[Federal Register Volume 87, Number 179 (Friday, September 16, 2022)]
[Notices]
[Pages 56934-56935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20113]


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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 product(s) and service(s) to the Procurement 
List that will be furnished by nonprofit agencies employing persons who 
are blind or have other severe disabilities.

DATES: Date added to and deleted from the Procurement List: October 16, 
2022.

ADDRESSES: Committee for Purchase From People Who Are Blind or Severely 
Disabled, 355 E Street SW, Washington, DC 20024.

FOR FURTHER INFORMATION CONTACT: Michael R. Jurkowski, Telephone: (703) 
785-6404, or email [email protected].

SUPPLEMENTARY INFORMATION:

Additions

    On 6/10/2022, 6/24/2022, and 7/15/2022, the Committee for Purchase 
From People Who Are Blind or Severely Disabled published notice of 
proposed additions to the Procurement List. This notice is published 
pursuant to 41 U.S.C. 8503 (a)(2) and 41 CFR 51-2.3.
    After consideration of the material presented to it concerning 
capability of qualified nonprofit agencies to provide the product(s) 
and service(s) and impact of the additions on the current or most 
recent contractors, the Committee has determined that the product(s) 
and service(s) 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 product(s) and 
service(s) to the Government.
    2. The action will result in authorizing small entities to furnish 
the product(s) and service(s) 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 product(s) and service(s) proposed 
for addition to the Procurement List.

End of Certification

    Accordingly, the following product(s) and service(s) are added to 
the Procurement List:

Product(s)

NSN(s)--Product Name(s): 6930-01-692-1671--Set, Army Combat Fitness 
Equipment (ACFT)
Designated Source of Supply: Envision, Inc., Wichita, KS
Mandatory For: 100% of the requirement of the U.S. Army
Contracting Activity: DEFENSE LOGISTICS AGENCY, DLA TROOP SUPPORT 
C&E (L&M PV)
Distribution: C-List

    The Committee finds good cause to dispense with the 30-day delay 
in the effective date normally required by the Administrative 
Procedure Act. See 5 U.S.C. 553(d). This addition to the Committee's 
Procurement List is effectuated due to funding for the Defense 
Logistics Agency Troop Support contract. The Federal customer 
contacted and has worked diligently with the AbilityOne Program to 
fulfill this service need under the AbilityOne Program. To avoid 
performance disruption, and the possibility that the Defense 
Logistics Agency Troop Support will refer its business elsewhere, 
this addition must be effective on September 30, 2022, ensuring 
timely execution for a October 1, 2022, start date while still 
allowing 14 days for comment. The Committee published a notice of 
proposed Procurement List addition in the Federal Register on June 
10, 2022 and did not receive any comments from any interested 
persons, including from the incumbent contractor. This addition will 
not create a public hardship and has limited effect on the public at 
large, but, rather, will create new jobs for other affected 
parties--people with significant disabilities in the AbilityOne 
program who otherwise face challenges locating employment. Moreover, 
this addition will enable Federal customer operations to continue 
without interruption.

Service(s)

Service Type: Facilities Support Services
Mandatory for: US Navy, Naval Sea Systems Command, Southwest 
Regional Maintenance Center, Naval Base San Diego, Naval Base 
Coronado (North Island), and Naval Base Point Loma, San Diego, CA
Designated Source of Supply: Professional Contract Services, Inc., 
Austin, TX
Contracting Activity: DEPT OF THE NAVY, SOUTHWEST REGIONAL MAINT 
CENTER

    The Committee finds good cause to dispense with the 30-day delay 
in the effective date normally required by the Administrative 
Procedure Act. See 5 U.S.C. 553(d). This addition to the Committee's 
Procurement List is effectuated because of the expiration of the 
U.S. Navy, Facilities Support Services contract. The Federal 
customer contacted and has worked diligently with the AbilityOne 
Program to fulfill this service need under the AbilityOne Program. 
To avoid performance disruption, and the possibility that the U.S. 
Navy will refer its business elsewhere, this addition must be 
effective on September 30, 2022, ensuring timely execution for an 
October 1, 2022, start date while still allowing 14 days for 
comment. Pursuant to its own regulation 41 CFR 51-2.4, the Committee 
determined that no severe adverse impact exists. The Committee also 
published a notice of proposed Procurement List addition in the 
Federal Register on July 15, 2022 and did not

[[Page 56935]]

receive any comments from any interested persons, including from the 
incumbent contractor. This addition will not create a public 
hardship and has limited effect on the public at large, but, rather, 
will create new jobs for other affected parties--people with 
significant disabilities in the AbilityOne program who otherwise 
face challenges locating employment. Moreover, this addition will 
enable Federal customer operations to continue without interruption.

