81_FR_7537 81 FR 7508 - Procurement List Additions and Deletions

81 FR 7508 - Procurement List Additions and Deletions

COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED

Federal Register Volume 81, Issue 29 (February 12, 2016)

Page Range7508-7510
FR Document2016-02940

This action adds products and a service to the Procurement List that will be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and deletes products from the Procurement List previously furnished by such agencies.

Federal Register, Volume 81 Issue 29 (Friday, February 12, 2016)
[Federal Register Volume 81, Number 29 (Friday, February 12, 2016)]
[Notices]
[Pages 7508-7510]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02940]


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COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED


Procurement List Additions and Deletions

AGENCY: Committee for Purchase From People Who Are Blind or Severely 
Disabled.

ACTION: Additions to and deletions from the procurement list.

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

SUMMARY: This action adds products and a service to the Procurement 
List that will be furnished by nonprofit agencies employing persons who 
are blind or have other severe disabilities, and deletes products from 
the Procurement List previously furnished by such agencies.

DATES: Effective Date: 3/13/2016.

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 May 8, 2015 (80 FR 26548-26549) and November 16, 2015 (80 FR 
70761-70762), 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 products and 
service and impact of the additions on the current or most recent 
contractors, the Committee has determined that the products and service 
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 furnish the products and service 
to the Government.
    2. The action will result in authorizing small entities to furnish 
the products and service 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 products and service proposed for 
addition to the Procurement List.

End of Certification

    Accordingly, the following products and service are added to the 
Procurement List:

Products

Product Name(s)--NSN(s): Coat, Army Combat Uniform, Permethrin, 
Unisex, OCP 2015
    8415-01-623-5052--XS-XXS
    8415-01-623-5162--XS-XS
    8415-01-623-5165--XS-S
    8415-01-623-5166--XS-R
    8415-01-623-5169--XS-L
    8415-01-623-5170--XS-XL
    8415-01-623-5172--S-XXS
    8415-01-623-5174--S-XS
    8415-01-623-5178--S-S
    8415-01-623-5180--S-R
    8415-01-623-5182--S-L
    8415-01-623-5236--S-XL
    8415-01-623-5237--M-XXS
    8415-01-623-5525--M-XS
    8415-01-623-5526--M-S
    8415-01-623-5528--M-R
    8415-01-623-5529--M-L
    8415-01-623-5534--M-XL
    8415-01-623-5537--M-XXL
    8415-01-623-5541--L-XXS
    8415-01-623-5542--L-XS
    8415-01-623-5543--L-S
    8415-01-623-5552--L-R
    8415-01-623-5553--L-L
    8415-01-623-5554--L-XL
    8415-01-623-5557--L-XXL
    8415-01-623-5740--XL-XXS
    8415-01-623-5742--XL-XS
    8415-01-623-5789--XL-S
    8415-01-623-5790--XL-R
    8415-01-623-5793--XL-L
    8415-01-623-5795--XL-XL
    8415-01-623-5796--XL-XXL
    8415-01-623-5797--XXL-R
    8415-01-623-5801--XXL-L
    8415-01-623-5803--XXL-XL
    8415-01-623-5805--XXL-XXL
Mandatory Source(s) of Supply: Industries of the Blind, Inc., 
Greensboro, NC, Mississippi Industries for the Blind, Jackson, MS, 
San Antonio Lighthouse for the Blind, San Antonio, TX
Mandatory Purchase For: US Army; surge requirements as determined by 
DLA Troop Support that are above and beyond those quantities of ACU 
Coats allocated to small business, large business, and/or other 
purchase priority programs
Contracting Activity: Defense Logistics Agency Troop Support, 
Philadelphia, PA
Distribution: C-List

    The Committee for Purchase From People Who Are Blind or Severely 
Disabled (Committee) operates pursuant to statutory and regulatory 
requirements. Committee regulations state for a commodity or service to 
be suitable for addition to the Procurement List, each of the following 
criteria must be satisfied: The addition to the Procurement List must 
demonstrate a potential to generate employment of people who are blind 
or have other severe disabilities; the nonprofit agency proposing to 
provide the product or service to the Federal Government must be 
qualified to participate in the AbilityOne program as defined in 
separate Committee regulations; the nonprofit agency must prove itself 
capable to deliver the product or service at the quality standard and 
delivery schedule required by the Government; and the Committee reviews 
the level of impact on the current contractor for the commodity or 
service.
    Federal Prison Industries (FPI) submitted a comment objecting to 
the proposed addition of the U.S. Army Combat Uniform Coat to the 
Procurement List. FPI asserts in its comments that, for items already 
listed on FPI's Schedule of Products like the proposed U.S. Army Combat 
Uniform Coat, a designated central nonprofit agency of the AbilityOne 
program must seek a waiver of FPI's purchase priority before requesting 
to add the same product to the Committee's Procurement List pursuant to 
41 CFR 51-3.3. Normally, FPI products have a purchase priority over 
AbilityOne products, as stated in FAR subparts 8.002, 8.603 and 8.704.
    However, 10 U.S.C. 2410n and DFARS subpart 208.602-70 provide that, 
if FPI's share for the particular product is greater than five percent 
of the Department of Defense (DOD) market, then DOD must use 
competitive and fair opportunity procedures in order to purchase 
additional quantities from FPI, permitting FPI to participate in such 
competitive process which establishes that FPI no longer has a

