[Federal Register Volume 84, Number 169 (Friday, August 30, 2019)]
[Notices]
[Pages 45735-45736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18792]


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COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED


Procurement List; Addition and Deletions

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

ACTION: Addition to and deletions from the Procurement List.

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

DATES: Date added to and deleted from the Procurement List: September 
29, 2019.

ADDRESSES: Committee for Purchase From People Who Are Blind or Severely 
Disabled, 1401 S Clark Street, Suite 715, Arlington, Virginia 22202-
4149.

FOR FURTHER INFORMATION CONTACT: Michael R. Jurkowski, Telephone: (703) 
603-2117, Fax: (703) 603-0655, or email [email protected].

SUPPLEMENTARY INFORMATION: 

Addition

    On 5/17/2019, the Committee for Purchase From People Who Are Blind 
or Severely Disabled published notice of proposed addition to the 
Procurement List.
    The Commission received a public comment from counsel for the 
current contractor, citing impact on one employee who currently 
performs this work, lack of experience, and safety concerns for people 
with severe disabilities as the reasons for his client's objection to 
the Commission's action. The counsel asked the Commission to delay the 
addition of the service to the Procurement List until he and his client 
can address the Commission in person. For the reasons described below, 
the Commission has determined that the proposed Waste Management 
Services are suitable to be added to the Procurement List.
    The mission of the AbilityOne Program is to create employment 
opportunities for people who are blind or severely disabled through the 
Federal procurement system. In the process of adding products or 
services to the Program, the Commission is required to perform an 
impact analysis on the current contractor, which was accomplished with 
a finding of no severe adverse impact. In accordance with 41 CFR 51-
2.4(a)(4), the impact analysis focused on the company, rather than a 
specific individual. Further, if the project is not added to the 
AbilityOne Program, the current contractor will have to re-compete for 
a new contract, with no guarantee of a winning bid.
    For 23 years, the nonprofit agency proposed to perform the work, CW 
Resources, Inc. (CWR), has successfully provided similar trash hauling 
services for the U.S. Coast Guard Academy. This past performance is 
geographically relevant, as it is also located in New London, CT, 
making CWR familiar with waste management processes in this area. In 
addition, CWR is well established in the janitorial line of business, 
and performs on 46 Procurement List projects that are either purely 
janitorial/custodial projects or have a custodial component (e.g., PL# 
20145065, Janitorial, Grounds and Refuse Collection, U.S. Air Force, 
Arnold Air Force Base, TN.)
    Regarding the safety of individuals with significant disabilities, 
CWR has identified direct labor positions and tasks that can be safely 
performed by people with significant disabilities. The

[[Page 45736]]

waste management work includes janitorial and clerical tasks, both of 
which are core competencies for CWR and other nonprofit agencies in the 
AbilityOne Program. CWR will ensure that the candidates for these 
direct labor tasks have the appropriate documentation of disability to 
qualify under the definitions in the Javits-Wagner-O'Day Act and the 
Commission's regulation. The Commission recognizes that some 
significant disabilities are not physically limiting. Further, the 
Commission concludes that several of the waste management tasks can be 
performed by a person with one or more functional limitations described 
in 41 CFR 51-1.3.
    The Commentor requested to make an oral presentation to the 
Commission prior to the Agency's suitability determination regarding 
adding this service to the Procurement List. The Commission does not 
accept meeting requests from current contractors prior to commencing 
deliberations, as there is no provision in regulation for such 
meetings. Rather, any public party may request reconsideration after a 
Commission decision to add a product or service to the PL.
    After consideration of the material presented to it concerning 
capability of qualified nonprofit agencies to provide the service and 
impact of the addition on the current or most recent contractors, the 
Committee has determined that the 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 furnish the services to the 
Government.
    2. The action will result in authorizing small entities to furnish 
the 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 services proposed for addition to the 
Procurement List.

End of Certification

    Accordingly, the following service is added to the Procurement 
List:

Service

Service Type: Waste Management
Mandatory for: US Navy, NAVFAC Mid Atlantic Division, Naval 
Submarine Base New London, Groton, CT
Mandatory Source of Supply: CW Resources, Inc., New Britain, CT
Contracting Activity: DEPT OF THE NAVY, NAVAL FAC ENGINEERING CMD 
MID LANT

Deletions

    On 7/26/2019, 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 services 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 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 services deleted from the Procurement 
List.

End of Certification

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

Services

Service Type: Recycling, End of Life Electronics
Mandatory for: U.S. Mint: 633 3rd Street NW, Washington, DC
Mandatory Source of Supply: ServiceSource, Inc., Oakton, VA
Contracting Activity: TREASURY, DEPARTMENT OF THE, DEPT OF TREAS/

Service Type: Janitorial/Custodial
Mandatory for: Department of Energy: Yucca Mountain Site 
Characterization Office, Las Vegas, NV
Mandatory Source of Supply: Opportunity Village Association for 
Retarded Citizens, Las Vegas, NV
Contracting Activity: ENERGY, DEPARTMENT OF, HEADQUARTERS 
PROCUREMENT SERVICES

Service Type: Custodial Services
Mandatory for: VA Medical Center, Washington, DC
Mandatory Source of Supply: Didlake, Inc., Manassas, VA
Contracting Activity: VETERANS AFFAIRS, DEPARTMENT OF, NAC

Patricia Briscoe,
Deputy Director, Business Operations (Pricing and Information 
Management).
[FR Doc. 2019-18792 Filed 8-29-19; 8:45 am]
 BILLING CODE 6353-01-P