Service Type: Mail and Courier Services
Mandatory for: U.S. Customs and Border Protection, Port of JFK 
Mailroom, Jamaica, NY and Port of New York/Newark Mailroom, Newark, 
NJ
Designated Source of Supply: The Corporate Source, Inc., Garden 
City, NY
Contracting Activity: U.S. CUSTOMS AND BORDER PROTECTION, BORDER 
ENFORCEMENT CTR DIV

    The Commission received one (1) public comment.
    The comment articulated the current contractor's concerns 
regarding the addition of this service to the Procurement List, 
stating that the current contractor is a certified Service-Disabled 
Veteran-Owned Small Business and that five percent of its workforce 
are also disabled veterans. The comments stated that 33 percent of 
the current contractor's employees live in HUBZones. The current 
contractor is not, however, a Small Business Administration 
certified HUBZone business, and did not state whether any of the 
employees who are veterans or living in a HUBZone work on the 
requirement proposed for Procurement List addition.
    The commenter asserted that people who are blind would not be 
able to successfully perform the types of services required. The 
commenter, however, presented no credentials or experience related 
to determining whether workplaces are accessible to people who are 
blind. The recommended nonprofit agency to perform the work has 
demonstrated substantial experience operating mailrooms at other 
locations for the same customer, in which several employees have 
significant disabilities.
    The commenter expressed concern that the Commission's second 
notice letter to the current contractor was delivered by the 
domestic package carrier to the wrong address. The Commission makes 
every effort to directly notify current contractors in writing, and 
to send follow-up notices. The Commission points out that its first 
notice letter was delivered to the current contractor, and its 
Notice of Proposed Addition in the Federal Register provided 
additional notice to the firm, resulting in direct communication, 
after which the Commission forwarded the second notice via email.
    The purpose of the AbilityOne Program is to provide employment 
opportunities for individuals who are blind or have significant 
disabilities through the delivery of products and services by 
nonprofit agencies employing such individuals. The Commission 
applies criteria in accordance with its regulation 41 CFR 51-2.4 and 
determines whether products or services are suitable to be procured 
from nonprofit agencies employing people with significant 
disabilities. In doing so, the Commission considers the employment 
potential, whether there is a qualified nonprofit agency employing 
people who are blind or have significant disabilities, whether that 
nonprofit agency is capable of performing the work, and whether 
there will be a severe adverse impact on the current contractor. In 
this case, the Commission found that all suitability criteria were 
met. The Commission determined that the proposed addition, if 
approved, will not have a severe adverse impact on the current 
contractor, based on the information made available for the 
Commission's review and consideration.
    The Committee finds good cause to dispense with the 30-day delay 
in the effective date normally required by the Administrative 
Procedure Act. See 5 U.S.C. 553(d). This addition to the Committee's 
Procurement List is effectuated because of the expiration of the 
Customs and Border Protection, Mail and Courier Services Ports of 
JFK, NY and NY/Newark, NJ contract. The Federal customer contacted 
and has worked diligently with the AbilityOne Program to fulfill 
this service need under the AbilityOne Program. To avoid performance 
disruption, and the possibility that the Customs and Border 
Protection will refer its business elsewhere, this addition must be 
effective on September 28, 2022, ensuring timely execution for a 
September 29, 2022, start date while still allowing 12 days for 
comment. Pursuant to its own regulation 41 CFR 51-2.4, the Committee 
has been in contact with one of the affected parties, the incumbent 
of the expiring contract, since March 2022 and determined that no 
severe adverse impact exists. The Committee also published a notice 
of proposed Procurement List addition in the Federal Register on 
June 21, 2022 and did not receive any comments from any interested 
persons, including from the incumbent contractor. This addition will 
not create a public hardship and has limited effect on the public at 
large, but, rather, will create new jobs for other affected 
parties--people with significant disabilities in the AbilityOne 
program who otherwise face challenges locating employment. Moreover, 
this addition will enable Federal customer operations to continue 
without interruption.

Service Type: Postal Service Center Operations
Mandatory for: U.S. Air Force, Travis Air Force Base, CA
Designated Source of Supply: VersAbility Resources, Inc., Hampton, 
VA
Mandatory Source of Supply: Nobis Enterprises, Inc., Marietta, GA
Contracting Activity: DEPT OF THE AIR FORCE, FA4427 60 CONS LGC

Service Type: Postal Service Center Operations
Mandatory for: U.S. Air Force, Travis Air Force Base, CA

    The Committee finds good cause to dispense with the 30-day delay 
in the effective date normally required by the Administrative 
Procedure Act. See 5 U.S.C. 553(d). This addition to the Committee's 
Procurement List is effectuated because of the expiration of the 
U.S. Air Force contract. The Federal customer contacted and has 
worked diligently with the AbilityOne Program to fulfill this 
service need under the AbilityOne Program. To avoid performance 
disruption, and the possibility that the U.S. Air Force will refer 
its business elsewhere, this addition must be effective on September 
30, 2022, ensuring timely execution for a October 1, 2022, start 
date while still allowing 14 days for comment. Pursuant to its own 
regulation 41 CFR 51-2.4, the Committee determined that no severe 
adverse impact exists. The Committee also published a notice of 
proposed Procurement List addition in the Federal Register on June 
10, 2022 and did not receive any comments from any interested 
persons, including from the incumbent contractor. This addition will 
not create a public hardship and has limited effect on the public at 
large, but, rather, will create new jobs for other affected 
parties--people with significant disabilities in the AbilityOne 
program who otherwise face challenges locating employment. Moreover, 
this addition will enable Federal customer operations to continue 
without interruption.

Michael R. Jurkowski,
Acting Director, Business Operations.
[FR Doc. 2022-20113 Filed 9-15-22; 8:45 am]
BILLING CODE 6353-01-P