80 FR 74087 - Procurement List, Additions

COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED

Federal Register Volume 80, Issue 228 (November 27, 2015)

Page Range		74087-74088
FR Document		2015-30145
This action adds services to the Procurement List that will be provided by nonprofit agencies employing persons who are blind or have other severe disabilities.
Federal Register, Volume 80 Issue 228 (Friday, November 27, 2015)
[Federal Register Volume 80, Number 228 (Friday, November 27, 2015)]
[Notices]
[Pages 74087-74088]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30145]


=======================================================================
-----------------------------------------------------------------------

 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.

-----------------------------------------------------------------------

SUMMARY: This action adds services to the Procurement List that will be 
provided by nonprofit agencies employing persons who are blind or have 
other severe disabilities.

DATES: Effective Date: 12/27/2015.

ADDRESSES: Committee for Purchase From People Who Are Blind or Severely 
Disabled, 1401 S. Clark Street, Suite 715, Arlington, Virginia 22202-
4149.

FOR FURTHER INFORMATION CONTACT: Barry S. Lineback, Telephone: (703) 
603-7740, Fax: (703) 603-0655, or email [email protected].

SUPPLEMENTARY INFORMATION:

Additions

    On 8/4/2015 (80 FR 46250); 8/21/2015 (80 FR 50825-50826) and 9/25/
2015 (80 FR 57792), the Committee for Purchase From People Who Are 
Blind or Severely Disabled published notices of proposed additions 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. 8501-8506 and 
41 CFR 51-2.4.

Regulatory Flexibility Act Certification

    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 provide the services to the 
Government.
    2. The action will result in authorizing small entities to provide 
the services to the Government.
    3. There are no known regulatory alternatives which would 
accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 
8501-8506) in connection with the services proposed for addition to the 
Procurement List.

End of Certification

    Accordingly, the following services are added to the Procurement 
List:

Services

Service Type: Contractor Operated Parts Store (COPARS) Service
Service Is Mandatory For: US Marine Corps Garrison Mobile Equipment 
Branch, Marine Corps Logistics Base, Building 5400, Albany, GA
Mandatory Source(s) of Supply: Training, Rehabilitation, & 
Development Institute, Inc., San Antonio, TX
Contracting Activity: Dept of the Navy, Commanding General, Camp 
Lejeune, NC

    The Commission was copied on a letter to the contracting officer 
from an incumbent contractor's law firm. While not received in response 
to the initial Federal Register notice, the Commission will, 
nevertheless, address the comments noted in the letter.
    On behalf of the incumbent contractor, the law firm noted that the 
contractor has held the contract for three years and has retained 
experienced employees who have established a positive working 
relationship in providing the required services. The firm submitted 
that the contractor was the most capable and efficient provider of the 
required

[[Page 74088]]

services and could continue to perform with the best stewardship of the 
taxpayers' money. The firm questioned whether the proposed nonprofit 
agency could perform the required services within the restraints of the 
AbilityOne Program's requirement to employ people with severe 
disabilities and noted that some of its employees were contacted by the 
nonprofit agency and offered employment. Finally, while noting that the 
contract was not a major portion of the contractor's business 
portfolio, the loss of the contract would have a significant financial 
impact since it would result in the loss of a major profit margin 
contract without providing specific information to substantiate the 
impact or how the impact would be measured.
    The U.S. AbilityOne Commission (statutorily identified as the 
Committee for Purchase from People Who Are Blind or Severely Disabled) 
(Commission) administers the AbilityOne[supreg] program under the 
authority of the Javits-Wagner-O'Day Act. Commission responsibilities 
include identifying products and services produced or provided by 
qualified nonprofit agencies employing people who are blind or severely 
disabled that the Commission determines are suitable for procurement by 
the Government. Prior to adding any project to the Procurement List 
(PL), the Commission reviews each project for suitability including, 
employment potential, nonprofit agency qualifications, capability, and 
level of impact on the current contractor. If the Commission is 
satisfied that each of these four criteria are met, then the service 
can be added to the PL and it becomes a mandatory requirement for the 
government agency to obtain the service from the designated nonprofit 
agency if available within the required time frame.
    The Commission does not dispute that the contractor is effectively 
performing the required services; however, that does not mean that it 
is the only contractor that can effectively perform the services or 
that the AbilityOne Commission cannot add the work to the Procurement 
List for performance by a nonprofit agency in the AbilityOne Program. 
The Commission has reviewed and determined that the project will result 
in employment for people with severe disabilities and the designated 
nonprofit agency is qualified under the Commission's 75% ratio 
requirement and otherwise and capable of performing the services. 
Additionally, the Commission reviews financial information provided by 
current contractors to determine whether severe adverse impact will 
occur if a project is added to the PL. The Commission did so in this 
instance and disagrees with the contractor's assertion that the 
addition of this project to the PL will result in severe adverse impact 
to the contractor company. The Commission has reviewed the specific 
requirements of this project and determined that this project is 
suitable for performance by a nonprofit agency employing people who are 
blind or severely disabled. Placing this project on the PL will result 
in employment and training opportunities for people with severe 
disabilities.
    Accordingly, following a deliberative review of the facts of this 
project, the Commission determines that this project is appropriate for 
the AbilityOne Program and will be added to the Procurement List.

