[Federal Register Volume 60, Number 231 (Friday, December 1, 1995)]
[Notices]
[Page 61684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29326]
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COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED
Procurement List Addition
AGENCY: Committee for Purchase From People Who Are Blind or Severely
Disabled.
ACTION: Addition to the procurement list.
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SUMMARY: This action adds to the Procurement List a service to be
furnished by nonprofit agencies employing persons who are blind or have
other severe disabilities.
EFFECTIVE DATE: January 2, 1996.
ADDRESSES: Committee for Purchase From People Who Are Blind or Severely
Disabled, Crystal Square 3, Suite 403, 1735 Jefferson Davis Highway,
Arlington, Virginia 22202-3461.
FOR FURTHER INFORMATION CONTACT: Beverly Milkman, (703) 603-7740.
SUPPLEMENTARY INFORMATION: On September 15, 1995, the Committee for
Purchase from People who are Blind or Severely Disabled published
notice (60 F.R. 47937) of proposed addition to the Procurement List.
Comments were received from an association representing small
disadvantaged businesses and from a company which was a contractor for
related services at the same Government installation. The association
questioned the Committee's practice of providing notice of the proposed
addition to the Procurement List only in the Federal Register, and
claimed, without providing any supporting information, that the
proposed addition would have a severe economic impact on small
businesses that support the installation. The company claimed that the
addition would have a severe adverse impact on it, and also claimed
that procurement regulations had been violated in connection with the
current contract to provide these services to the Government.
The Committee is required by its statute, at 41 U.S.C. 47(a)(2), to
follow the informal rulemaking procedure set forth in 5 U.S.C. 553 when
adding commodities and services to the Procurement List. The latter
statute requires notices of proposed rulemakings to be published in the
Federal Register. In addition, 44 U.S.C. 1507 provides that Federal
Register notice is legally sufficient notice of a Government action to
all concerned. Consequently, the Committee believes it acted as
Congress intended when it gave notice of the proposal to add these
services to the Procurement List.
The contracting officer for the services informed the Committee
that, prior to the start of the current contract with the non-profit
agency, the services being added to the Procurement List were being
performed by Government personnel and were not part of the contract
which the commenting contractor had with the installation. Accordingly,
addition of these services to the Procurement List should have no
effect on the commenting contractor or on any of the businesses
represented by the commenting association because they will not lose
any work they already had with this Government installation.
Award of the current contract for these and other services was not
done under authority of the Committee's statute, as the services were
not on the Procurement List. The Committee has been informed that the
commenting contractor is pursuing its claim that procurement
regulations were violated in a forum which is better equipped than the
Committee to address them.
After consideration of the material presented to it concerning
capability of qualified nonprofit agencies to provide the service, fair
market price, and impact of the additions on the current or most recent
contractor, the Committee has determined that the service listed below
is suitable for procurement by the Federal Government under 41 U.S.C.
46-48c and 41 CFR 51-2.4.
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 service to the
Government.
2. The action will not have a severe economic impact on current
contractors for the service.
3. The action will result in authorizing small entities to furnish
the service to the Government.
4. 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 service proposed for addition to the
Procurement List.
Accordingly, the following service is hereby added to the
Procurement List: Administrative Services, Naval Air Warfare Center,
Training Systems Division, Orlando, Florida.
This action does not affect current contracts awarded prior to the
effective date of this addition or options exercised under those
contracts.
Beverly L. Milkman,
Executive Director.
[FR Doc. 95-29326 Filed 11-30-95; 8:45 am]
BILLING CODE 6820-33-P
