[Federal Register Volume 79, Number 158 (Friday, August 15, 2014)]
[Notices]
[Pages 48127-48129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19397]


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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 the Procurement List.

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

DATES: Effective Date: 9/15/2014.

ADDRESSES: Committee for Purchase From People Who Are Blind or Severely 
Disabled, 1401 S. Clark Street, Suite 10800, Arlington, Virginia 22202-
4149.

FOR FURTHER INFORMATION CONTACT: Barry Lineback, Telephone: (703) 603-
7740, Fax: (703) 603-0655, or email [email protected].

SUPPLEMENTARY INFORMATION: 

Additions

    On 5/30/2014 (79 FR 31095-31096); 6/13/2014 (79 FR 33911-33912); 
and 6/20/2014 (79 FR 35320), the Committee for Purchase From People Who 
Are Blind or Severely Disabled published notices 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. 8501-8506 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 provide the products and 
services to the Government.
    2. The action will result in authorizing small entities to provide 
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. 
8501-8506) 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

Socket Set

NSN: 5120-00-NIB-0111--\1/4\ Drive Shallow, SAE 6 and 12 Point 
Fasteners, 10 Pieces
NSN: 5120-00-NIB-0112--\1/4\ Drive Deep, SAE 6 and 12 Point 
Fasteners, 10 Pieces
NSN: 5120-00-NIB-0113--Combination, \1/4\ Drive Shallow, SAE 6 and 
12 Point Fasteners, 14 Pieces
NSN: 5120-00-NIB-0114--\3/8\ Drive Shallow, SAE 12 Point Fasteners, 
11 Pieces
NSN: 5120-00-NIB-0115--\3/8\ Drive Deep, SAE 12 Point Fasteners, 13 
Pieces
NSN: 5120-00-NIB-0116--Combination, \3/8\ Shallow, SAE 12 Point 
Fasteners, 18 Pieces
NSN: 5120-00-NIB-0117--\1/2\ Drive Shallow, SAE 6 and 12 Point 
Fasteners, 13 Pieces
NSN: 5120-00-NIB-0118--\1/2\ Drive Deep, SAE 12 Point Fasteners, 13 
Pieces
NSN: 5120-00-NIB-0119--Combination, \1/2\ Drive Shallow, SAE 12 
Point Fasteners, 17 Pieces
NPA: Wiscraft, Inc., Milwaukee, WI
Contracting Activity: General Services Administration, Kansas City, 
MO
Coverage: B-List for the Broad Government Requirement as aggregated 
by the General Services Administration, Kansas City, MO.

Services

Service Type/Location: Warehouse & Supply Support Service, Space and 
Naval Warfare Systems Center Atlantic, One Innovation Dr., Bldg. 
3147 North Charleston, SC
NPA: Goodwill Services, Inc., Richmond, VA
Contracting Activity: Dept of the Navy, SPAWAR Systems Center 
Atlantic, North Charleston, SC

Service Type/Location: IT Service Desk Support Service, USDA Forest 
Service, 101B Sun Avenue NE., Suite 200, Albuquerque, NM
NPA: Peckham Vocational Industries, Inc., Lansing, MI
Contracting Activity: Department of Agriculture Forest Service, WO-
AQM IT Support, Albuquerque, NM

    Comments: Comments were received from an AbilityOne nonprofit 
agency (NPA) that provides home-based employment for people with severe 
disabilities (hereafter ``home-based NPA''). The home-based NPA was 
among the AbilityOne NPAs considered to provide the IT Service Desk 
Support service to USDA. However, the central nonprofit agency (CNA) 
that is required to propose projects, along with qualified and capable 
NPAs to perform the projects, to the Committee for Procurement List 
(PL) consideration, did not recommend the home-based NPA to perform the 
subject service.
    The home-based NPA's comments focused on the CNA's procedures for 
evaluating its NPAs when making recommendations to the Committee of 
suitable projects for the government to procure from qualified 
nonprofit agencies. The home-based NPA asserts the CNA's evaluation of 
its NPA and the subsequent recommendation were flawed since the CNA did 
not consider which NPA would maximize employment for people with severe 
disabilities. The home-based NPA also states that the CNA 
recommendation is not sufficient to support a government contract award 
decision and the review and recommendation was based on stale 
information that did not include the fact that the home-based NPA is 
currently performing these services for USDA. The home-based NPA also 
stated that it appealed the CNA recommendation through program 
channels; however, the appeal was not properly evaluated by the CNA and 
Committee staff. Therefore, the home-based NPA asserts that the 
recommendation should not be relied upon by the Committee.
    The Javits-Wagner-O'Day (JWOD) Act authorized the Committee to 
establish rules and regulations to administer the AbilityOne Program 
and directs the Committee to designate CNAs to assist in the program. 
Committee regulations require the CNAs to evaluate the qualifications 
and capabilities of the NPAs they represent in the AbilityOne Program. 
Committee regulations and

