[Federal Register Volume 60, Number 184 (Friday, September 22, 1995)]
[Notices]
[Pages 49260-49261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23592]
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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 to the Procurement List bond paper to be
furnished by nonprofit agencies employing persons who are blind or have
other severe disabilities.
EFFECTIVE DATE: October 23, 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 June 30, 1995, the Committee for Purchase
From People Who Are Blind or Severely Disabled published notice (60 FR
34235) of proposed addition to the Procurement List.
Comments were received after the close of the comment period from a
lawyer representing the parent corporation of two of the current
contractors for the paper. The lawyer objected to the denial of his
request for an extension of the comment period. He claimed that his
client had received inadequate notice of the Committee's proposal to
add the paper to the Procurement List, that the Committee is required
to grant an extension of the comment period, and that the procurement
schedule of the Federal agency which buys the paper for the Government
is irrelevant to the Procurement List addition process.
The Committee is required by law to provide notice of proposed
additions to the Procurement List through publication in the Federal
Register. This publication is considered to be adequate notice to all
affected parties. 44 U.S.C. 1507. The lawyer's client is a very large
corporation which cannot be said to be ignorant of the Federal
Register.
The lawyer based his claim that the Committee is required to grant
an
[[Page 49261]]
extension of the comment period on a 1978 legal opinion concerning
another addition to the Procurement List, Barrier Industries, Inc. v.
Eckard, 584 F.2d 1074 (D.C. Cir.). That opinion addresses the issue of
notice only by saying that the required form of notice is publication
in the Federal Register, 584 F.2d at 1082, and that the failure by the
plaintiff in that case to note the Federal Register publication meant
that it missed its opportunity to submit comments, 584 F.2d at 1083.
Nothing in the opinion supports the lawyer's contention that the
Committee is required to grant an extension of a comment period.
The Government purchases the paper through semiannual requirements
contracts. If the Committee were to grant the requested extension of
the comment period, its addition of the paper to the Procurement List
would be sufficiently delayed that half a year's requirement for the
paper would not be available for production under the Committee's
program. The statutory purpose of the Committee's program, to create
jobs for people who are blind or severely disabled, would be frustrated
as these people would be unable to produce the paper.
Because the corporation the lawyer represents is very large, the
percentage of its sales which the Government requirement for this paper
represents is extremely small, so it is very unlikely that the addition
to the Procurement List would have a severe adverse impact on the
corporation. Accordingly, it is unlikely that an extension of the
comment period would result in any significant new information being
brought to the Committee's attention. Any information the lawyer
obtains later can be brought to the Committee's attention through the
reconsideration process set forth in Committee regulations at 41 CFR
51-2.6.
After consideration of the material presented to it concerning
capability of qualified nonprofit agencies to provide the commodity,
fair market price, and impact of the addition on the current or most
recent contractors, the Committee has determined that the commodities
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 commodities to the
Government.
2. The action does not appear to have a severe economic impact on
current contractors for the commodities.
3. The action will result in authorizing small entities to furnish
the commodities 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 commodities proposed for addition to the
Procurement List.
Accordingly, the following commodities are hereby added to the
Procurement List:
Paper, Bond
7530-00-290-0599
7530-00-290-0600
7530-00-290-0617
7530-00-290-0618
This action does not affect current contracts awarded prior to the
effective date of this addition or options exercised under those
contracts.
E.R. Alley, Jr.,
Deputy Executive Director.
[FR Doc. 95-23592 Filed 9-21-95; 8:45 am]
BILLING CODE 6820-33-P