    Service Type: Removal/Clean-up Bird Dropping Service
    Service Is Mandatory For: Defense Logistics Agency, Defense 
Supply Center, 8000 Jefferson Davis Highway, Richmond, VA
    Mandatory Source(s) of Supply: Richmond Area Association for 
Retarded Citizens, Richmond, VA
    Contracting Activity: Defense Logistics Agency Contracting 
Services Office, Richmond, VA
    Service Type: Custodial and Related Service
    Service Is Mandatory For: GSA PBS Region 4, Benjamin P. Grogan 
and Jerry L. Dove Federal Building, 2030 SW. 145th Avenue, Miramar, 
FL
    Mandatory Source(s) of Supply: CW Resources, Inc., New Britain, 
CT
    Contracting Activity: Public Buildings Service, Acquisition 
Division/Services Branch, Atlanta, GA

Barry S. Lineback,
Director, Business Operations.
[FR Doc. 2015-30145 Filed 11-25-15; 8:45 am]
 BILLING CODE 6353-01-P
Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Notices 74087

Employee-Categories/Special- nomination form located at FR 57792), the Committee for Purchase
Government-Employees. As SGEs, www.ntia.doc.gov/digital-economy. From People Who Are Blind or Severely
members must comply with certain The Assistant Secretary will review Disabled published notices of proposed
federal conflict of interest statutes and the nominations and make additions to the Procurement List.
ethics regulations, including some recommendations to the Secretary for After consideration of the material
financial disclosure requirements. To appointments. Among other factors, the presented to it concerning capability of
permit evaluation of possible sources of Secretary and Assistant Secretary will qualified nonprofit agencies to provide
conflicts of interest, selected candidates consider nominees’ experience and the services and impact of the additions
will be asked to provide detailed knowledge of digital economy issues in on the current or most recent
information concerning financial addition to: contractors, the Committee has
interests, consultancies, research grants, • Educational background (e.g., determined that the services listed
and/or contracts that might be affected advance degree in engineering, below are suitable for procurement by
by recommendations of the Board. economics, law, business, or public the Federal Government under 41 U.S.C.
Appointments will be made without policy); 8501–8506 and 41 CFR 51–2.4.
regard to political affiliation. Each • Professional experience and
Regulatory Flexibility Act Certification
nominee will need to certify that he or accomplishments (e.g., nature of work,
she is not currently a registered federal job function, projects, or publications); I certify that the following action will
lobbyist pursuant to the Lobbying and not have a significant impact on a
Disclosure Act of 1995 (codified at 2 • Current employment and substantial number of small entities.
U.S.C. 1601 et seq.). See Revised membership in associations (e.g., The major factors considered for this
Guidance on Appointment of Lobbyists technology developers, manufacturers, certification were:
to Federal Advisory Committees, academia, civil society, service 1. The action will not result in any
Boards, and Commissions, Office of providers with customers in domestic additional reporting, recordkeeping or
Management and Budget, 79 FR 47482 and international markets). other compliance requirements for small
(Aug. 13, 2014). Each nominee will also All appointments will be made entities other than the small
be required to certify that he or she is without discrimination on the basis of organizations that will provide the
not currently an agent of a foreign age, ethnicity, gender, sexual services to the Government.
orientation, disability, or cultural, 2. The action will result in
principal required to register pursuant
religious, or socioeconomic status. authorizing small entities to provide the
to the Foreign Agents Registration Act of
services to the Government.
1938, as amended (codified at 22 U.S.C. Dated: November 23, 2015. 3. There are no known regulatory
611 et seq.). Lawrence E. Strickling, alternatives which would accomplish
If a term expires or a vacancy occurs Assistant Secretary for Communications and the objectives of the Javits-Wagner-
during the life of the Board, the Information. O’Day Act (41 U.S.C. 8501–8506) in
Assistant Secretary may recommend any [FR Doc. 2015–30226 Filed 11–25–15; 8:45 am] connection with the services proposed
of the following: BILLING CODE 3510–60–P for addition to the Procurement List.
• Reappointment of an incumbent;
• Solicitation for new applications End of Certification
published in the Federal Register in COMMITTEE FOR PURCHASE FROM Accordingly, the following services
accordance with regular procedures; or PEOPLE WHO ARE BLIND OR are added to the Procurement List:
• Selection of a replacement from a SEVERELY DISABLED
list of candidates whose applications Services
were received within the previous year. Procurement List, Additions Service Type: Contractor Operated Parts Store
(COPARS) Service
IV. Nominations AGENCY: Committee for Purchase From Service Is Mandatory For: US Marine Corps
Individuals may nominate themselves People Who Are Blind or Severely Garrison Mobile Equipment Branch,
Disabled. Marine Corps Logistics Base, Building
or other individuals. Professional
5400, Albany, GA
associations and other organizations ACTION: Additions to the Procurement
Mandatory Source(s) of Supply: Training,
may nominate one or more qualified List. Rehabilitation, & Development Institute,
persons for membership on the Board. Inc., San Antonio, TX
Nominations shall state that the SUMMARY: This action adds services to Contracting Activity: Dept of the Navy,
nominee has been consulted and is the Procurement List that will be Commanding General, Camp Lejeune, NC
willing to serve as a Special provided by nonprofit agencies
employing persons who are blind or The Commission was copied on a
Government Employee. All nominations letter to the contracting officer from an
must provide the following information: have other severe disabilities.
incumbent contractor’s law firm. While
• A letter of nomination stating the DATES: Effective Date: 12/27/2015.
not received in response to the initial
full name, affiliation, and contact ADDRESSES: Committee for Purchase Federal Register notice, the
information for the nominee, the basis From People Who Are Blind or Severely Commission will, nevertheless, address
for the nomination, and the nominee’s Disabled, 1401 S. Clark Street, Suite the comments noted in the letter.
field(s) of expertise; 715, Arlington, Virginia 22202–4149. On behalf of the incumbent
• a biographical sketch of the FOR FURTHER INFORMATION CONTACT: contractor, the law firm noted that the
nominee and/or a copy of his or her
mstockstill on DSK4VPTVN1PROD with NOTICES

