Procurement List; Additions and Deletions, 69539-69540 [E6-20364]
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Federal Register / Vol. 71, No. 231 / Friday, December 1, 2006 / Notices
Deletions
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 may result
in additional reporting, recordkeeping
or other compliance requirements for
small entities.
2. If approved, the action may result
in authorizing small entities to furnish
the products and 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 products and
services proposed for deletion from the
Procurement List.
End of Certification
The following products and services
are proposed for deletion from the
Procurement List:
Products
Refill, Ballpoint Pen
NSN: 7510–00–754–2689—Refill,
Ballpoint Pen.
NSN: 7510–00–543–6793—Refill,
Ballpoint Pen.
NPA: Industries for the Blind, Inc., West
Allis, WI.
Contracting Activity: Office Supplies &
Paper Products Acquisition Ctr,
New York, NY.
rmajette on PROD1PC67 with NOTICES1
Services
Service Type/Location: Custodial
Services, USDA, Animal and Plant
Health Inspection Service, (6901
West Sunrise Blvd), Plantation, FL.
NPA: Abilities, Inc. of Florida,
Clearwater, FL.
Contracting Activity: USDA, Animal &
Plant Health Inspection ServicePFQ, Minneapolis, MN.
Service Type/Location: Grounds
Maintenance, Marine Corps Air
Station, San Diego, CA.
NPA: The ARC of San Diego, San Diego,
CA.
Contracting Activity: Department of the
Navy.
Sheryl D. Kennerly,
Director, Information Management.
[FR Doc. E6–20363 Filed 11–30–06; 8:45 am]
BILLING CODE 6353–01–P
VerDate Aug<31>2005
13:50 Nov 30, 2006
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COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Procurement List; Additions and
Deletions
Committee for Purchase From
People Who Are Blind or Severely
Disabled.
ACTION: Additions to and Deletions from
Procurement List.
AGENCY:
SUMMARY: This action adds to the
Procurement List a service 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: January 7, 2007.
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 CMTEFedReg@jwod.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Additions
On September 29, 2006, the
Committee for Purchase From People
Who Are Blind or Severely Disabled
published notice (71 FR 57464 ) of
proposed additions 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.
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
services to the Government.
2. The action will result in
authorizing small entities to furnish the
services to the Government.
3. There are no known regulatory
alternatives which would accomplish
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Sfmt 4703
69539
the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in
connection with the services proposed
for addition to the Procurement List.
End of Certification
Accordingly, the following service is
added to the Procurement List:
Services
Service Type/Location: Full Food
Service, FBI & Drug Enforcement
Administration Training
Academies, Quantico, VA.
NPA: ServiceSource, Inc., Alexandria,
VA.
Contracting Activity: Federal Bureau of
Investigation, Dept of Justice,
Washington, DC.
Comments were received for the
above addition from an association
which represents State licensing
agencies for the Randolph-Sheppard
program (SLAs) and from the Virginia
SLA. The association stated that the
Committee’s proposal to add full food
service at the FBI and DEA training
academies in Quantico, VA to the
Procurement List is a violation of the
Randolph-Sheppard Act, 20 U.S.C. 107
et seq., which the association believes
establishes a ‘‘mandatory priority’’ for
blind vendors to provide food services
on Federal property.
The documentation submitted to the
Committee as a basis for this proposed
addition to the Procurement List
included a document from the FBI
which enclosed a statement from the
Virginia SLA indicating that the SLA
had reviewed the statement of work for
the food service and was ‘‘not interested
in submitting a proposal for these
operations.’’ The Committee’s program
is well known to the Virginia SLA and
the rest of the Randolph-Sheppard
community, and the FBI, the
Committee, and the other parties
involved in developing this proposed
addition to the Procurement List all
regarded the Virginia SLA’s statement as
a knowing waiver of the RandolphSheppard priority. Relying on this
waiver, the Committee’s nonprofit
community selected a nonprofit agency
to provide the food service. That
nonprofit agency has gone to
considerable trouble and expense to
prepare to provide the food service,
which will generate employment for a
substantial number of people with
severe disabilities.
In the Virginia SLA’s comment on the
proposed addition, the same State
official who earlier waived the
Randolph-Sheppard priority now says
that should the FBI offer to directly
negotiate a contract for the food service
with the SLA or publish a solicitation
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01DEN1
69540
Federal Register / Vol. 71, No. 231 / Friday, December 1, 2006 / Notices
for the food service, the SLA ‘‘may’’
exercise its right to respond. The State
official expressed surprise that the FBI
had not offered to negotiate or solicit a
contract after the SLA waived the
Randolph-Sheppard priority.
According to the SLA comment, the
FBI indicated that it considered the
SLA’s earlier waiver of its priority to be
final, which would explain why no
subsequent offer to negotiate or solicit
for the food service was forthcoming.
The Committee believes that allowing
the SLA to ignore its own priority
waiver at this late hour, when a capable
nonprofit agency is ready to create many
jobs by providing this food service and
the SLA has identified no blind vendor
ready and able to serve as an alternative
provider, could not have been the intent
of the Randolph-Sheppard Act. In the
absence of the Randolph-Sheppard
priority, the Committee sees no bar to
adding the food service to the
Procurement List.
