Procurement List; Addition and Deletions, 1411-1412 [05-356]
Download as PDF
<![CDATA[
Federal Register / Vol. 70, No. 5 / Friday, January 7, 2005 / Notices
Program is administered by the
Committee. Two national, independent
organizations, National Industries for
the Blind (NIB) and NISH, help State
and private nonprofit agencies
participate in the JWOD Program.
The implementing regulations for the
JWOD Act, which are located at 41 CFR
Chapter 51, detail the recordkeeping
requirements imposed on nonprofit
agencies participating in the JWOD
Program. Section 51–2.4 of the
regulations describes the criteria that
the Committee must consider when
adding a product or service to its
Procurement List. One of these criteria
is that a proposed addition must
demonstrate a potential to generate
employment for people who are blind or
severely disabled. The Committee
decided that evidence that employment
will be generated for those individuals
consists of recordkeeping that tracks
direct labor and revenues for products
or services sold through a JWOD
Program contract. This recordkeeping
can be done on each individual JWOD
project or by product or service family.
In addition, § 51–4.3 of the
regulations requires that nonprofit
agencies keep records on direct labor
hours performed by each worker and
keep an individual record or file for
each blind or severely disabled
individual documenting that
individual’s disability and capabilities
for competitive employment. The
records that nonprofit agencies must
keep in accordance with § 51–4.3 of the
regulations constitute the bulk of the
hour burden associated with this OMB
control number.
On October 4, 2004, we published in
the Federal Register (69 FR 59185–
59186) a notice requesting public
comment on these recordkeeping
requirements for 60 days, ending
December 3, 2004. By that date, we
received one comment. That
commenter, a participating nonprofit
agency, supported our efforts to renew
this recordkeeping requirement.
The information collection renewal
request seeks approval for the
Committee to continue to ensure
compliance with recordkeeping
requirements established by the
authority of the JWOD Act and set forth
in the Act’s implementing regulations.
A renewal of the approval for this
collection would also help ensure that
the Committee has the ability to confirm
the suitability of products and services
on its Procurement List. The
recordkeeping requirements described
in this document are the same as those
currently imposed on nonprofit agencies
participating in the JWOD Program.
VerDate jul<14>2003
18:03 Jan 06, 2005
Jkt 205001
Title: Nonprofit Agency
Responsibilities, 41 CFR 51–2.4 and 51–
4.3.
OMB Control Number: 3037–0005.
Description of Collection:
Recordkeeping.
Description of Respondents:
Nonprofit agencies participating in the
JWOD Program.
Annual Number of Respondents:
About 650 nonprofit agencies will
annually participate in recordkeeping.
Total Annual Burden Hours: The
recordkeeping burden is estimated to
average 5 hours per respondent. Total
annual burden is 3,250 hours.
We invite comments concerning this
renewal on: (1) Whether the collection
of information is necessary for the
proper performance of our agency’s
functions, including whether the
information will have practical utility;
(2) the accuracy of our estimate of the
burden of the collection of information;
(3) ways to enhance the quality, utility,
and clarity of the information to be
collected; and (4) ways to minimize the
burden of the collection of information
on respondents.
Dated: January 4, 2005.
Sheryl D. Kennerly,
Director, Information Management.
[FR Doc. 05–358 Filed 1–6–05; 8:45 am]
BILLING CODE 6353–01–P
COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Procurement List; Addition and
Deletions
Committee for Purchase from
People Who Are Blind or Severely
Disabled.
ACTION: Addition to and deletions from
Procurement List.
AGENCY:
SUMMARY: This action adds to the
Procurement List a product to be
furnished by nonprofit agencies
employing persons who are blind or
have other severe disabilities, and
deletes from the Procurement List
services previously furnished by such
agencies.
Effective Date: February 6, 2005.
Committee for Purchase
From People Who Are Blind or Severely
Disabled, Jefferson Plaza 2, Suite 10800,
1421 Jefferson Davis Highway,
Arlington, Virginia, 22202–3259.
FOR FURTHER INFORMATION CONTACT:
Sheryl D. Kennerly, Telephone: (703)
603–7740, Fax: (703) 603–0655, or email SKennerly@jwod.gov.
SUPPLEMENTARY INFORMATION:
DATES:
ADDRESSES:
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
1411
Addition
On November 5, 2004, the Committee
for Purchase From People Who Are
Blind or Severely Disabled published
notice (69 F.R. 64562) of proposed
addition to the Procurement List.
