[Federal Register Volume 64, Number 185 (Friday, September 24, 1999)]
[Notices]
[Pages 51734-51735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24944]
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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 services to be
furnished by nonprofit agencies employing persons who are blind or have
other severe disabilities.
EFFECTIVE DATE: October 25, 1999.
ADDRESSES: Committee for Purchase From People Who Are Blind or Severely
Disabled, Crystal Gateway 3, Suite 310, 1215 Jefferson Davis Highway,
Arlington, Virginia 22202-4302.
FOR FURTHER INFORMATION CONTACT: Beverly Milkman (703) 603-7740.
SUPPLEMENTARY INFORMATION: On June 18, August 6 and 13, 1999, the
Committee for Purchase From People Who Are Blind or Severely Disabled
published notices (64 FR 32844, 42902 and 44198) of proposed additions
to the Procurement List.
The Following Comments Pertain to Full Food and Dining Facility
Attendant, Fort Polk, Louisiana
Comments were received from an organization which represents blind
vendors under the Randolph-Sheppard Act, 20 U.S.C. 107, and from the
State agency responsible for licensing blind vendors in Louisiana. Both
commenters stated that addition of this food service to the Procurement
List would be a direct violation of the Randolph-Sheppard Act, which
they believe affords blind vendors a paramount priority in the
operation of military troop dining facilities. Both commenters
requested that the Committee withdraw the proposed addition of this
food service to the Procurement List so that the service might be
performed by a licensed blind vendor under the Randolph-Sheppard Act.
It is the Committee's longstanding position that the Randolph-
Sheppard Act, which by its terms applies to ``concession vending
opportunities'' (20 U.S.C. 107a(a)(2)), is not applicable to Government
food service contracts financed by appropriated funds, such as military
troop dining facilities. Consequently, the Randolph-Sheppard Act is no
bar to the addition of this food service to the Procurement List, and
the Committee declines to withdraw its proposal to add the service to
the List.
The State licensing agency cited an authority added to the
Randolph-Sheppard Act in 1974, which permits the Department of
Education to establish a priority ``for the operation of cafeterias on
Federal property by blind licensees,'' 20 U.S.C. 107d-3(e), as a basis
for the establishment of Randolph-Sheppard jurisdiction over the food
service being added to the Procurement List. The Committee is familiar
with this authority and its legislative history, and does not agree
with the State licensing agency's conclusion for several reasons.
First, ``cafeteria'' as used in the Randolph-Sheppard Act is defined as
a subset of ``vending facility,'' 20 U.S.C. 107(e)(7), and Randolph-
Sheppard vending facilities are concession operations, as noted in the
preceding
[[Page 51735]]
paragraph. Second, the nonprofit agency will not be operating this
facility, as it will be performing its functions under the oversight
and management of Army personnel. Accordingly, the Committee rejects
the State licensing agency's argument that ``operation'' in this
Randolph-Sheppard authority is equivalent to ``provide food services.''
The State licensing agency also noted that the purpose of the
Randolph-Sheppard Act is to increase opportunities for the blind.
``Operation,'' as used in the Randolph-Sheppard Act, is thus to be
construed broadly, according to the State licensing agency, to promote
this statutory purpose. However, the Javits-Wagner-O'Day (JWOD) Act, 41
U.S.C. 46-48c, under which this food service is being added to the
Procurement List, is also intended to increase employment opportunities
for people who are blind, as well as people with other severe
disabilities. The Committee believes that it should also be construed
broadly and, as it is intended to apply to Federal procurements of
supplies and services, normally done with appropriated funds as is the
case for this food service, that the JWOD Act is the statute which was
intended to have paramount priority in this situation, not the
Randolph-Sheppard Act.
The Following Comments Pertain to Laundry Service, Bangor Naval
Subase BOQ & BEQ, and Miscellaneous Sites To Include Ships in Port,
Bremerton, Washington
Comments were received from the current contractor for a portion of
the service requirement which was proposed for addition to the
Procurement List. The Committee received these comments both directly
and through a Member of Congress. This contractor provides laundry
service at the Bangor Submarine Base but not for the ships included in
the service requirement. The contractor claimed that loss of its
contract for the base, along with two Procurement List additions in
1994 and a loss earlier this year of a major commercial contract, would
severely impact the contractor's business. The contractor also noted
that the nationwide chain laundries operating in the Puget Sound area
have practically quit doing commercial laundry work, so if the
contractor ceases operations there will be no backup to the nonprofit
agency designated to perform this service requirement if it is unable
to perform.
According to Committee records, the contractor held the Government
contract for only one of the two 1994 services added to the Procurement
List which the contractor mentioned. The contractor's continued
commercial existence since that time suggests that the 1994 addition
did not have a severe adverse impact on the contractor. If its
competitors are leaving the local commercial laundry market, it would
appear likely that the contractor will be able to recoup its loss of a
major customer. However, the Committee has decided to lessen the impact
on this customer by limiting its addition of the base's laundry service
to the Procurement List to two buildings, which are the bachelor
officers and enlisted quarters for the base. The contractor has told
the Committee that these two buildings generate very little sales.
Consequently, the Committee does not believe that the revised
Procurement List addition will have a severe adverse impact on the
contractor, and that the contractor will remain in business to serve,
among other things, as a backup for the nonprofit agency, although this
will be unlikely as the nonprofit agency has been found fully capable
of performing the service requirement being added to the Procurement
List.
The following Material Pertains to All of the Services Being Added
to the Procurement List
After consideration of the material presented to it concerning
capability of qualified nonprofit agencies to provide the services and
impact of the additions on the current or most recent contractors, the
Committee has determined that the services 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 services to the
Government.
2. The action will not have a severe economic impact on current
contractors for the services.
3. The action will result in authorizing small entities to furnish
the services 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 services proposed for addition to the
Procurement List.
Accordingly, the following services are hereby added to the
Procurement List:
Full Food & Dining Facility Attendant, Fort Polk, Louisiana
Janitorial/Custodial
Denver Federal Center, Building 95, Denver, Colorado
Kennesaw National Battlefield Park Visitor Center, Kennesaw, Georgia
Laundry Service
Bangor Naval Subase BOQ & BEQ and Miscellaneous Sites to include
ships in port, Bremerton, Washington
Mail and Messenger Service
Naval Engineering Field Activity Chesapeake, Atlantic Division,
Washington Navy Yard, Naval Facilities Engineering Command
(NAVFACENGCOM), 851 Sicard Street, SE, Washington, DC
Mail and Messenger Service
Headquarters, Naval Facilities Engineering Command (NAVFACENGCOM),
1322 Patterson Avenue, SE, Washington, DC
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.
Louis R. Bartalot,
Deputy Director (Operations).
[FR Doc. 99-24944 Filed 9-23-99; 8:45 am]
BILLING CODE 6353-01-P
