83 FR 26658 - Procurement List; Addition

COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED

Federal Register Volume 83, Issue 111 (June 8, 2018)

This action adds a service to the Procurement List that will be provided by a nonprofit agency employing persons who are blind or have other severe disabilities.

[Federal Register Volume 83, Number 111 (Friday, June 8, 2018)]
[Notices]
[Pages 26658-26659]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12387]


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COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED


Procurement List; Addition

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

ACTION: Addition to the Procurement List.

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

DATES: Date added to the Procurement List: June 17, 2018.

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: Amy B. Jensen, Telephone: (703) 603-
7740, Fax: (703) 603-0655, or email [email protected]

SUPPLEMENTARY INFORMATION: 

Addition

    On 3/16/2018 (83 FR 52), the Committee for Purchase From People Who 
Are Blind or Severely Disabled published a notice of proposed addition 
to the Procurement List.
    After consideration of the material presented to it concerning 
capability of qualified nonprofit agency to provide the service and 
impact of the addition on the current or most recent contractors, the 
Committee has determined that the service listed below is 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 organization that will provide the service to the 
Government.
    2. The action will result in authorizing small entities to provide 
the 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 service proposed for addition to the 
Procurement List.
    The Committee finds good cause to dispense with the 30-day delay in 
the effective date normally required by the Administrative Procedure 
Act. See 5 U.S.C. 553(d). This addition to the Committee's Procurement 
List is effectuated because of the expiration of the U.S. Navy NAVSUP 
Fleet Logistics Center Norfolk Warehouse Support Service contract. The 
Federal customer contacted, and has worked diligently with the 
AbilityOne Program to fulfill this service need under the AbilityOne 
Program. To avoid performance disruption, and the possibility that the 
U.S. Navy will refer its business elsewhere, this addition must be 
effective on June 17, 2018, ensuring timely execution for a June 18, 
2018 start date while still allowing 8 days for comments. Pursuant to 
its own regulation 41 CFR 51-2.4, the Committee has been in contact 
with one of the affected parties, the incumbent of the expiring 
contract since May 2017, and determined that no severe adverse impact 
exists. The Committee also published a notice of proposed Procurement 
List addition in the Federal Register on March 16, 2018, and did 
receive comments from the incumbent contractor. The Committee has 
addressed those comments which are provided in this notice. This 
addition will not create a public hardship and has limited effect on 
the public at large, but, rather, will create new jobs for other 
affected parties--people with significant disabilities in the 
AbilityOne Program who otherwise face challenges locating employment. 
Moreover, this addition will enable Federal customer operations to 
continue without interruption.

[[Page 26659]]

End of Certification

    Accordingly, the following service is added to the Procurement 
List:

Service

Service Type: Warehouse Support Service
Mandatory for: NAVSUP Fleet Logistics Center Norfolk, NDW, Supply 
Management Division, NAVSUP Warehouse, Building 234, 234 Halligan 
Rd., Annapolis, MD
Mandatory Source of Supply: Richmond Area Association for Retarded 
Citizens, Richmond, VA
Contracting Activity: Dept of the Navy, NAVSUP FLT Log CTR Norfolk

    The U.S. AbilityOne Commission, whose mission is to provide 
employment opportunities for individuals who are blind or have 
significant disabilities in the manufacture and delivery of products 
and services to the Federal Government, received comments from one 
party with interests in the proposed addition to the Procurement List.
    The Commenter objected to the addition of warehouse support service 
requirements at Navy Supply Warehouse, Annapolis, MD to the Procurement 
List for three reasons: suitability of the work for the AbilityOne 
Program, inability of a nonprofit agency to maintain the mandatory 
overall direct labor hour ratio while performing the warehouse support 
services requirement, and financial and business impact to the small 
business incumbent.
    The Commenter questioned whether warehouse support services tasks, 
including inspecting, receiving and processing materials; utilizing 
material handling equipment (i.e., box truck, fork lifts, etc.); 
maintaining accurate records; and cleaning the warehouse are tasks 
suitable for people with significant disabilities. Pursuant to 41 CFR 
51-2.4, the Commission conducts a suitability analysis prior to each 
Procurement List addition. Similar warehouse support service 
requirements are currently on the Procurement List, and the Commission 
has historically considered this type of work requirement suitable for 
the employment of individuals with significant disabilities. The 
Commission notes several nonprofit agencies currently perform warehouse 
support services requirements like the Navy Supply Warehouse, 
Annapolis, MD, in full compliance with the requirements of the 
AbilityOne Program.
    The Commenter also questioned whether a nonprofit agency will be 
able to maintain the overall direct labor hour ratio requirement of 
performing 75% of the direct labor hours by people who are blind or 
significantly disabled. Pursuant to 41 U.S.C. 8501(6), a nonprofit 
agency in the AbilityOne Program must employ blind or significantly 
disabled individuals at a level no less than 75% of the agency's 
overall direct labor hour ratio. The Commission notes that several 
nonprofit agencies currently perform warehouse support service 
requirements, like Navy Supply Warehouse, Annapolis, MD, and maintain 
compliance with the overall 75% direct labor hour requirement.
    Finally, the Commenter asserted adverse financial and business 
impact to its operations should the work requirement be added to the 
Procurement List. The Commission conducted an analysis of a possible 
severe adverse impact on the Commenter, the incumbent contractor, in 
accordance with 41 CFR 51-2.4(a)(4) and concluded there was no severe 
adverse impact.

Amy Jensen,
Director, Business Operations.
[FR Doc.2018-12387 Filed 6-7-18; 8:45 am]
 BILLING CODE 6353-01-P