94-30972. Procurement List; Addition  

  • [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
    
    
    

Document Information

Published:
12/16/1994
Department:
Committee for Purchase From People Who Are Blind or Severely Disabled
Entry Type:
Uncategorized Document
Action:
Addition to the Procurement List.
Document Number:
94-30972
Dates:
January 17, 1995.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: December 16, 1994