal 
Register on April 28, 2006 (71 FR 25136-25143) are identified in this 
notice.

DATES: The effective date for the 2007 A List is January 1, 2007.

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 CONTACT: Kimberly M. Zeich, Telephone: (703) 
603-7740, Fax: (703) 603-0655, or e-mail [email protected].

SUPPLEMENTARY INFORMATION: The decentralized nature of today's Federal 
acquisition environment requires the Committee to more specifically 
consider and communicate the applicability of each Procurement List 
addition, depending on the type of product and scope of the associated 
requiring/contracting activities. There are effectively three 
categories of products furnished under the auspices of the Javits-
Wagner-O'Day (JWOD) Program, each with a different level of procurement 
source preference.
    The first category (the A List) contains commodity-type products 
that are commonly used in office and light industrial settings. These 
products, when furnished by the JWOD Program, are widely available 
through multiple Government and commercial distribution channels, and 
are delivered to customers in timeframes consistent with industry best 
practices. For most office supplies, this means on a next-day or two-
day basis. For oversize office products (e.g., chair mats), or 
janitorial/sanitary products, delivery times may be three to five days 
after receipt of order.
    ``A List'' products must be purchased by Federal employees whenever 
they are available within required timeframes and quantities. JWOD-
authorized commercial distributors must stock the items, obtain them 
from approved wholesalers or, to the extent permitted, coordinate 
nonprofit agency shipments, to make A List items available for quick 
delivery. Any ``essentially the same'' commercial equivalents to these 
products, as determined by the Committee, are identified to the 
Government and commercial distribution channels, and are excluded from 
contract sales to Federal employees in accordance with the Committee's 
regulations at 41 CFR 51-5.3(a). If a Federal customer orders an 
equivalent item, JWOD-authorized distributors are required to 
substitute and deliver the corresponding A List product instead. This 
effectively gives JWOD purchasing preference to each of the A List 
products across all entities of the Government, comparable to the Total 
Government Requirement scope previously extended to certain general 
Procurement List additions. A complete and updated copy of the A List 
will be maintained on the Committee's Web site at www.jwod.gov/distributors.
    Examples of A List products include writing instruments, paper 
pads, desktop accessories, and general purpose cleaner in retail-sized 
bottles. The A List, previously updated annually in conjunction with 
print catalog cycles, will be updated quarterly by the Committee staff 
beginning April 1, 2007. Note: As with any proposed addition, new 
products must first go through a notice and comment rulemaking process 
and receive the Committee's approval to be added to the Procurement 
List before being classified as or placed on the A List.
    The second category (the B List) contains products that are not 
used in volume in most offices, but have broad applicability across 
multiple Federal agencies, and the demand for these items is aggregated 
by the General Services Administration (GSA). As such, GSA is the JWOD 
Program's responsible contracting activity for these items on behalf of 
the rest of the Federal Government, just as GSA fulfills this role for 
the A List items. However, given the B List items' less-than-universal 
demand, particularly in terms of office use, the B List items are not 
required to be available through all commercial distribution channels. 
The B List items are available through the Federal Supply System, as 
managed by GSA, and will be carried by authorized commercial 
distributors who carry comparable commercial product families. The JWOD 
purchasing preference extends to these items and applies to all 
entities of the Government when such items meet customers' needs and 
are available in the timeframe and quantities necessary.
    Examples of B List items include inkjet large format paper and many 
cleaning supplies such as mops, chemical cleaning solutions and floor 
polishing pads. However, whether the commercial equivalents of such 
items will be excluded from contract sales to Federal employees will be 
decided by the Committee on a case-by-case analysis based on 
distribution channel and availability. This effectively gives JWOD 
purchasing preference to each of the B List products for the Broad 
Government Requirement.
    The third category (the C List) contains specialized or niche 
products (i.e., adapted to a specific function or demand) that are most 
often designed and manufactured to meet the needs of a single Federal 
agency, or a group of customers with a unique requirement. These 
products, when furnished under the JWOD Program, are sponsored by and 
have procurement preference for the specific Federal agency or agencies 
that defined the requirement. The JWOD procurement preference does not 
apply to Federal agencies that are not identified on the Procurement 
List documentation for such items. Generally, C List items are only 
made available to Federal customers through the distribution channels 
authorized by the requiring office. If Federal agencies whose 
requirements are not specified on the Procurement List would like to 
purchase C List items, they must refer their request to the sponsoring 
contracting activity. Alternatively, Federal agencies may ask the 
Committee to change the Procurement List in order to add their agency 
as an additional contracting activity.
    Examples of C List products include plastic mail trays added to the 
Procurement List for the specific requirements of the U.S. Postal 
Service, and tree marking paint sold by GSA for the exclusive use of 
the U.S. Forest Service. C List items may be labeled and marketed in a 
manner that associates them with the JWOD Program, but does not imply 
purchasing preference for either the Total Government Requirement (A 
List) or the Broad Government Requirement (B List).
    In the future, when proposing to add a product to its Procurement 
List, the Committee's notices published in the Federal Register will 
identify the category group (A List, B List or C List) to which the 
product has been assigned, and thus identify the intended scope of the 
JWOD procurement preference.
    Clerical corrections are hereby made to the following products and/
or producing nonprofit agencies proposed for the 2007 A List as 
published in the