Deletions
On September 29, 2006, the
Committee for Purchase From People
Who Are Blind or Severely Disabled
published notice (70 FR 57464; 57465)
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.
rmajette on PROD1PC67 with NOTICES1
End of Certification
Accordingly, the following services
are deleted from the Procurement List:
Services
Service Type/Location: Custodial
Services, Denver Federal Center
VerDate Aug<31>2005
13:50 Nov 30, 2006
Jkt 211001
(Buildings 41, 44, and 48), Denver,
CO.
NPA: Aspen Diversified Industries, Inc.,
Colorado Springs, CO.
Contracting Activity: GSA, PBS Region
8, Denver, CO.
Service Type/Location: Janitorial/
Custodial, Federal Records Center
and USDA Laboratory, East Point,
GA.
NPA: WORKTEC, Jonesboro, GA.
Contracting Activity: GSA, PBS.
Service Type/Location: Janitorial/
Grounds and Related Services,
Motor Pool Office and Garage, 450
N. Grande, Tucson, AZ.
NPA: Beacon Group SW, Inc., Tucson,
AZ.
Contracting Activity: GSA, PBS—
9PMFC, San Francisco, CA.
Service Type/Location: Repair of Small
Hand Tools, Robins Air Force Base,
Robins AFB, GA.
NPA: Epilepsy Association of Georgia,
Warner Robins, GA.
Contracting Activity: Department of the
Air Force.
Sheryl D. Kennerly,
Director, Information Management.
[FR Doc. E6–20364 Filed 11–30–06; 8:45 am]
BILLING CODE 6353–01–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges;
Data Physics Corporation, Data
Physics China, Data Physics China, Sri
Welaratna, Bill Chen
Data Physics Corporation, 2025 Gateway
Place, Suite 260, San Jose, California 95110.
Data Physics China, 1605B Westgate Tower,
1038 Nanjing Road West, Shanghai, P.R.
China 200041. Data Physics China, RM. 1509,
Building 2, Xinquduan Jiayan, No. 5
Changchunquia Road, Haidian District,
Beijing, P.R. China 100089. Sri Welaratna,
President, Data Physics Corporation, 2025
Gateway Place, Suite 260, San Jose,
California 95110. Bill Chen, Manager, AKA:
Yuequan Chen, Data Physics China, RM.
1509, Building 2, Xinquduan Jiayan, No. 5
Changchunquia Road, Haidian District,
Beijing, P.R. China 100089, Respondents.
Order Renewing Order Temporarily
Denying Export Privileges
Pursuant to section 766.24 of the
Export Administration Regulations
(‘‘EAR’’),1 I hereby grant the Bureau of
1 15 CFR Parts 730–774 (2006). The EAR are
issued under the Export Administration Act of
1979, as amended (50 U.S.C. app. 2401–2420
(2000)) (‘‘EAA’’). Since August 21, 2001, the EAA
has been in lapse and the President, through
Executive Order 13222 of August 17, 2001 (3 CFR,
2001 Comp. 783 (2002)), as extended most recently
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
Industry and Security’s request for
renewal of the Order Temporarily
Denying the Export Privileges of
Respondents, Data Physics Corporation,
Data Physics China (Shanghai and
Beijing Offices), Sri Welaratna and Bill
Chen for 180 days as I find that renewal
of the TDO is necessary in the public
interest to prevent an imminent
violation of the EAR.
I. Procedural History
On May 12, 2006, I signed an Order
Temporarily Denying the Export
Privileges of the Respondents for 180
days on the grounds that its issuance
was necessary in the public interest to
prevent an imminent violation of the
EAR (‘‘TDO’’). Pursuant to Section
766.24(a), the TDO was issued ex parte
and went into effect on May 23, 2006,
the date it was published in the Federal
Register. The TDO is valid through
November 19, 2006.
On October 13, 2006, the Bureau of
Industry and Security (‘‘BIS’’), through
its Office of Export Enforcement, filed a
written request for renewal of the TDO
against the Respondents for 180 days
and served a copy of its request on the
Respondents in accordance with Section
766.5 of the EAR. On November 6, 2006,
Data Physics Corporation, Data Physics
China (Shanghai and Beijing Offices)
and Sri Welaratna (collectively referred
to hereinafter as ‘‘Data Physics Group’’)
filed a written opposition to the request
for renewal of the TDO. The Data
Physics Group also requested the
production of documents and a hearing.
I approved Data Physics Group’s two
requests for production of documents as
good cause was shown and I ordered
that BIS produce the relevant
nonprivileged documents by 1 p.m. on
November 3, 2006. BIS served the Data
Physics Group with its responses in a
timely manner and a hearing on the
record was held on the request for
renewal on November 8, 2006 at the
U.S. Department of Commerce in
Washington, DC. BIS and the Data
Physics Group each presented oral
arguments.