[[Page 48128]]

policy also establish criteria and procedures that are used when 
considering products and services for addition to the PL and in 
determining which of the approximately 600 qualified NPAs will be 
designated to perform specific projects added to the PL.
    In this instance, the CNA recommended that the IT Service Desk 
Support service be considered for addition to the PL. The CNA also 
recommended a qualified AbilityOne NPA to perform the service for USDA; 
however, it was not the home-based NPA. The home-based NPA did not 
agree with the CNA recommendation and twice appealed the decision 
through the established AbilityOne Program procedures. The Committee ED 
conducted remanded the CNA's first selection for recommendation back to 
SourceAmerica for corrective action. The corrective action required a 
second review process with new proposal submissions and a new and 
independent SourceAmerica review team. The second review team results 
and CNA recommendation was appealed by the home-based NPA. On review of 
the new NTI appeal the Commission ED concluded that the CNA followed 
and documented its process as required; therefore, there was no change 
or corrective action to the CNA recommendation of the NPA to perform 
the service. The CNA was then able to submit the Call Center PL 
addition for consideration of the Commission.
    The Committee does not subscribe to the commenter's suggestion that 
products and services added to the PL must be furnished by the 
AbilityOne nonprofit agency that will maximize employment for people 
who are blind or severely disabled. Neither the JWOD Act nor the 
implementing regulations impose that as a requirement determining what 
nonprofit will provide the PL service. The JWOD Act requires all 
qualified nonprofit agencies to employ persons who are blind or 
significantly disabled on an annual basis for not less than 75% of the 
direct labor hours required to furnish products or services. To be 
considered suitable, Committee regulations require every AbilityOne 
product or service to meet the Federal customer's requirement and 
standards, as well as provide employment potential for people who are 
significantly disabled. The vision of the AbilityOne Program is to 
enable each person with a disability to maximize his or her employment 
potential. None of these guidelines impose a measure of maximizing 
employment on a project level, which, if not balanced, could lead to 
inefficiencies or suboptimal solutions that are not in the best 
interest of the Government.
    The home-based NPA's comment that the CNA recommendation is not 
sufficient to support a government contract award misstates the facts. 
The Committee determines which products and services are suitable for 
addition to the PL and designates which NPA will furnish the product or 
service to the government. The Committee does not award contracts to 
NPAs after items are added to the PL, nor does the CNA recommendation 
dictate the Committee's decision. The government contract award is made 
by the appropriate contracting activity and is authorized by the PL 
addition in accordance with the JWOD Act.
    The home-based NPA also asserts that the CNA recommendation was 
based on stale information, since the CNA evaluation did not consider 
that the home-based NPA is currently performing contact center services 
for USDA. The home-based NPA's comments state it is the incumbent. The 
Committee finds that the home-based NPA does not have a contract with 
the USDA for the Call Center, but a modest subcontract with the current 
commercial provider (IBM). Such commercial subcontracts are not 
evaluated by the Committee, as there is no requirement that commercial 
contracts meet JWOD Act standards. The home-based NPA established the 
subcontract after it was not recommended by the CNA to furnish the 
service. Prime contractors, not their subcontractors; have a 
contractual relationship with the government and primes are the 
incumbent. Therefore, the existence of a subcontract does not confer a 
priority over nonprofit agencies recommended to be the prime 
contractors through the established CNA process.
    Having fully considered all appropriate information, including 
information submitted by the CNA as required by Committee regulations, 
the Committee is satisfied that the IT Service Desk Support service is 
suitable for procurement by the Government and that the AbilityOne 
nonprofit agency designated by the Committee to perform the service is 
qualified and capable.

Deletions

    On 7/11/2014 (79 FR 40066-40067), the Committee for Purchase From 
People Who Are Blind or Severely Disabled published notice of proposed 
deletions from the Procurement List.
    After consideration of the relevant matter presented, the Committee 
has determined that the products listed below are no longer suitable 
for procurement by the Federal Government under 41 U.S.C. 8501-8506 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 additional reporting, 
recordkeeping or other compliance requirements for small entities.
    2. The action may result in authorizing small entities to furnish 
the products 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. 
8501-8506) in connection with the products deleted from the Procurement 
List.

End of Certification

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

Products

NSN: 2510-01-251-8548--Blanket, Insulation, Thermal, Vehicular.
NSN: 2510-01-251-9995--Panel, Insulation, Vehicular, Interior Left 
Hand Front Tunnel.
NSN: 2510-01-335-7363--Panel, Insulation, Vehicular, Interior Right 
Hand Front Tunnel.
NSN: 2510-01-421-8067--Panel, Insulation, Vehicular, Cab.
NPA: New York City Industries for the Blind, Inc., Brooklyn, NY.
Contracting Activity: Defense Logistics Agency Land and Maritime, 
Columbus, OH.

Label, Pressure-Sensitive Adhesive

NSN: 7530-00-577-4368.
NSN: 7530-00-577-4369.
NSN: 7530-00-577-4370.
NSN: 7530-00-577-4371.
NSN: 7530-00-577-4372.
NSN: 7530-00-577-4376.
NSN: 7530-00-982-0062.
NSN: 7530-00-982-0064.
NSN: 7530-00-982-0065.
NSN: 7530-00-982-0066.
NPA: North Central Sight Services, Inc., Williamsport, PA.
Contracting Activity: General Services Administration, New York, NY.
NSN: 8465-00-118-4956--Cover, Canteen, Water, Natural, 1 qt.
NPA: Lions Industries for the Blind, Inc., Kinston, NC.
Contracting Activity: Defense Logistics Agency Troop Support, 
Philadelphia,

[[Page 48129]]

PA.

Patricia Briscoe,
Deputy Director, Business Operations (Pricing and Information 
Management).
[FR Doc. 2014-19397 Filed 8-14-14; 8:45 am]
BILLING CODE 6353-01-P