The following comments pertain to
Body Fluids Barrier Kit:
Comments were received from the
current contractor for this kit and from
a district office of the Small Business
Administration (SBA). The contractor
addressed the impact of this addition to
the Procurement List on the contractor’s
business, and set forth technical reasons
why it does not believe the designated
nonprofit agency and its blind workers
can produce the kit in accordance with
Government technical and health
requirements.
The contractor claimed that it would
be severely impacted by this addition to
the Procurement List because the
addition would make the difference
between a net profit and a net loss for
the company. The contractor stated that
it operates on a narrow profit margin
because it reinvests most of its profits in
the company. However, the Committee’s
measure of contractor impact, as stated
at 41 CFR 51–2.4(a)(4), is the percentage
of the contractor’s total sales
represented by this addition, with
consideration being given to the length
of time the contractor has held a
Government contract for the kit. That
percentage of sales is very small (less
than one percent), so even taking into
account the length of time the contractor
has held a contract for the kit, the
Committee does not consider this
addition to the Procurement List to have
a severe adverse impact on the
contractor, particularly as the contractor
may vary its profit level by changing its
profit reinvestment pattern.
The contractor claimed that the kit
requires an FDA 501(k) certification,
along with Letters of Certification/
Compliance for each component in the
kit. However, these requirements apply
to the manufacturers of the kit and its
components, not to the assembler,
which is what the nonprofit agency
designated by the Committee will be
doing. The contractor also claimed that
specifications for the kit require 100
percent visual inspection of components
and the assembly operation. However,
the Contracting Officer has informed the
Committee that there is no such
inspection requirement. In addition,
inspections will be performed by the
nonprofit agency’s quality control
personnel. The Committee’s law, at 41
U.S.C. 48b(5), excludes inspection from
the definition of direct labor tasks
E:\FR\FM\07JAN1.SGM
07JAN1
1412
Federal Register / Vol. 70, No. 5 / Friday, January 7, 2005 / Notices
which must be performed by blind
individuals in this situation.
The contractor claimed that there is a
long learning curve to manufacturing
the kit, and that letting an
inexperienced producer like the
designated nonprofit agency have the
contract would expose the Government
customer to significant risks. As noted
above, the nonprofit agency will only be
assembling the kits, not manufacturing
any part of them. The Government
procuring activity has inspected the
nonprofit agency and concluded that it
is capable of performing all tasks
necessary to assemble the kit. The
nonprofit agency has experience in
assembling a First Aid kit which is
similar to the body fluids barrier kit
being added to the Procurement List.
The SBA office stated that the
Committee cannot add the kit to the
Procurement List because the current
contractor is a participant in SBA’s 8(a)
program, so the addition is prohibited
by an agreement between SBA and
NISH, one of the Committee’s
designated central nonprofit agencies.
What the SBA office is actually referring
to is a Committee policy by which the
Committee will not add to the
Procurement List items produced by a
contractor which holds the Government
contract for the item through the 8(a)
program, until that contractor graduates
from the 8(a) program. However, while
the current contractor for the kit is a
participant in the 8(a) program, its
contract for the kit was not awarded
under the 8(a) program, so the limitation
on additions to the Procurement List
expressed in the Committee policy is
not applicable to this addition.
The following material pertains to the
item being added to the Procurement
List.
After consideration of the material
presented to it concerning capability of
qualified nonprofit agencies to provide
the products and impact of the
additions on the current or most recent
contractors, the Committee has
determined that the product listed
below is suitable for procurement by the
Federal Government under 41 U.S.C.
46–48c 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
product to the Government.
VerDate jul<14>2003
18:03 Jan 06, 2005
Jkt 205001
2. The action will result in
authorizing small entities to furnish the
product to the Government.
3. There are no known regulatory
alternatives which would accomplish
the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in
connection with the product proposed
for addition to the Procurement List.
End of Certification
Accordingly, the following product is
added to the Procurement List:
Product
Product/NSN: Body Fluids Barrier Kit, 6515–
01–376–7247.
NPA: The Oklahoma League for the Blind,
Oklahoma City, Oklahoma.
Contracting Activity: GSA, Southwest Supply
Center, Fort Worth, Texas.
Deletions
On November 12, 2004, the
Committee for Purchase From People
Who Are Blind or Severely Disabled
published notice (69 FR 65409) of
proposed deletions to the Procurement
List. After consideration of the relevant
matter presented, the Committee has
determined that the services listed
below are no longer suitable for
procurement by the Federal Government
under 41 U.S.C. 46–48c 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 may result in additional
reporting, recordkeeping or other
compliance requirements for small
entities.