[[Page 7509]]

mandatory priority. The plain reading of both the statute and FAR 
provision is that FPI temporarily loses its mandatory purchase priority 
in DOD procurements when FPI provides more than five percent of the 
particular product market share to the DOD. In February 2015, DOD 
published its annual memorandum reporting that FPI's share of the DOD 
market for special purpose clothing, like the U.S. Army Combat Uniform 
Coat, is greater than five percent and must be competed in accordance 
with section 2410n and subpart 208.602-70. Because FPI does not have a 
purchase priority for the U.S. Army Combat Uniform Coat, then a 
designated AbilityOne Program central nonprofit agency is not required 
to obtain a decision from FPI as to whether it will exercise or waive 
its purchase priority before requesting to add a product to the 
Committee's Procurement List. Also, regardless of whether or not FPI 
has a particular product purchase priority, no statute or regulation 
prevents the simultaneous listing of the identical product on the 
Committee's Procurement List.
    In fact, the FAR subparts 8.603 and 8.704 contemplate a purchasing 
priority ``when identical supplies or services are on the Procurement 
List and the Schedule of Products issued by the Federal Prison 
Industries, Inc.'' For this particular product, FPI has lost its 
priority by operation of law, but the AbilityOne priority remains 
effective.
    Section 827 of National Defense Authorization Act for Fiscal Year 
2008 (NDAA for FY2008, now 10 U.S.C. 2410n) and supplemental Defense 
Federal Acquisition Regulation 208.602-70 do not apply to the Javits-
Wagner-O'Day (JWOD) Act purchase priority established in 41 U.S.C. 8504 
and implemented in FAR subpart 8.7. As preset forth at 10 U.S.C. 2410n, 
if FPI provides a significant market share of a particular product to 
DOD, then, by statute, DOD procurement activities may purchase a 
product listed in the latest edition of the Federal Prison Industries 
catalog for which Federal Prison Industries has a significant market 
share [defined as greater than 5%] only if the Secretary uses 
competitive procedures for the procurement or the product or makes an 
individual purchase under a multiple award contract in accordance with 
the competition requirements applicable to such contract. In conducting 
such a competition, the Secretary shall consider a timely offer from 
Federal Prison Industries.
    See 10 U.S.C. 2410n (emphasis added). That language does not direct 
or permit the Secretary--either expressly or implicitly--to bypass the 
purchase priorities stated in the FAR subparts setting forth those 
purchase priorities. Thus, the language in section 2410n permits DOD to 
purchase products from FPI only when the Secretary conducts a 
competitive procurement.
    In addition, the basis for both competitive and fair opportunity 
procurement procedures is the Competition in Contract Act (CICA) (10 
U.S.C. 2304 or 41 U.S.C. 3304) and FAR Subpart 6. Both 10 U.S.C. 
2304(c)(5) and FAR Subpart 6.302-5, the implementing regulation, 
provide that an Agency is not required to follow CICA when expressly 
required by another statute to use different procurement procedures. 
The JWOD purchase priority, set forth at 41 U.S.C. 8504, is listed in 
FAR Subpart 6.302-5 as an express exception to CICA and full and open 
competition. While FPI is precluded by law from exercising its purchase 
priority for DOD procurements when it already provides greater than 5% 
of the market share for a particular product, competition in accordance 
with the Competition in Contracting Act does not apply because the JWOD 
purchase priority is applicable. The JWOD Act states:

Sec.  8504. Procurement Requirements for the Federal Government

    (a) In General.--An entity of the Federal Government intending to 
procure a product or service on the procurement list referred to in 
section 8503 of this title shall procure the product or service from a 
qualified nonprofit agency for the blind or a qualified nonprofit 
agency for other severely disabled in accordance with regulations of 
the Committee and at the price the Committee establishes if the product 
or service is available within the period required by the entity.
    (b) Exception.--This section does not apply to the procurement of a 
product that is available from an industry established under chapter 
307 of title 18 and that is required under section 4124 of title 18 to 
be procured from that industry.
    Pursuant to section 8504, an exception to the JWOD priority exists 
for procurement of a ``product that is available'' from FPI. When an 
FPI product reaches the market share of sales specified in section 
2410n the product is no longer available from FPI on a priority basis 
pursuant to 18 U.S.C. 4124.
    Therefore, if the same product is listed on the Procurement List, 
then Federal agencies must purchase from the designated nonprofit 
agencies (assuming nonprofits are able to deliver the substantially 
same product in the delivery window required), and cannot elect to 
pursue the competitive process outlined in section 2410n while ignoring 
the priorities set forth in the JWOD Act 41 U.S.C. 8504, and FAR 
subparts 8.002, 8.603 and 8.704.