II. Discussion
(A) Legal Standard
Pursuant to section 766.24(d)(3) of the
EAR, the sole issue in determining
whether to continue a TDO is whether
the TDO should be renewed to prevent
an imminent violation of the EAR. ‘‘A
violation may be ‘imminent’ either in
by the Notice of August 3, 2006 (71 FR 44,551,
(August 7, 2006)), has continued the EAR in effect
under the International Emergency Economic
Powers Act (50 U.S.C. 1701–1706 (2000))
(‘‘IEEPA’’).
E:\FR\FM\01DEN1.SGM
01DEN1
]]>Agencies
[Federal Register Volume 71, Number 231 (Friday, December 1, 2006)]
[Notices]
[Pages 69539-69540]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-20364]
-----------------------------------------------------------------------
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 Procurement List.
-----------------------------------------------------------------------
SUMMARY: This action adds to the Procurement List a service 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: January 7, 2007.
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 CMTEFedReg@jwod.gov.
SUPPLEMENTARY INFORMATION:
Additions
On September 29, 2006, the Committee for Purchase From People Who
Are Blind or Severely Disabled published notice (71 FR 57464 ) of
proposed additions 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.
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 services to the
Government.
2. The action will 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 proposed for addition to the
Procurement List.
End of Certification
Accordingly, the following service is added to the Procurement
List:
Services
Service Type/Location: Full Food Service, FBI & Drug Enforcement
Administration Training Academies, Quantico, VA.
NPA: ServiceSource, Inc., Alexandria, VA.
Contracting Activity: Federal Bureau of Investigation, Dept of Justice,
Washington, DC.
Comments were received for the above addition from an association
which represents State licensing agencies for the Randolph-Sheppard
program (SLAs) and from the Virginia SLA. The association stated that
the Committee's proposal to add full food service at the FBI and DEA
training academies in Quantico, VA to the Procurement List is a
violation of the Randolph-Sheppard Act, 20 U.S.C. 107 et seq., which
the association believes establishes a ``mandatory priority'' for blind
vendors to provide food services on Federal property.
The documentation submitted to the Committee as a basis for this
proposed addition to the Procurement List included a document from the
FBI which enclosed a statement from the Virginia SLA indicating that
the SLA had reviewed the statement of work for the food service and was
``not interested in submitting a proposal for these operations.'' The
Committee's program is well known to the Virginia SLA and the rest of
the Randolph-Sheppard community, and the FBI, the Committee, and the
other parties involved in developing this proposed addition to the
Procurement List all regarded the Virginia SLA's statement as a knowing
waiver of the Randolph-Sheppard priority. Relying on this waiver, the
Committee's nonprofit community selected a nonprofit agency to provide
the food service. That nonprofit agency has gone to considerable
trouble and expense to prepare to provide the food service, which will
generate employment for a substantial number of people with severe
disabilities.
In the Virginia SLA's comment on the proposed addition, the same
State official who earlier waived the Randolph-Sheppard priority now
says that should the FBI offer to directly negotiate a contract for the
food service with the SLA or publish a solicitation
[[Page 69540]]
for the food service, the SLA ``may'' exercise its right to respond.
The State official expressed surprise that the FBI had not offered to
negotiate or solicit a contract after the SLA waived the Randolph-
Sheppard priority.
According to the SLA comment, the FBI indicated that it considered
the SLA's earlier waiver of its priority to be final, which would
explain why no subsequent offer to negotiate or solicit for the food
service was forthcoming. The Committee believes that allowing the SLA
to ignore its own priority waiver at this late hour, when a capable
nonprofit agency is ready to create many jobs by providing this food
service and the SLA has identified no blind vendor ready and able to
serve as an alternative provider, could not have been the intent of the
Randolph-Sheppard Act. In the absence of the Randolph-Sheppard
priority, the Committee sees no bar to adding the food service to the
Procurement List.
Deletions
On September 29, 2006, the Committee for Purchase From People Who
Are Blind or Severely Disabled published notice (70 FR 57464; 57465) 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: Custodial Services, Denver Federal Center
(Buildings 41, 44, and 48), Denver, CO.
NPA: Aspen Diversified Industries, Inc., Colorado Springs, CO.
Contracting Activity: GSA, PBS Region 8, Denver, CO.
Service Type/Location: Janitorial/Custodial, Federal Records Center and
USDA Laboratory, East Point, GA.
NPA: WORKTEC, Jonesboro, GA.
Contracting Activity: GSA, PBS.
Service Type/Location: Janitorial/Grounds and Related Services, Motor
Pool Office and Garage, 450 N. Grande, Tucson, AZ.
NPA: Beacon Group SW, Inc., Tucson, AZ.
Contracting Activity: GSA, PBS--9PMFC, San Francisco, CA.
Service Type/Location: Repair of Small Hand Tools, Robins Air Force
Base, Robins AFB, GA.
NPA: Epilepsy Association of Georgia, Warner Robins, GA.
Contracting Activity: Department of the Air Force.
Sheryl D. Kennerly,
Director, Information Management.
[FR Doc. E6-20364 Filed 11-30-06; 8:45 am]
BILLING CODE 6353-01-P