[[Page 69537]]

Federal Register Notice of April 28, 2006 (71 FR 25136-25143):

Nonprofit Agency: Susquehanna Association for the Blind and Visually 
Impaired, Lancaster, PA
    Incorrect Noun Name: SKILCRAFT SAVVY Unreal Stop Remover
    Correct Noun Name: SKILCRAFT SAVVY Unreal Spot Remover
    NSN: 7930-01-517-6194
Nonprofit Agency: Louisiana Association for the Blind, Shreveport, 
LA

    The following products are shared with Blind Industries & 
Services of Maryland, Baltimore, MD; but were only listed under 
BISM. The list should reflect Louisiana Association as an authorized 
producer.

    Noun Name: Pad, Writing Paper
    NSN: 7530-00-239-8479
    NSN: 7530-01-372-3109
    NSN: 7530-00-285-3090
    NSN: 7530-01-372-3108
    NSN: 7530-01-516-7573
    NSN: 7530-01-516-7574
    NSN: 7530-01-516-7578
    NSN: 7530-01-516-7581
Nonprofit Agency: L.C. Industries for the Blind, Inc., Durham, NC

    The following products are not assigned to LCI and should not be 
listed for this nonprofit agency. However, the NSNs remain on the A 
List for Outlook, Nebraska.

    Noun Name: Paper, Toilet Tissue
    NSN: 8540-01-380-0690
    NSN: 8540-00-530-3770

    The following products proposed for the 2007 A List were not 
approved for the January 1, 2007 effective date and thus do not have a 
Total Government Requirement scope at this time. These items may be 
considered by the Committee for the A List in the future.
    The following items will be B List items:

NSN: 7045-01-365-2069
    Disk, Flexible
NSN: 7045-01-442-1631
    Disk, Flexible
NSN: 7045-01-470-3590
    Greendisk
NSN: 7530-01-501-2688
    Pad, Message, ``While You Were Out''
NSN: 7530-00-NIB-0549
    Folder, Classification
NSN: 7530-00-NIB-0551
    Folder, Classification
NSN: 7520-00-NIB-1461
    Pen, Gel Ink, Aristocrat (Black Ink)
NSN: 7530-00-NIB-0673
    Folder, Classification, Pressboard--Legal Size--1 Divider/4 
Part--Red
NSN: 7530-00-NIB-0679
    Folder, Classification, Pressboard--Letter Size--2 Divider/6 
Part--Gray/Green
NSN: 7510-00-NIB-0633
    Skilcraft Toner Cartridge
NSN: 7510-00-NIB-0641
    Skilcraft Toner Cartridge
NSN: 7510-00-NIB-0642
    Skilcraft Toner Cartridge
NSN: 7510-00-NIB-0644
    Skilcraft Toner Cartridge
NSN: 7530-00-NIB-0660
    CD/DVD Label Kit
NSN: 7530-00-NIB-0688
    CD/DVD Refills
NSN: 7530-01-463-3908
    Envelope, Inter-Departmental
NSN: 7530-01-463-3910
    Envelope, Inter-Departmental
NSN: 8110-01-443-8476
    Tube, Mailing and Filing
NSN: 8115-01-455-4036
    Box, Storage, File
NSN: 8115-01-455-4038
    Box, Storage, File
NSN: 8460-01-433-8398
    Briefcase, Black
NSN: 7510-01-431-6236
    Binder, Loose-leaf
NSN: 7510-01-431-6244
    Binder, Loose-leaf
NSN: 7510-01-431-6521
    Inking Pad, Rubber Stamp
NSN: 7510-01-435-9775
    Inking Pad
NSN: 7510-01-435-9776
    Inking Pad
NSN: 7510-01-467-6738
    Clip, Paper
NSN: 7520-01-431-6240
    Perforator, Paper, Desk, 3-Hole, Heavy-Duty, Black
NSN: 7520-01-431-6251
    Perforator, Paper, Desk, 3-Hole, Heavy-Duty, Black
NSN: 7520-01-457-0719
    File, Horizontal Desk
NSN: 7520-01-457-0721
    File, Horizontal Desk
NSN: 7520-01-457-0723
    File, Horizontal Desk
NSN: 7520-01-457-0724
    File, Horizontal Desk
NSN: 7520-01-457-0725
    File, Horizontal Desk
NSN: 7520-01-457-0726
    File, Horizontal Desk
NSN: 6545-01-433-8399
    Kit, First Aid

    The following item will remain as a proposed addition:

8455-00-NIB-0012
Retractable ID Badge Holder

Comments

    Comments on this clarification of scope as published in the Federal 
Register on April 28, 2006 (71 FR 25136-25143) were received from 14 
persons or organizations, 11 of which are nonprofit agencies 
participating in the JWOD Program. The nonprofit agencies comments 
consistently stated their general support for the timely addition of 
products to the Procurement List maintained by the Committee, 
characterizing it as critical to their success in generating and 
maintaining employment for people who are blind. Several also 
recommended the Committee's approval of specific products manufactured 
by their agencies that are included on the A List proposed in the 
Federal Register of April 28, 2006 (71 FR 25136-25143).
    Combined comments were received from the Central Nonprofit Agencies 
designated to work with JWOD-participating nonprofit agencies. These 
comments included de minimis clerical changes to a few of the published 
A List products or associated nonprofit agencies, and requests that 
several additional items be added to the 2007 A List which were not 
included in the initial publication in the Federal Register. The 
current notice includes the clerical changes recommended. However, none 
of the newly suggested additional products or NSNs were added to the 
January 1, 2007 A List because the public was not provided an 
opportunity to comment. Instead, these items may be considered for 
future A List designation.
    Two commenters from the above groups recommended that in the 
future, the Committee should only subject brand new items being 
proposed for Procurement List addition to the public notification 
process through the Federal Register, as the existing items have 
already been determined suitable by the Committee and are on the 
Procurement List via previous final rules. The Committee believes it is 
in the best interest of the JWOD Program and the public to give the 
maximum practicable visibility to the complete A List, which will have 
a total Government purchasing preference, and intends to continue 
publishing the A List in the Federal Register in its entirety, at least 
annually, for the foreseeable future.
    Several comments received related to the B List as described in the 
initial publication. The purpose of the notice was to clarify the A 
List for the JWOD Program; however, distinction from the B List was a 
necessary part of the A List definition. The Committee has adopted some 
recommendations to better distinguish the B List from the A List, and 
in making such distinctions, the Committee has described a ``C List'' 
of products, as well. The current notice includes a parenthetical 
definition of the term ``niche,'' as recommended. The Committee has 
clarified that B List items, and now C List items, may be labeled and 
marketed in a manner that associates them with the JWOD Program, but 
does not imply purchasing preference for the total Government 
requirement. The C List incorporates the R List for restricted items 
that was described in the earlier notice.
    One commenter recommended that the Committee provide more 
descriptive information for the B List items, including size, color, or 
unit of issue, to better enable resellers or manufacturers to determine 
whether the addition of items to the B List would have a severe

