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)

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, Number 228 (Friday, November 27, 2015)]
[Notices]
[Pages 74087-74088]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30145]


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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 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