Service

Service Type: Furniture Design and Configuration Service
Service Is Mandatory For: New Hampshire National Guard, Newington, 
NH
Mandatory Source of Supply: Industries for the Blind Inc., West 
Allis, WI
Contracting Activity: United States Property and Fiscal Office 
(USPFO), New Hampshire National Guard, Pease ANGB, NH

Deletions

    On January 8, 2016 (81 FR 916-917), the Committee for Purchase From 
People Who Are Blind or Severely Disabled published notice of proposed 
deletions from the Procurement List.
    After consideration of the relevant matter presented, the Committee 
has determined that the products listed below are no longer 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 additional reporting, 
recordkeeping or other compliance requirements for small entities.
    2. The action may result in authorizing small entities to furnish 
the products 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 products deleted from the Procurement 
List.

End of Certification

    Accordingly, the following products are deleted from the 
Procurement List:

Products

NSN(s)--Product Name(s):
    7510-01-600-8033--Dated 2015 18-month Paper Wall Planner, 24'' x 
37''
    7510-01-600-8044--Dated 2015 12-Month 2-Sided Laminated Wall 
Planner, 24'' x 37''
Mandatory Source(s) of Supply: The Chicago Lighthouse for People Who 
Are Blind or Visually Impaired, Chicago, IL
Contracting Activity: General Services Administration, FSS Household 
and Industrial Furniture, Arlington, VA

NSN(s)--Product Name(s):
    7510-01-600-7560--Monthly Wall Calendar, Dated 2015, Jan-Dec, 
8\1/2\'' x 11''

[[Page 7510]]

    7530-01-600-7569--Daily Desk Planner, Dated 2015, Wire bound, 
Non-refillable, Black Cover
    7510-01-600-7574--Wall Calendar, Dated 2015, Wire Bound w/
Hanger, 12'' x 17''
    7530-01-600-7603--Monthly Desk Planner, Dated 2015, Wire Bound, 
Non-refillable, Black Cover
    7530-01-600-7613--Weekly Desk Planner, Dated 2015, Wire Bound, 
Non-refillable, Black Cover
    7530-01-600-7628--Weekly Planner Book, Dated 2015, 5'' x 8''
    7510-01-600-7631--Wall Calendar, Dated 2015, Wire Bound w/
hanger, 15.5'' x 22''
Mandatory Source(s) of Supply: The Chicago Lighthouse for People Who 
Are Blind or Visually Impaired, Chicago, IL
Contracting Activity: General Services Administration, New York, NY

NSN(s)--Product Name(s): 4240-00-803-5839--Bag, Waterproof
Mandatory Source(s) of Supply: Winston-Salem Industries for the 
Blind, Inc., Winston-Salem, NC
Contracting Activity: W40M Northern Region Contract Office, Fort 
Belvoir, VA

Barry S. Lineback,
Director, Business Operations.
[FR Doc. 2016-02940 Filed 2-11-16; 8:45 am]
BILLING CODE 6353-01-P



                                                     7508                          Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Notices