[[Page 69538]]

adverse impact on their business. Another commenter recommended that 
the Committee abolish the B List and allow those products to be sold to 
the Federal Government by small businesses. As noted above, the purpose 
of the proposed policy is to clarify the A List. While the Committee is 
not considering substantive changes to the B List at this time, it may 
further clarify the B List in the future and will consider any 
recommendations (past or future) for the improvement of the B List.
    One commenter from the reseller community requested the Committee's 
review and suspension of nine NSNs from the 2007 A List, which it 
states were still under contract when added to the Procurement List in 
2005. The commenter claimed that these nine items were subsequently 
improperly purchased by GSA. The Committee investigated this concern 
and received documentation from GSA showing that each of the products' 
commercial contracts had expired before the Procurement List effective 
date and placement of initial orders under the auspices of the JWOD 
Program. This commenter also addressed the Committee's policy regarding 
commercial products that are ``essentially the same'' as JWOD preferred 
products. The Committee notes that the ``essentially the same'' policy 
is on its 2007 Regulatory Agenda, and comments will be solicited 
regarding that rule in the Federal Register at that time.
    Comments were received from an industry association representing 
manufacturers and resellers of office supplies. In addition to 
addressing the B List as discussed above, this commenter requested that 
the Committee make public its impact analysis conducted on the current 
contractors for products that are proposed for addition to the 
Procurement List. The Committee does not believe such disclosure would 
be appropriate. Consistent with the Freedom of Information Act (FOIA), 
Exemption 4, 5 U.S.C. Sec.  552(b)(4), the sales data obtained by the 
Committee and calculations based on such data are privileged, 
confidential commercial/financial information which is exempt from 
disclosure. Not only is this information submitted to the Committee in 
confidence, but its release would cause substantial harm to those 
organizations' respective competitive positions by affording their 
competitors information which could be used to the organizations' 
commercial disadvantage.
    This commenter recommended that the Committee consider the impact 
of its actions on the small business community and that it specifically 
consider impact on manufacturers as well as contract resellers. The 
Committee has and will continue to consider the impact of every 
Procurement List addition action on current contracts, as required by 
its regulatory suitability criteria. Based on substantial research, the 
Committee finds that the Federal Government spends approximately 5 
percent of the amount spent for similar office products commercially. 
For cleaning products, this percentage drops to 2.4% of the commercial 
expenditure. Therefore, the maximum total market impact would be 5% or 
less on any given item, assuming a distributor or manufacturer had all 
of the Federal business and that the JWOD product subsequently captured 
all of that business. It is also noted that the Committee deletes 
products from the Procurement List as well as adding them. Further, 
authorized JWOD distributors can switch from offering the existing 
commercial products to selling the JWOD products, thereby keeping their 
revenue stream steady. The Committee's impact process has historically 
focused on the firm that has privity of contract with the Federal 
Government, rather than that firm's suppliers, who can be and are often 
changed at any time for a variety of business considerations.

Patrick Rowe,
Deputy Executive Director.
 [FR Doc. E6-20328 Filed 11-30-06; 8:45 am]
BILLING CODE 6353-01-P