[Federal Register Volume 73, Number 164 (Friday, August 22, 2008)]
[Notices]
[Pages 49644-49645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19476]


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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.

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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.

DATES: Effective Date: September 21, 2008.

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: 

Additions

    On June 20 and June 27, 2008, the Committee for Purchase From 
People Who Are Blind or Severely Disabled published notice (73 FR35118; 
35119; 36492) of proposed additions to the Procurement List.
    The following comments pertain to Bulletin Rails; Bulletin Board; 
and Marker Board, Wall Mounted:
    Comments were received from a contractor that provides some of the 
same commodities and is an authorized distributor of AbilityOne 
products. The contractor stated that adding the proposed products to 
the Procurement List will have a significantly adverse effect on her 
company. However, the contractor did not demonstrate that her firm 
holds a contract specifically for the proposed products versus holding 
a multiple award contract for a broad category of products such as 
office supplies. The Committee determined that its action will not have 
a severe adverse impact on this contractor, as the company continues to 
be able to do business with the government and may sell the AbilityOne 
products in lieu of commercial equivalents to its federal customers.
    Comments were received from a manufacturer's representative group, 
stating that the addition of the proposed products to the Procurement 
List will have significant impact on her business and a substantial 
number of small entities who can no longer sell commercial equivalent 
products to federal customers. The commenter stated that companies are 
struggling to survive in the current economy without having to compete 
with AbilityOne. The commenter questioned whether the products would in 
fact be produced with 75% direct labor from people who are blind and 
whether the products would be compliant with the Trade Agreements Act 
(TAA).
    The commenter did not support the claim that there was significant 
impact on her business with specific contract or financial information. 
As stated above, large and small office supply dealers will continue to 
be able to do business with the government if they become authorized to 
sell the AbilityOne manufactured products in the place of commercial 
equivalents. In addition, the AbilityOne Program pertains to federal 
purchasing, which is a small share of the U.S. market for office 
supplies. The nonprofit agency designated to manufacture the proposed 
products is in full compliance with Committee regulations for direct 
labor by people who are blind, and proposes to manufacture the subject 
items with 81% direct labor provided by people who are blind, creating 
over 10 new jobs annually for these individuals. The production will 
include several cutting functions, assembling, attaching/including 
hardware and packaging the products, constituting a substantial 
transformation. The resulting products, once added to the Procurement 
List, will be compliant with the TAA.
    The following comment pertains to Stapler, Spring Power:
    A comment was received from an AbilityOne nonprofit agency 
employing persons with severe disabilities that currently supplies 
staplers under the AbilityOne Program to Federal customers. In its 
comment, the nonprofit stated that the addition of the spring powered 
staplers would have a significant negative impact on its current line 
of staplers and indicated that the spring powered staplers should be 
awarded to them as a product line extension.
    The Javits-Wagner-O'Day (JWOD) Act establishes a clear priority for 
products produced and offered for sale by qualified nonprofit agencies 
for the

[[Page 49645]]

blind over products produced and offered for sale by qualified 
nonprofit agencies for other severely handicapped (41 U.S.C. 47(d)(2)). 
National Industries for the Blind (NIB) has not previously waived the 
priority for all staplers in the stapler line. Spring powered staplers 
have been available to the Government from commercial vendors via GSA 
schedule contracts concurrent with the sale of the nonprofit's standard 
stapler for a considerable time; therefore the addition to the 
Procurement List of spring powered staplers will not have a severe 
adverse impact on the sale of standard staplers by the nonprofit 
agency.
    The following material pertains to all of the items being added to 
the Procurement List:
    After consideration of the material presented to it concerning 
capability of qualified nonprofit agencies to provide the product 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.

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

Bulletin Rails

NSN: 7520-00-NIB-1801--48'', Natural Cork, Aluminum Frame.
NSN: 7520-00-NIB-1802--36'', Natural Cork, Aluminum Frame.
NSN: 7520-00-NIB-1803--24'', Natural Cork, Aluminum Frame.