                                                     305(c) of the Magnuson-Stevens Fishery                  service listed below are suitable for                   8415–01–623–5805—XXL–XXL
                                                     Conservation and Management Act,                        procurement by the Federal Government                 Mandatory Source(s) of Supply: Industries of
                                                     provided the public has been notified of                under 41 U.S.C. 8501–8506 and 41 CFR                      the Blind, Inc., Greensboro, NC,
                                                                                                                                                                       Mississippi Industries for the Blind,
                                                     the intent to take final action to address              51–2.4.                                                   Jackson, MS, San Antonio Lighthouse for
                                                     the emergency.                                                                                                    the Blind, San Antonio, TX
                                                                                                             Regulatory Flexibility Act Certification
                                                     Special Accommodations                                                                                        Mandatory Purchase For: US Army; surge
                                                                                                                I certify that the following action will               requirements as determined by DLA
                                                       The public listening station is                       not have a significant impact on a                        Troop Support that are above and
                                                     physically accessible to people with                    substantial number of small entities.                     beyond those quantities of ACU Coats
                                                     disabilities. Requests for sign language                The major factors considered for this                     allocated to small business, large
                                                     interpretation or other auxiliary aids                  certification were:                                       business, and/or other purchase priority
                                                     should be directed to Mr. Kris                             1. The action will not result in any                   programs
                                                                                                                                                                   Contracting Activity: Defense Logistics
                                                     Kleinschmidt at (503) 820–2425 at least                 additional reporting, recordkeeping or
                                                                                                                                                                       Agency Troop Support, Philadelphia, PA
                                                     5 days prior to the meeting date.                       other compliance requirements for small               Distribution: C-List
                                                       Dated: February 9, 2016.
                                                                                                             entities other than the small
                                                                                                             organizations that will furnish the                      The Committee for Purchase From
                                                     Tracey L. Thompson,                                                                                           People Who Are Blind or Severely
                                                                                                             products and service to the Government.
                                                     Acting Deputy Director, Office of Sustainable              2. The action will result in                       Disabled (Committee) operates pursuant
                                                     Fisheries, National Marine Fisheries Service.                                                                 to statutory and regulatory
                                                                                                             authorizing small entities to furnish the
                                                     [FR Doc. 2016–02933 Filed 2–11–16; 8:45 am]             products and service to the Government.               requirements. Committee regulations
                                                     BILLING CODE 3510–22–P                                     3. There are no known regulatory                   state for a commodity or service to be
                                                                                                             alternatives which would accomplish                   suitable for addition to the Procurement
                                                                                                             the objectives of the Javits-Wagner-                  List, each of the following criteria must
                                                     COMMITTEE FOR PURCHASE FROM                             O’Day Act (41 U.S.C. 8501–8506) in                    be satisfied: The addition to the
                                                     PEOPLE WHO ARE BLIND OR                                 connection with the products and                      Procurement List must demonstrate a
                                                     SEVERELY DISABLED                                       service proposed for addition to the                  potential to generate employment of
                                                                                                             Procurement List.                                     people who are blind or have other
                                                     Procurement List Additions and                                                                                severe disabilities; the nonprofit agency
                                                     Deletions                                               End of Certification                                  proposing to provide the product or
                                                                                                               Accordingly, the following products                 service to the Federal Government must
                                                     AGENCY: Committee for Purchase From
                                                                                                             and service are added to the                          be qualified to participate in the
                                                     People Who Are Blind or Severely
                                                                                                             Procurement List:                                     AbilityOne program as defined in
                                                     Disabled.
                                                                                                                                                                   separate Committee regulations; the
                                                     ACTION: Additions to and deletions from                 Products                                              nonprofit agency must prove itself
                                                     the procurement list.                                   Product Name(s)—NSN(s): Coat, Army                    capable to deliver the product or service
                                                                                                                 Combat Uniform, Permethrin, Unisex,               at the quality standard and delivery
                                                     SUMMARY:   This action adds products and
                                                                                                                 OCP 2015                                          schedule required by the Government;
                                                     a service to the Procurement List that                    8415–01–623–5052—XS–XXS
                                                     will be furnished by nonprofit agencies                                                                       and the Committee reviews the level of
                                                                                                               8415–01–623–5162—XS–XS
                                                     employing persons who are blind or                        8415–01–623–5165—XS–S
                                                                                                                                                                   impact on the current contractor for the
                                                     have other severe disabilities, and                       8415–01–623–5166—XS–R                               commodity or service.
                                                     deletes products from the Procurement                     8415–01–623–5169—XS–L                                  Federal Prison Industries (FPI)
                                                     List previously furnished by such                         8415–01–623–5170—XS–XL                              submitted a comment objecting to the
                                                     agencies.                                                 8415–01–623–5172—S–XXS                              proposed addition of the U.S. Army
                                                                                                               8415–01–623–5174—S–XS                               Combat Uniform Coat to the
                                                     DATES: Effective Date: 3/13/2016.                         8415–01–623–5178—S–S                                Procurement List. FPI asserts in its
                                                     ADDRESSES: Committee for Purchase                         8415–01–623–5180—S–R                                comments that, for items already listed
                                                     From People Who Are Blind or Severely                     8415–01–623–5182—S–L                                on FPI’s Schedule of Products like the
                                                     Disabled, 1401 S. Clark Street, Suite                     8415–01–623–5236—S–XL
                                                                                                               8415–01–623–5237—M–XXS
                                                                                                                                                                   proposed U.S. Army Combat Uniform
                                                     715, Arlington, Virginia, 22202–4149.                                                                         Coat, a designated central nonprofit
                                                                                                               8415–01–623–5525—M–XS
                                                     FOR FURTHER INFORMATION CONTACT:                          8415–01–623–5526—M–S                                agency of the AbilityOne program must
                                                     Barry S. Lineback, Telephone: (703)                       8415–01–623–5528—M–R                                seek a waiver of FPI’s purchase priority
                                                     603–7740, Fax: (703) 603–0655, or email                   8415–01–623–5529—M–L                                before requesting to add the same
                                                     CMTEFedReg@AbilityOne.gov.                                8415–01–623–5534—M–XL                               product to the Committee’s Procurement
                                                     SUPPLEMENTARY INFORMATION:
                                                                                                               8415–01–623–5537—M–XXL                              List pursuant to 41 CFR 51–3.3.
                                                                                                               8415–01–623–5541—L–XXS                              Normally, FPI products have a purchase
                                                     Additions                                                 8415–01–623–5542—L–XS
                                                                                                               8415–01–623–5543—L–S
                                                                                                                                                                   priority over AbilityOne products, as
                                                       On May 8, 2015 (80 FR 26548–26549)                      8415–01–623–5552—L–R                                stated in FAR subparts 8.002, 8.603 and
                                                     and November 16, 2015 (80 FR 70761–                       8415–01–623–5553—L–L                                8.704.
                                                     70762), the Committee for Purchase                        8415–01–623–5554—L–XL                                  However, 10 U.S.C. 2410n and
                                                     From People Who Are Blind or Severely                     8415–01–623–5557—L–XXL                              DFARS subpart 208.602–70 provide
asabaliauskas on DSK9F6TC42PROD with NOTICES2