2. The action may result in
authorizing small entities to furnish the
services to the Government.
3. There are no known regulatory
alternatives which would accomplish
the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in
connection with the services deleted
from the Procurement List.
End of Certification
Accordingly, the following services
are deleted from the Procurement List:
Services
Service Type/Location: Medical
Transcription, 97th Medical Group,
Altus AFB, Oklahoma.
NPA: New Vision Enterprises, Inc.,
Louisville, Kentucky.
Contracting Activity: Department of the Air
Force.
Service Type/Location: Medical
Transcription, Dwight D. Eisenhower,
Veterans Affairs Medical Center,
Leavenworth, Kansas.
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
NPA: New Vision Enterprises, Inc.,
Louisville, Kentucky.
Contracting Activity: Department of Veterans
Affairs, Washington, DC.
Sheryl D. Kennerly,
Director, Information Management.
[FR Doc. 05–356 Filed 1–6–05; 8:45 am]
BILLING CODE 6353–01–U
COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Procurement List; Proposed Additions
Committee for Purchase from
People Who Are Blind or Severely
Disabled.
ACTION: Proposed additions to
Procurement List.
AGENCY:
SUMMARY: The Committee is proposing
to add to the Procurement List a product
and services to be furnished by
nonprofit agencies employing persons
who are blind or have other severe
disabilities.
Comments Must Be Received On or
Before: February 6, 2005.
ADDRESSES: Committee for Purchase
From People Who Are Blind or Severely
Disabled, Jefferson Plaza 2, Suite 10800,
1421 Jefferson Davis Highway,
Arlington, Virginia, 22202–3259.
FOR FURTHER INFORMATION CONTACT:
Sheryl D. Kennerly, Telephone: (703)
603–7740, Fax: (703) 603–0655, or email SKennerly@jwod.gov.
SUPPLEMENTARY INFORMATION: This
notice is published pursuant to 41
U.S.C. 47(a)(2) and 41 CFR 51–2.3. Its
purpose is to provide interested persons
an opportunity to submit comments on
the proposed actions. If the Committee
approves the proposed additions, the
entities of the Federal Government
identified in the notice for each product
or service will be required to procure
the product and services listed below
from nonprofit agencies employing
persons who are blind or have other
severe disabilities.
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. If approved, 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 product and services to the
Government.
2. If approved, the action will result
in authorizing small entities to furnish
E:\FR\FM\07JAN1.SGM
07JAN1
]]>Agencies
[Federal Register Volume 70, Number 5 (Friday, January 7, 2005)]
[Notices]
[Pages 1411-1412]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-356]
-----------------------------------------------------------------------
COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED
Procurement List; Addition and Deletions
AGENCY: Committee for Purchase from People Who Are Blind or Severely
Disabled.
ACTION: Addition to and deletions from Procurement List.
-----------------------------------------------------------------------
SUMMARY: This action adds to the Procurement List a product to be
furnished by nonprofit agencies employing persons who are blind or have
other severe disabilities, and deletes from the Procurement List
services previously furnished by such agencies.
DATES: Effective Date: February 6, 2005.
ADDRESSES: Committee for Purchase From People Who Are Blind or Severely
Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway,
Arlington, Virginia, 22202-3259.
FOR FURTHER INFORMATION CONTACT: Sheryl D. Kennerly, Telephone: (703)
603-7740, Fax: (703) 603-0655, or e-mail SKennerly@jwod.gov.
SUPPLEMENTARY INFORMATION:
Addition
On November 5, 2004, the Committee for Purchase From People Who Are
Blind or Severely Disabled published notice (69 F.R. 64562) of proposed
addition to the Procurement List.
The following comments pertain to Body Fluids Barrier Kit:
Comments were received from the current contractor for this kit and
from a district office of the Small Business Administration (SBA). The
contractor addressed the impact of this addition to the Procurement
List on the contractor's business, and set forth technical reasons why
it does not believe the designated nonprofit agency and its blind
workers can produce the kit in accordance with Government technical and
health requirements.
