[Federal Register Volume 59, Number 241 (Friday, December 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30972]
[[Page Unknown]]
[Federal Register: December 16, 1994]
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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 17, 1995.
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 July 1, 1994, the Committee for Purchase
From People Who Are Blind or Severely Disabled published notice (59 FR
33958) of proposed addition to the Procurement List.
Comments were received during the development phase of this
addition to the Procurement List from the current contractor, who
alleged that the Committee had failed to follow its own regulations by
not giving him actual notice of the proposed addition. The contractor
also alleged that loss of this Brunswick Naval Air Station contract,
together with two others lost to the Committee's program in 1993 and
the probable loss of another in 1994 would have a significant impact on
the contractor's business. The contractor also alleged that the
Committee and NISH are prejudicial towards it in their choices of
services being added to the Procurement List.
The Committee is required by its law, at 41 U.S.C. 47(a)(2), to use
the informal rulemaking procedure set forth in 5 U.S.C. 553 when adding
commodities or services to the Procurement List. This rulemaking
procedure mandates notice in the Federal Register rather than actual
notice to affected parties. In this case, the contractor later received
actual notice, as the Committee wrote to him requesting sales data for
the company and responding to the other allegations in his comments.
The Committee's letter, and a subsequent telephone conversation between
the contractor and the Committee's Executive Director, emphasized that
the Committee would consider the impact of the addition on the
contractor to be minimal if the data was not submitted. Nevertheless,
the contractor failed to submit the data and conceded in the telephone
conversation that the impact of losing the Brunswick contract alone
would not be severe.
In reaching its conclusion that adding the Brunswick food service
to the Procurement List would not have a severe adverse impact on the
contractor, the Committee took into account the impact of the two 1993
additions to the Procurement List, as well as a 1989 addi tion where
the firm was the current contractor. The Committee also declined to
process an addition action for the other contract (a food service in
Mississippi) mentioned by the contractor as a possible additional loss
to the Committee's program. This decision reflected the Committee's
concern that placing the Mississippi food service contract on the
Procurement List at this time might cause severe adverse impact on the
contractor. As the decision indicates, the Committee has taken pains to
assure that its actions do not have a disproportional impact on this
contractor, so the Committee denies any prejudice towards the
contractor.
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 addition on the current or most recent
contractors, the Committee has determined that the service listed below
are 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:
Food Service Attendant, Naval Air Station Galley, Building 201, New
Brunswick, Maine
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. 94-30972 Filed 12-15-94; 8:45 am]
BILLING CODE 6820-33-P