                                                     Disabled published notices of proposed                    8415–01–623–5740—XL–XXS                             that, if FPI’s share for the particular
                                                     additions to the Procurement List.                        8415–01–623–5742—XL–XS                              product is greater than five percent of
                                                       After consideration of the material                     8415–01–623–5789—XL–S                               the Department of Defense (DOD)
                                                     presented to it concerning capability of                  8415–01–623–5790—XL–R                               market, then DOD must use competitive
                                                                                                               8415–01–623–5793—XL–L
                                                     qualified nonprofit agencies to provide                   8415–01–623–5795—XL–XL
                                                                                                                                                                   and fair opportunity procedures in order
                                                     the products and service and impact of                    8415–01–623–5796—XL–XXL                             to purchase additional quantities from
                                                     the additions on the current or most                      8415–01–623–5797—XXL–R                              FPI, permitting FPI to participate in
                                                     recent contractors, the Committee has                     8415–01–623–5801—XXL–L                              such competitive process which
                                                     determined that the products and                          8415–01–623–5803—XXL–XL                             establishes that FPI no longer has a


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                                                                                   Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Notices                                             7509

                                                     mandatory priority. The plain reading of                setting forth those purchase priorities.              outlined in section 2410n while
                                                     both the statute and FAR provision is                   Thus, the language in section 2410n                   ignoring the priorities set forth in the
                                                     that FPI temporarily loses its mandatory                permits DOD to purchase products from                 JWOD Act 41 U.S.C. 8504, and FAR
                                                     purchase priority in DOD procurements                   FPI only when the Secretary conducts a                subparts 8.002, 8.603 and 8.704.
                                                     when FPI provides more than five                        competitive procurement.                              Service
                                                     percent of the particular product market                   In addition, the basis for both
                                                     share to the DOD. In February 2015,                     competitive and fair opportunity                      Service Type: Furniture Design and
                                                                                                             procurement procedures is the                             Configuration Service
                                                     DOD published its annual memorandum
                                                                                                                                                                   Service Is Mandatory For: New Hampshire
                                                     reporting that FPI’s share of the DOD                   Competition in Contract Act (CICA) (10
                                                                                                                                                                       National Guard, Newington, NH
                                                     market for special purpose clothing, like               U.S.C. 2304 or 41 U.S.C. 3304) and FAR                Mandatory Source of Supply: Industries for
                                                     the U.S. Army Combat Uniform Coat, is                   Subpart 6. Both 10 U.S.C. 2304(c)(5) and                  the Blind Inc., West Allis, WI
                                                     greater than five percent and must be                   FAR Subpart 6.302–5, the implementing                 Contracting Activity: United States Property
                                                     competed in accordance with section                     regulation, provide that an Agency is                     and Fiscal Office (USPFO), New
                                                     2410n and subpart 208.602–70. Because                   not required to follow CICA when                          Hampshire National Guard, Pease ANGB,
                                                     FPI does not have a purchase priority                   expressly required by another statute to                  NH
                                                     for the U.S. Army Combat Uniform Coat,                  use different procurement procedures.                 Deletions
                                                     then a designated AbilityOne Program                    The JWOD purchase priority, set forth at
                                                     central nonprofit agency is not required                41 U.S.C. 8504, is listed in FAR Subpart                On January 8, 2016 (81 FR 916–917),
                                                     to obtain a decision from FPI as to                     6.302–5 as an express exception to CICA               the Committee for Purchase From
                                                     whether it will exercise or waive its                   and full and open competition. While                  People Who Are Blind or Severely
                                                     purchase priority before requesting to                  FPI is precluded by law from exercising               Disabled published notice of proposed
                                                     add a product to the Committee’s                        its purchase priority for DOD                         deletions from the Procurement List.
                                                     Procurement List. Also, regardless of                   procurements when it already provides                   After consideration of the relevant
                                                     whether or not FPI has a particular                     greater than 5% of the market share for               matter presented, the Committee has
                                                     product purchase priority, no statute or                a particular product, competition in                  determined that the products listed
                                                     regulation prevents the simultaneous                    accordance with the Competition in                    below are no longer suitable for
                                                     listing of the identical product on the                 Contracting Act does not apply because                procurement by the Federal Government
                                                     Committee’s Procurement List.                           the JWOD purchase priority is                         under 41 U.S.C. 8501–8506 and 41 CFR
                                                        In fact, the FAR subparts 8.603 and                  applicable. The JWOD Act states:                      51–2.4.
                                                     8.704 contemplate a purchasing priority                                                                       Regulatory Flexibility Act Certification
                                                                                                             § 8504. Procurement Requirements for
                                                     ‘‘when identical supplies or services are
                                                                                                             the Federal Government                                   I certify that the following action will
                                                     on the Procurement List and the
                                                     Schedule of Products issued by the                         (a) In General.—An entity of the                   not have a significant impact on a
                                                     Federal Prison Industries, Inc.’’ For this              Federal Government intending to                       substantial number of small entities.
                                                     particular product, FPI has lost its                    procure a product or service on the                   The major factors considered for this
                                                     priority by operation of law, but the                   procurement list referred to in section               certification were:
                                                     AbilityOne priority remains effective.                  8503 of this title shall procure the                     1. The action will not result in
                                                        Section 827 of National Defense                      product or service from a qualified                   additional reporting, recordkeeping or
                                                     Authorization Act for Fiscal Year 2008                  nonprofit agency for the blind or a                   other compliance requirements for small
                                                     (NDAA for FY2008, now 10 U.S.C.                         qualified nonprofit agency for other                  entities.
                                                     2410n) and supplemental Defense                         severely disabled in accordance with                     2. The action may result in
                                                     Federal Acquisition Regulation                          regulations of the Committee and at the               authorizing small entities to furnish the
                                                     208.602–70 do not apply to the Javits-                  price the Committee establishes if the                products to the Government.
                                                     Wagner-O’Day (JWOD) Act purchase                        product or service is available within                   3. There are no known regulatory
                                                     priority established in 41 U.S.C. 8504                  the period required by the entity.                    alternatives which would accomplish
                                                     and implemented in FAR subpart 8.7.                        (b) Exception.—This section does not               the objectives of the Javits-Wagner-
                                                     As preset forth at 10 U.S.C. 2410n, if FPI              apply to the procurement of a product                 O’Day Act (41 U.S.C. 8501–8506) in
                                                     provides a significant market share of a                that is available from an industry                    connection with the products deleted
                                                     particular product to DOD, then, by                     established under chapter 307 of title 18             from the Procurement List.
                                                     statute, DOD procurement activities may                 and that is required under section 4124               End of Certification
                                                     purchase a product listed in the latest                 of title 18 to be procured from that
                                                                                                                                                                     Accordingly, the following products
                                                     edition of the Federal Prison Industries                industry.
                                                     catalog for which Federal Prison                           Pursuant to section 8504, an                       are deleted from the Procurement List:
                                                     Industries has a significant market share               exception to the JWOD priority exists                 Products
                                                     [defined as greater than 5%] only if the                for procurement of a ‘‘product that is                NSN(s)—Product Name(s):
                                                     Secretary uses competitive procedures                   available’’ from FPI. When an FPI                       7510–01–600–8033—Dated 2015 18-month
                                                     for the procurement or the product or                   product reaches the market share of                       Paper Wall Planner, 24″ x 37″
                                                     makes an individual purchase under a                    sales specified in section 2410n the                    7510–01–600–8044—Dated 2015 12-Month
                                                     multiple award contract in accordance                   product is no longer available from FPI                   2-Sided Laminated Wall Planner, 24″ x
                                                     with the competition requirements                       on a priority basis pursuant to 18 U.S.C.                 37″
                                                                                                                                                                   Mandatory Source(s) of Supply: The Chicago
asabaliauskas on DSK9F6TC42PROD with NOTICES2