Marker Board, Wall Mounted

NSN: 7110-00-NIB-0037--3'x2' , Combo Dry Erase, Cork Board, Oak 
Finish.
NSN: 7110-00-NIB-0038--24''x18'', Melamine, Dry Erase Board, Thin 
Aluminum Frame.
NSN: 7110-00-NIB-0042--24''x18'', Cork Board, Oak Finish.
NSN: 7110-00-NIB-0047--3'x2', Fabric Board, Grey, Black Plastic 
Radius Corners.
NSN: 7110-00-NIB-0048--4--12''x12'', Cork, Panels w/Adhesive Backing 
(no frame).
NSN: 7110-00-NIB-0050--1''x3'', Cork Board, Vertical, Slim Line Oak 
Finish.
NSN: 7110-00-NIB-0060--5'x3', Porcelain Magnetic Dry Erase Board, 
Thick Aluminum.
NSN: 7110-01-416-5198--24''x18'', Melamine, Dry Erase Board, Thin 
Aluminum.
NSN: 7195-01-235-4161--3'x2', Cork Board, Oak Finish.
Coverage: A-List for the total Government requirements as specified 
by the General Services Administration.

Bulletin Board

NSN: 7195-01-218-2026-4'x3', Cork Board, Oak Finish.

Marker Board, Wall Mounted

NSN: 7110-00-NIB-0028--24''x13'', Dry Erase, Cubicle Board, 
Aluminum.
NSN: 7110-00-NIB-0029--30''x18'', Dry Erase, Cubicle Board, 
Aluminum.
NSN: 7110-00-NIB-0030--30''x18'', Combo Dry Erase, Cubicle Color 
Cork Board, Aluminum.
NSN: 7110-00-NIB-0031--30''x18'', Cubicle Color Cork Board, 
Aluminum.
NSN: 7110-00-NIB-0032--30''x18'', Dry Erase, 1 mo. Calendar, 
Aluminum.
NSN: 7110-00-NIB-0039--4'x3', Combo Dry Erase, Cork Board, Oak 
Finish.
NSN: 7110-00-NIB-0040--6'x4', Melamine Dry Erase Magnetic, Thick 
Aluminum Frame.
NSN: 7110-00-NIB-0043--6'x4', Porcelain, Dry Erase Magnetic, Thick 
Aluminum Frame.
NSN: 7110-00-NIB-0045--24''x18'', In/Out Board System, Thin Aluminum 
Frame.
NSN: 7110-00-NIB-0046--4'x3', Fabric Board, Black Plastic, Radius 
Corners.
NSN: 7110-00-NIB-0049--6'x4', Cork Board, Thin Aluminum Frame.
NSN: 7110-00-NIB-0051--6'x4', Cork Board, Oak Finish.
Coverage: B-List for the broad Government requirement as specified 
by the General Services Administration
NPA: The Lighthouse for the Blind, Inc. (Seattle Lighthouse), 
Seattle, WA.
Contracting Activity: General Service Administration, Federal Supply 
Service, National Furniture Acquisition Center, Arlington, VA.

Stapler, Spring Powered

NSN: 7520-00-NIB-1916--20 sheet capacity.
NSN: 7520-00-NIB-1917--60 sheet capacity.
NSN: 7520-00-NIB-1992--15 sheet capacity.
NSN: 7520-00-NIB-1993--25 sheet capacity.
Coverage: A-List for the total Government requirements as specified 
by the General Services Administration.
NPA: Winston-Salem Industries for the Blind, Winston-Salem, NC.
Contracting Activity: General Services Administration, Federal 
Supply Services, Region 2, New York, NY.

Services

Service Type/Location: Custodial Services, Illinois Military 
Academy, 1301 North MacArthur Road, Springfield, IL.
NPA: United Cerebral Palsy of the Land of Lincoln, Springfield, IL.
Contracting Activity: Illinois National Guard--Camp Lincoln, 
Springfield, IL.
Service Type/Location: Facilities Management, Naval Surface Warfare 
Center, Acoustic Research Detachment (ARD), Bayview, ID.
NPA: Skookum Educational Programs, Bremerton, WA.
Contracting Activity: Naval Facilities Engineering Command (NAVFAC), 
Silverdale, WA.

    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.

Kimberly M. Zeich,
Director, Program Operations.
 [FR Doc. E8-19476 Filed 8-21-08; 8:45 am]
BILLING CODE 6353-01-P