Procurement List Additions

[Federal Register Volume 64, Number 185 (Friday, September 24, 1999)]
[Notices]
[Pages 51734-51735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24944]


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COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED


Procurement List Additions

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

ACTION: Additions to the procurement list.

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

EFFECTIVE DATE: October 25, 1999.

ADDRESSES: Committee for Purchase From People Who Are Blind or Severely 
Disabled, Crystal Gateway 3, Suite 310, 1215 Jefferson Davis Highway, 
Arlington, Virginia 22202-4302.

FOR FURTHER INFORMATION CONTACT: Beverly Milkman (703) 603-7740.

SUPPLEMENTARY INFORMATION: On June 18, August 6 and 13, 1999, the 
Committee for Purchase From People Who Are Blind or Severely Disabled 
published notices (64 FR 32844, 42902 and 44198) of proposed additions 
to the Procurement List.

The Following Comments Pertain to Full Food and Dining Facility 
Attendant, Fort Polk, Louisiana

    Comments were received from an organization which represents blind 
vendors under the Randolph-Sheppard Act, 20 U.S.C. 107, and from the 
State agency responsible for licensing blind vendors in Louisiana. Both 
commenters stated that addition of this food service to the Procurement 
List would be a direct violation of the Randolph-Sheppard Act, which 
they believe affords blind vendors a paramount priority in the 
operation of military troop dining facilities. Both commenters 
requested that the Committee withdraw the proposed addition of this 
food service to the Procurement List so that the service might be 
performed by a licensed blind vendor under the Randolph-Sheppard Act.
    It is the Committee's longstanding position that the Randolph-
Sheppard Act, which by its terms applies to ``concession vending 
opportunities'' (20 U.S.C. 107a(a)(2)), is not applicable to Government 
food service contracts financed by appropriated funds, such as military 
troop dining facilities. Consequently, the Randolph-Sheppard Act is no 
bar to the addition of this food service to the Procurement List, and 
the Committee declines to withdraw its proposal to add the service to 
the List.
    The State licensing agency cited an authority added to the 
Randolph-Sheppard Act in 1974, which permits the Department of 
Education to establish a priority ``for the operation of cafeterias on 
Federal property by blind licensees,'' 20 U.S.C. 107d-3(e), as a basis 
for the establishment of Randolph-Sheppard jurisdiction over the food 
service being added to the Procurement List. The Committee is familiar 
with this authority and its legislative history, and does not agree 
with the State licensing agency's conclusion for several reasons. 
First, ``cafeteria'' as used in the Randolph-Sheppard Act is defined as 
a subset of ``vending facility,'' 20 U.S.C. 107(e)(7), and Randolph-
Sheppard vending facilities are concession operations, as noted in the 
preceding

[[Page 51735]]

paragraph. Second, the nonprofit agency will not be operating this 
facility, as it will be performing its functions under the oversight 
and management of Army personnel. Accordingly, the Committee rejects 
the State licensing agency's argument that ``operation'' in this 
Randolph-Sheppard authority is equivalent to ``provide food services.''
    The State licensing agency also noted that the purpose of the 
Randolph-Sheppard Act is to increase opportunities for the blind. 
``Operation,'' as used in the Randolph-Sheppard Act, is thus to be 
construed broadly, according to the State licensing agency, to promote 
this statutory purpose. However, the Javits-Wagner-O'Day (JWOD) Act, 41 
U.S.C. 46-48c, under which this food service is being added to the 
Procurement List, is also intended to increase employment opportunities 
for people who are blind, as well as people with other severe 
disabilities. The Committee believes that it should also be construed 
broadly and, as it is intended to apply to Federal procurements of 
supplies and services, normally done with appropriated funds as is the 
case for this food service, that the JWOD Act is the statute which was 
intended to have paramount priority in this situation, not the 
Randolph-Sheppard Act.

The Following Comments Pertain to Laundry Service, Bangor Naval 
Subase BOQ & BEQ, and Miscellaneous Sites To Include Ships in Port, 
Bremerton, Washington

    Comments were received from the current contractor for a portion of 
the service requirement which was proposed for addition to the 
Procurement List. The Committee received these comments both directly 
and through a Member of Congress. This contractor provides laundry 
service at the Bangor Submarine Base but not for the ships included in 
the service requirement. The contractor claimed that loss of its 
contract for the base, along with two Procurement List additions in 
1994 and a loss earlier this year of a major commercial contract, would 
severely impact the contractor's business. The contractor also noted 
that the nationwide chain laundries operating in the Puget Sound area 
have practically quit doing commercial laundry work, so if the 
contractor ceases operations there will be no backup to the nonprofit 
agency designated to perform this service requirement if it is unable 
to perform.
    According to Committee records, the contractor held the Government 
contract for only one of the two 1994 services added to the Procurement 
List which the contractor mentioned. The contractor's continued 
commercial existence since that time suggests that the 1994 addition 
did not have a severe adverse impact on the contractor. If its 
competitors are leaving the local commercial laundry market, it would 
appear likely that the contractor will be able to recoup its loss of a 
major customer. However, the Committee has decided to lessen the impact 
on this customer by limiting its addition of the base's laundry service 
to the Procurement List to two buildings, which are the bachelor 
officers and enlisted quarters for the base. The contractor has told 
the Committee that these two buildings generate very little sales. 
Consequently, the Committee does not believe that the revised 
Procurement List addition will have a severe adverse impact on the 
contractor, and that the contractor will remain in business to serve, 
among other things, as a backup for the nonprofit agency, although this 
will be unlikely as the nonprofit agency has been found fully capable 
of performing the service requirement being added to the Procurement 
List.

The following Material Pertains to All of the Services Being Added 
to the Procurement List

    After consideration of the material presented to it concerning 
capability of qualified nonprofit agencies to provide the services and 
impact of the additions on the current or most recent contractors, the 
Committee has determined that the services listed below are suitable 
for procurement by the Federal Government under 41 U.S.C. 46-48c and 41 
CFR 51-2.4. I certify that the following action will not have a 
significant impact on a substantial number of small entities. The major 
factors considered for this certification were:
    1. The action will not result in any additional reporting, 
recordkeeping or other compliance requirements for small entities other 
than the small organizations that will furnish the services to the 
Government.
    2. The action will not have a severe economic impact on current 
contractors for the services.
    3. The action will result in authorizing small entities to furnish 
the services to the Government.
    4. There are no known regulatory alternatives which would 
accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-
48c) in connection with the services proposed for addition to the 
Procurement List.
    Accordingly, the following services are hereby added to the 
Procurement List:

Full Food & Dining Facility Attendant, Fort Polk, Louisiana

Janitorial/Custodial

Denver Federal Center, Building 95, Denver, Colorado
Kennesaw National Battlefield Park Visitor Center, Kennesaw, Georgia

Laundry Service

Bangor Naval Subase BOQ & BEQ and Miscellaneous Sites to include 
ships in port, Bremerton, Washington

Mail and Messenger Service

Naval Engineering Field Activity Chesapeake, Atlantic Division, 
Washington Navy Yard, Naval Facilities Engineering Command 
(NAVFACENGCOM), 851 Sicard Street, SE, Washington, DC

Mail and Messenger Service

Headquarters, Naval Facilities Engineering Command (NAVFACENGCOM), 
1322 Patterson Avenue, SE, Washington, DC

    This action does not affect current contracts awarded prior to the 
effective date of this addition or options that may be exercised under 
those contracts.
Louis R. Bartalot,
Deputy Director (Operations).
[FR Doc. 99-24944 Filed 9-23-99; 8:45 am]
BILLING CODE 6353-01-P