                                                     applicable to such contract. In                         4124.
                                                                                                                Therefore, if the same product is                      Lighthouse for People Who Are Blind or
                                                     conducting such a competition, the                                                                                Visually Impaired, Chicago, IL
                                                     Secretary shall consider a timely offer                 listed on the Procurement List, then                  Contracting Activity: General Services
                                                     from Federal Prison Industries.                         Federal agencies must purchase from                       Administration, FSS Household and
                                                        See 10 U.S.C. 2410n (emphasis                        the designated nonprofit agencies                         Industrial Furniture, Arlington, VA
                                                     added). That language does not direct or                (assuming nonprofits are able to deliver              NSN(s)—Product Name(s):
                                                     permit the Secretary—either expressly                   the substantially same product in the                   7510–01–600–7560—Monthly Wall
                                                     or implicitly—to bypass the purchase                    delivery window required), and cannot                     Calendar, Dated 2015, Jan–Dec, 81⁄2″ x
                                                     priorities stated in the FAR subparts                   elect to pursue the competitive process                   11″



                                                VerDate Sep<11>2014   17:38 Feb 11, 2016   Jkt 238001   PO 00000   Frm 00013   Fmt 4703   Sfmt 4703   E:\FR\FM\12FEN1.SGM   12FEN1


                                                     7510                          Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Notices

                                                       7530–01–600–7569—Daily Desk Planner,                  on the current or most recent                         the expiring contract, since May 2015
                                                         Dated 2015, Wire bound, Non-refillable,             contractors, the Committee has                        and determined that no severe adverse
                                                         Black Cover                                         determined that the service listed below              impact exists. The Committee also
                                                       7510–01–600–7574—Wall Calendar, Dated
                                                                                                             is suitable for procurement by the                    published a notice of proposed
                                                         2015, Wire Bound w/Hanger, 12″ x 17″
                                                       7530–01–600–7603—Monthly Desk                         Federal Government under 41 U.S.C.                    Procurement List addition in the
                                                         Planner, Dated 2015, Wire Bound, Non-               8501–8506 and 41 CFR 51–2.4.                          Federal Register on December 18, 2015,
                                                         refillable, Black Cover                                                                                   and did not receive any comments from
                                                                                                             Regulatory Flexibility Act Certification
                                                       7530–01–600–7613—Weekly Desk Planner,                                                                       any interested persons, including from
                                                         Dated 2015, Wire Bound, Non-refillable,                I certify that the following action will           the incumbent contractor. This addition
                                                         Black Cover                                         not have a significant impact on a                    will not create a public hardship and
                                                       7530–01–600–7628—Weekly Planner                       substantial number of small entities.                 has limited effect on the public at large,
                                                         Book, Dated 2015, 5″ x 8″                           The major factors considered for this                 but rather will create new jobs for other
                                                       7510–01–600–7631—Wall Calendar, Dated
                                                                                                             certification were:                                   affected parties—people with severe
                                                         2015, Wire Bound w/hanger, 15.5″ x 22″
                                                     Mandatory Source(s) of Supply: The Chicago                 1. The action will not result in any               disabilities in the AbilityOne program
                                                         Lighthouse for People Who Are Blind or              additional reporting, recordkeeping or                who otherwise face challenges locating
                                                         Visually Impaired, Chicago, IL                      other compliance requirements for small               employment and will enable Federal
                                                     Contracting Activity: General Services                  entities other than the small                         customer operations to continue
                                                         Administration, New York, NY                        organizations that will provide the                   without interruption.
                                                     NSN(s)—Product Name(s): 4240–00–803–                    service to the Government.
                                                         5839—Bag, Waterproof                                   2. The action will result in                       Barry S. Lineback,
                                                     Mandatory Source(s) of Supply: Winston-                 authorizing small entities to provide the             Director, Business Operations.
                                                         Salem Industries for the Blind, Inc.,               service to the Government.                            [FR Doc. 2016–02941 Filed 2–11–16; 8:45 am]
                                                         Winston-Salem, NC                                      3. There are no known regulatory                   BILLING CODE 6353–01–P