Barry S. Lineback, Telephone: (703) contractor has held the contract for
curriculum vitae; and 603–7740, Fax: (703) 603–0655, or email three years and has retained
• if applicable, the name, return CMTEFedReg@AbilityOne.gov. experienced employees who have
address, email address, and daytime SUPPLEMENTARY INFORMATION: established a positive working
phone number at which the nominator relationship in providing the required
can be contacted. Additions services. The firm submitted that the
Nominations should be submitted On 8/4/2015 (80 FR 46250); 8/21/2015 contractor was the most capable and
electronically using the online (80 FR 50825–50826) and 9/25/2015 (80 efficient provider of the required

VerDate Sep<11>2014 19:01 Nov 25, 2015 Jkt 238001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM 27NON1
74088 Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Notices

services and could continue to perform contractors to determine whether severe Lighting North America Corporation
with the best stewardship of the adverse impact will occur if a project is containing a civil penalty in the amount
taxpayers’ money. The firm questioned added to the PL. The Commission did of two million dollars ($2,000,000),
whether the proposed nonprofit agency so in this instance and disagrees with within thirty (30) days of service of the
could perform the required services the contractor’s assertion that the Commission’s final Order accepting the
within the restraints of the AbilityOne addition of this project to the PL will Settlement Agreement.1
Program’s requirement to employ result in severe adverse impact to the DATES: Any interested person may ask
people with severe disabilities and contractor company. The Commission the Commission not to accept this
noted that some of its employees were has reviewed the specific requirements agreement or otherwise comment on its
contacted by the nonprofit agency and of this project and determined that this contents by filing a written request with
offered employment. Finally, while project is suitable for performance by a the Office of the Secretary by December
noting that the contract was not a major nonprofit agency employing people who 14, 2015.
portion of the contractor’s business are blind or severely disabled. Placing ADDRESSES: Persons wishing to
portfolio, the loss of the contract would this project on the PL will result in comment on this Settlement Agreement
have a significant financial impact since employment and training opportunities should send written comments to the
it would result in the loss of a major for people with severe disabilities. Comment 16–C0001, Office of the
profit margin contract without Accordingly, following a deliberative Secretary, Consumer Product Safety
providing specific information to review of the facts of this project, the Commission, 4330 East West Highway,
substantiate the impact or how the Commission determines that this project Room 820, Bethesda, Maryland 20814–
impact would be measured. is appropriate for the AbilityOne 4408.
The U.S. AbilityOne Commission Program and will be added to the
(statutorily identified as the Committee FOR FURTHER INFORMATION CONTACT:
Procurement List.
for Purchase from People Who Are Amy S. Colvin, Attorney, Office of the
Service Type: Removal/Clean-up Bird General Counsel, Division of
Blind or Severely Disabled) Dropping Service
(Commission) administers the Enforcement and Information,
Service Is Mandatory For: Defense Logistics
AbilityOne® program under the Agency, Defense Supply Center, 8000
Consumer Product Safety Commission,
authority of the Javits-Wagner-O’Day Jefferson Davis Highway, Richmond, VA 4330 East West Highway, Bethesda,
Act. Commission responsibilities Mandatory Source(s) of Supply: Richmond Maryland 20814–4408; telephone (301)
include identifying products and Area Association for Retarded Citizens, 504–7639.
services produced or provided by Richmond, VA SUPPLEMENTARY INFORMATION: The text of
