97-8657. Procurement List; Addition

[Federal Register Volume 62, Number 65 (Friday, April 4, 1997)]
[Notices]
[Pages 16135-16136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8657]


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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 commodity to be 
furnished by nonprofit agencies employing persons who are blind or have 
other severe disabilities.

EFFECTIVE DATE: May 5, 1997.

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 [phone].

SUPPLEMENTARY INFORMATION: On December 6, 1996, the Committee for 
Purchase From People Who Are Blind or Severely Disabled published 
notice (61 F.R. 64666) of proposed addition to the Procurement List. 
Comments were received from a foam fabricator which made the helmet 
liner when it was procured for developmental purposes. The commenter 
alleged that it would be severely impacted by the Committee's action, 
taking into account other items the Committee has added to the 
Procurement List which the commenter considered lost business 
opportunities. The commenter also noted that it purchased a special 
machine to print the helmet liners, made expenditures for tooling, and 
entered into a long-term agreement for raw materials which required 
helmet liner production to keep prices low.
    The Government's estimated quantity of helmet liners to be procured 
has been reduced to less than 5% of the initial quantity expected to be 
procured by the Government when the item was under development. Given 
the substantial decrease in the quantity being procured, the loss of 
sales by the contractor is not in the range the Committee considers 
severe, even when the impact of the one other Procurement List addition 
where the commenter was the current contractor is taken into account. 
That addition involved fuel tank inserts for military aircraft. The 
Committee does not agree with the commenter's contention that it was 
the contractor for a foam item for the U.S. Mint because it did not 
receive the award for that item.
    Under the Government's competitive bidding system, no contractor is 
guaranteed a contract. Consequently, a firm assumes the risk of loss 
for new equipment purchases or commitments for raw materials in 
anticipation of receiving a new contract when the contract is awarded 
to another firm. Because this could occur regardless of the Committee 
decision to add the item involved to the Procurement List, the 
Committee does not consider losses that may be experienced related to 
equipment, tooling, and raw materials to constitute severe adverse 
impact on a particular contractor.
    After consideration of the material presented to it concerning 
capability of qualified nonprofit agencies to provide the commodity and 
impact of the addition on the current or most recent contractors, the 
Committee has determined that the commodity 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 commodity to the 
Government.
    2. The action will not have a severe economic impact on current 
contractors for the commodity.

[[Page 16136]]

    3. The action will result in authorizing small entities to furnish 
the commodity 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 commodity proposed for addition to the 
Procurement List.
    Accordingly, the following commodity is hereby added to the 
Procurement List:

Liner, Foam Impact
    8465-01-420-4920

    This action does not affect current contracts awarded prior to the 
effective date of this addition or options that may be exercised under 
those contracts.
Beverly L. Milkman,
Executive Director.
[FR Doc. 97-8657 Filed 4-3-97; 8:45 am]
BILLING CODE 6353-01-P