                                                     Contracting Activity: W40M Northern Region
                                                         Contract Office, Fort Belvoir, VA
                                                                                                             alternatives which would accomplish
                                                                                                             the objectives of the Javits-Wagner-
                                                     Barry S. Lineback,                                      O’Day Act (41 U.S.C. 8501–8506) in                    COMMITTEE FOR PURCHASE FROM
                                                     Director, Business Operations.                          connection with the service proposed                  PEOPLE WHO ARE BLIND OR
                                                     [FR Doc. 2016–02940 Filed 2–11–16; 8:45 am]             for addition to the Procurement List.                 SEVERELY DISABLED
                                                     BILLING CODE 6353–01–P                                  End of Certification                                  Procurement List, Proposed Additions
                                                                                                               Accordingly, the following service is               And Deletion
                                                     COMMITTEE FOR PURCHASE FROM                             added to the Procurement List:                        AGENCY:  Committee for Purchase From
                                                     PEOPLE WHO ARE BLIND OR                                 Service                                               People Who Are Blind or Severely
                                                     SEVERELY DISABLED                                       Service Type: Help Desk Support Service               Disabled.
                                                                                                             Service is Mandatory For: U.S. Army, Army             ACTION: Proposed Additions to and
                                                     Procurement List Addition                                   Training Support Center, Combined                 Deletion from the Procurement List.
                                                     AGENCY: Committee for Purchase From                         Arms Center for Training, 3306 Wilson
                                                     People Who Are Blind or Severely                            Avenue, Joint Base Langley-Eustis, VA             SUMMARY:   The Committee is proposing
                                                     Disabled.                                               Mandatory Source(s) of Supply:                        to add products to the Procurement List
                                                                                                                 ServiceSource, Inc., Alexandria, VA,              that will be furnished by nonprofit
                                                     ACTION: Addition to the procurement                         Orion Career Works, Auburn, WA                    agencies employing persons who are
                                                     list.                                                   Contracting Activity: Dept of the Army,               blind or have other severe disabilities,
                                                                                                                 W6QM MICC–FDO Ft Eustis, Fort Eustis,             and deletes a product previously
                                                     SUMMARY:   This action adds a service to                    VA
                                                     the Procurement List that will be                                                                             furnished by such agency.
                                                     provided by nonprofit agencies                          Additional Information                                DATES: Comments Must Be Received On
                                                     employing persons who are blind or                         The Committee finds good cause to                  Or Before: 3/13/2016.
                                                     have other severe disabilities.                         dispense with the 30-day delay in the                 ADDRESSES: Committee for Purchase
                                                     DATES: Effective Date: 2/29/2016.                       effective date normally required by the               From People Who Are Blind or Severely
                                                     ADDRESSES: Committee for Purchase                       Administrative Procedure Act. 5 U.S.C.                Disabled, 1401 S. Clark Street, Suite
                                                     From People Who Are Blind or Severely                   553(d). This addition to the Committee’s              715, Arlington, Virginia 22202–4149.
                                                     Disabled, 1401 S. Clark Street, Suite                   Procurement List is a reaction to the                   For Further Information or To Submit
                                                     715, Arlington, Virginia, 22202–4149.                   expiration of the U.S. Army help desk                 Comments Contact: Barry S. Lineback,
                                                     FOR FURTHER INFORMATION CONTACT:                        support services contract. The Federal                Telephone: (703) 603–7740, Fax: (703)
                                                     Barry S. Lineback, Telephone: (703)                     customer contacted, and has worked                    603–0655, or email CMTEFedReg@
                                                     603–7740, Fax: (703) 603–0655, or email                 with the AbilityOne Program since                     AbilityOne.gov.
                                                     CMTEFedReg@AbilityOne.gov.                              April 2015 to fulfill this service need               SUPPLEMENTARY INFORMATION:    This
                                                     SUPPLEMENTARY INFORMATION:                              under the AbilityOne Program. To avoid                notice is published pursuant to 41
                                                                                                             performance disruption, and the                       U.S.C. 8503 (a)(2) and 41 CFR 51–2.3. Its
                                                     Addition                                                possibility that the U.S. Army will have              purpose is to provide interested persons
asabaliauskas on DSK9F6TC42PROD with NOTICES2