The contractor claimed that it would be severely impacted by this
addition to the Procurement List because the addition would make the
difference between a net profit and a net loss for the company. The
contractor stated that it operates on a narrow profit margin because it
reinvests most of its profits in the company. However, the Committee's
measure of contractor impact, as stated at 41 CFR 51-2.4(a)(4), is the
percentage of the contractor's total sales represented by this
addition, with consideration being given to the length of time the
contractor has held a Government contract for the kit. That percentage
of sales is very small (less than one percent), so even taking into
account the length of time the contractor has held a contract for the
kit, the Committee does not consider this addition to the Procurement
List to have a severe adverse impact on the contractor, particularly as
the contractor may vary its profit level by changing its profit
reinvestment pattern.
The contractor claimed that the kit requires an FDA 501(k)
certification, along with Letters of Certification/Compliance for each
component in the kit. However, these requirements apply to the
manufacturers of the kit and its components, not to the assembler,
which is what the nonprofit agency designated by the Committee will be
doing. The contractor also claimed that specifications for the kit
require 100 percent visual inspection of components and the assembly
operation. However, the Contracting Officer has informed the Committee
that there is no such inspection requirement. In addition, inspections
will be performed by the nonprofit agency's quality control personnel.
The Committee's law, at 41 U.S.C. 48b(5), excludes inspection from the
definition of direct labor tasks
[[Page 1412]]
which must be performed by blind individuals in this situation.
The contractor claimed that there is a long learning curve to
manufacturing the kit, and that letting an inexperienced producer like
the designated nonprofit agency have the contract would expose the
Government customer to significant risks. As noted above, the nonprofit
agency will only be assembling the kits, not manufacturing any part of
them. The Government procuring activity has inspected the nonprofit
agency and concluded that it is capable of performing all tasks
necessary to assemble the kit. The nonprofit agency has experience in
assembling a First Aid kit which is similar to the body fluids barrier
kit being added to the Procurement List.
The SBA office stated that the Committee cannot add the kit to the
Procurement List because the current contractor is a participant in
SBA's 8(a) program, so the addition is prohibited by an agreement
between SBA and NISH, one of the Committee's designated central
nonprofit agencies. What the SBA office is actually referring to is a
Committee policy by which the Committee will not add to the Procurement
List items produced by a contractor which holds the Government contract
for the item through the 8(a) program, until that contractor graduates
from the 8(a) program. However, while the current contractor for the
kit is a participant in the 8(a) program, its contract for the kit was
not awarded under the 8(a) program, so the limitation on additions to
the Procurement List expressed in the Committee policy is not
applicable to this addition.
The following material pertains to the item being added to the
Procurement List.
After consideration of the material presented to it concerning
capability of qualified nonprofit agencies to provide the products and
impact of the additions on the current or most recent contractors, the
Committee has determined that the product listed below is suitable for
procurement by the Federal Government under 41 U.S.C. 46-48c 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 product to the
Government.
2. The action will result in authorizing small entities to furnish
the product 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. 46-
48c) in connection with the product proposed for addition to the
Procurement List.
End of Certification
Accordingly, the following product is added to the Procurement
List:
Product
Product/NSN: Body Fluids Barrier Kit, 6515-01-376-7247.
NPA: The Oklahoma League for the Blind, Oklahoma City, Oklahoma.
Contracting Activity: GSA, Southwest Supply Center, Fort Worth,
Texas.
Deletions
On November 12, 2004, the Committee for Purchase From People Who
Are Blind or Severely Disabled published notice (69 FR 65409) of
proposed deletions to the Procurement List. After consideration of the
relevant matter presented, the Committee has determined that the
services listed below are no longer suitable for procurement by the
Federal Government under 41 U.S.C. 46-48c 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 may result in additional reporting, recordkeeping or
other compliance requirements for small entities.
2. The action may result in authorizing small entities to furnish
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. 46-
48c) in connection with the services deleted from the Procurement List.
End of Certification
Accordingly, the following services are deleted from the
Procurement List:
Services
Service Type/Location: Medical Transcription, 97th Medical Group,
Altus AFB, Oklahoma.
NPA: New Vision Enterprises, Inc., Louisville, Kentucky.
Contracting Activity: Department of the Air Force.
Service Type/Location: Medical Transcription, Dwight D. Eisenhower,
Veterans Affairs Medical Center, Leavenworth, Kansas.
NPA: New Vision Enterprises, Inc., Louisville, Kentucky.
Contracting Activity: Department of Veterans Affairs, Washington,
DC.
Sheryl D. Kennerly,
Director, Information Management.
[FR Doc. 05-356 Filed 1-6-05; 8:45 am]
BILLING CODE 6353-01-U
