[Federal Register Volume 60, Number 67 (Friday, April 7, 1995)]
[Notices]
[Pages 17775-17776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8587]
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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 to the Procurement List a commodity to be
furnished by nonprofit agencies employing persons who are blind or have
other severe disabilities.
EFFECTIVE DATE: May 8, 1995.
ADDRESSES: Committee for Purchase From People Who Are Blind or Severely
Disabled, Crystal Square 3, Suite 403, 1735 Jefferson Davis Highway,
Arlington, Virginia 22202-3461.
FOR FURTHER INFORMATION CONTACT: Beverly Milkman (703) 603-7740.
SUPPLEMENTARY INFORMATION: On February 3, 1995, the Committee for
Purchase From People Who Are Blind or Severely Disabled published
notice (60 FR 6702) of proposed addition to the Procurement List.
Comments were received from a cup manufacturer which has not been a
Government contractor for the cup at issue in this addition to the
Procurement List. The commenter indicated that it considered the cup
not to be suitable for production by blind individuals because it
requires visual inspection during production and allowing blind people
to work in close proximity to high speed machinery would be dangerous.
The commenter also indicated that the Committee should meet its goal of
creating employment for people with severe disabilities by giving
private manufacturers an opportunity to hire such people rather than by
adding commodities to the Procurement List. The commenter stated that
the Committee's method of assessing impact on contractors is biased
against larger companies because it looks at impact on the total
company rather than a single plant or product line. The commenter
indicated that the Committee should not add items to the Procurement
List on an open-ended basis, but should allow occasional competitive
bidding to ensure that the nonprofit agencies maintain their ability to
produce effectively.
The Committee's determination that the nonprofit agency is capable
of producing this cup was based on capability determinations by the
Government agency which procures the [[Page 17776]] cup and the central
nonprofit agency concerned in this action. The Government agency
performed an extensive inspection of the nonprofit agency's plant and
plans and concluded that it is fully capable of performing in
accordance with all specifications, drawings, terms, and conditions of
the contract. The Government agency specifically approved, among other
things, the production and inspection arrangements that will be used.
The nonprofit agency is one of the largest manufacturers
participating in the Committee's program. It produces, among other
things, several other paper and plastic utensils which involve high
speed or otherwise dangerous machinery, and has taken steps to
structure its use of blind labor and to provide safeguards on its
machinery to avoid the dangers which the commenter implies blind people
would face. While the Committee requires the use of a high percentage
of blind direct labor in the production of the cup, the requirement
does not extend to indirect labor, such as inspection, which may be
performed by sighted individuals.
The Committee appreciates the commenter's assertion that private
manufacturers should be encouraged to hire people who are blind or have
other severe disabilities, however, it does not believe that such
encouragement should replace the Committee's mandatory source
procurement program as a way of creating jobs. The Committee's program
guarantees Federal contracts and requires that people with severe
disabilities perform the majority of the direct labor on those
contracts. This approach is intended to assure stable work for such
individuals. Private manufacturers have no such guarantees of Federal
(or other) business and no requirement to use people with severe
disabilities on whatever work they do have. The Committee also notes
that the majority of the individuals working on contracts under its
program are not currently capable of competitive employment.
Consequently, many would not be able to hold jobs with private
manufacturers even if positions were available. For those who are
capable, the Committee encourages them to seek jobs in the competitive
marketplace by requiring that participating nonprofit agencies help
them do so. In many cases, this help includes working with private
firms to develop employment opportunities. Thus, the commenter's
proposed alternative to Procurement List additions does not represent
an acceptable alternative and, where possible, is already being
accomplished.
The Committee does not agree that its method of assessing
contractor impact is biased against large companies. Such companies are
usually free to allocate their resources in a way that will alleviate
impact on a single facility, if the companies desire, in a way that
smaller companies are not. The Committee accordingly believes that its
method of treating all contractors equally, by assessing impact based
on all factors relevant to the contractor's business as a whole, is the
fairest method of assessing the impact of a Procurement List addition.
Nonprofit agencies producing for the Committee's program are
required to continue to produce efficiently because their goods must be
sold to the Government at a fair market price. If a nonprofit agency is
unable to produce efficiently enough to meet Government requirements,
the Committee can transfer production authority to another nonprofit
agency, suspend the mandatory source requirement, or take the item in
question off the Procurement List.
Accordingly, there is no need to allow competitive procurements of
items in the Committee's program to keep nonprofit agency production
standards on a par with competitive industry.
After consideration of the material presented to it concerning
capability of qualified nonprofit agencies to provide the commodity,
fair market price, and impact of the addition on the current or most
recent contractors, the Committee has determined that the commodity
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 commodity to the
Government.
2. The action does not appear to have a severe economic impact on
current contractors for the commodity.
3. The action will result in authorizing small entities to furnish
the commodity 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 commodity proposed for addition to the
Procurement List.
Accordingly, the following commodity is hereby added to the
Procurement List:
Cup, Disposable, Paper
7350-01-359-9524
This action does not affect current contracts awarded prior to the
effective date of this addition or options exercised under those
contracts.
Beverly L. Milkman,
Executive Director.
[FR Doc. 95-8587 Filed 4-6-95; 8:45 am]
BILLING CODE 6820-33-P