                                                       On December 18, 2015 (80 FR 79031–                    no viable alternative but to procure this             an opportunity to submit comments on
                                                     79032), the Committee for Purchase                      service, this addition must be effective              the proposed actions.
                                                     From People Who Are Blind or Severely                   on February 29, 2016, ensuring timely
                                                     Disabled published notice of proposed                   execution for a March 1, 2016, start date             Additions
                                                     additions to the Procurement List.                      while still allowing 18 days for                        If the Committee approves the
                                                       After consideration of the material                   comment. Pursuant to its own                          proposed additions, the entities of the
                                                     presented to it concerning capability of                regulation 41 CFR 51–2.4, the                         Federal Government identified in this
                                                     qualified nonprofit agencies to furnish                 Committee has been in contact with one                notice will be required to procure the
                                                     the service and impact of the additions                 of the affected parties, the incumbent of             products listed below from nonprofit


                                                VerDate Sep<11>2014   17:38 Feb 11, 2016   Jkt 238001   PO 00000   Frm 00014   Fmt 4703   Sfmt 4703   E:\FR\FM\12FEN1.SGM   12FEN1



Document Created: 2016-02-12 01:24:35
Document Modified: 2016-02-12 01:24:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionAdditions to and deletions from the procurement list.
ContactBarry S. Lineback, Telephone: (703) 603-7740, Fax: (703) 603-0655, or email [email protected]
FR Citation81 FR 7508 

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