qualified nonprofit agencies employing Contracting Activity: Defense Logistics the Agreement and Order appears
Agency Contracting Services Office,
people who are blind or severely below.
Richmond, VA
disabled that the Commission Service Type: Custodial and Related Dated: November 23, 2015.
determines are suitable for procurement Service Todd A. Stevenson,
by the Government. Prior to adding any Service Is Mandatory For: GSA PBS Region Secretary.
project to the Procurement List (PL), the 4, Benjamin P. Grogan and Jerry L. Dove
Commission reviews each project for Federal Building, 2030 SW. 145th Avenue, United States of America Consumer
suitability including, employment Miramar, FL Product Safety Commission
potential, nonprofit agency Mandatory Source(s) of Supply: CW
Resources, Inc., New Britain, CT In the Matter of: Philips Lighting North
qualifications, capability, and level of America Corporation
Contracting Activity: Public Buildings
impact on the current contractor. If the Service, Acquisition Division/Services CPSC Docket No.: 16–C0001
Commission is satisfied that each of Branch, Atlanta, GA
these four criteria are met, then the Settlement Agreement
service can be added to the PL and it Barry S. Lineback,
Director, Business Operations.
1. In accordance with the Consumer
becomes a mandatory requirement for
Product Safety Act, 15 U.S.C.
the government agency to obtain the [FR Doc. 2015–30145 Filed 11–25–15; 8:45 am]
2051¥2089 (‘‘CPSA’’) and 16 CFR
service from the designated nonprofit BILLING CODE 6353–01–P
1118.20, Philips Lighting North America
agency if available within the required
Corporation (‘‘Philips’’), and the United
time frame.
The Commission does not dispute States Consumer Product Safety
CONSUMER PRODUCT SAFETY Commission (‘‘Commission’’), through
that the contractor is effectively COMMISSION
performing the required services; its staff, hereby enter into this
however, that does not mean that it is [CPSC Docket No. 16–C0001] Settlement Agreement (‘‘Agreement’’).
the only contractor that can effectively The Agreement, and the incorporated
perform the services or that the Philips Lighting North America attached Order, resolve staff’s charges
AbilityOne Commission cannot add the Corporation, Provisional Acceptance set forth below.
work to the Procurement List for of a Settlement Agreement and Order
The Parties
performance by a nonprofit agency in AGENCY: Consumer Product Safety
the AbilityOne Program. The 2. The Commission is an independent
Commission. federal regulatory agency, established
Commission has reviewed and ACTION: Notice.
determined that the project will result pursuant to, and responsible for the
mstockstill on DSK4VPTVN1PROD with NOTICES

in employment for people with severe SUMMARY: It is the policy of the 1 The Commission voted (4–1) to provisionally
disabilities and the designated nonprofit Commission to publish settlements accept the Settlement Agreement and Order
agency is qualified under the which it provisionally accepts under the regarding Philips Lighting North America
Commission’s 75% ratio requirement Consumer Product Safety Act in the Corporation. Chairman Kaye, Commissioner Adler,
and otherwise and capable of Federal Register in accordance with the Commissioner Robinson and Commissioner
Mohorovic voted to provisionally accept the
performing the services. Additionally, terms of 16 CFR 1118.20(e). Published Settlement Agreement and Order. Commissioner
the Commission reviews financial below is a provisionally-accepted Buerkle voted to reject the Settlement Agreement
information provided by current Settlement Agreement with Philips and Order.

VerDate Sep<11>2014 19:01 Nov 25, 2015 Jkt 238001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM 27NON1
Document Created: 2015-12-14 14:05:10
Document Modified: 2015-12-14 14:05:10
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Additions to the Procurement List.
Contact		Barry S. Lineback, Telephone: (703) 603-7740, Fax: (703) 603-0655, or email [email protected]
FR Citation		80 FR 74087