[Federal Register: December 1, 2006 (Volume 71, Number 231)]
[Notices]
[Page 69535-69538]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01de06-52]
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COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED
Clarification of Scope of Procurement List Additions; 2007
Commodities Procurement List
AGENCY: Committee for Purchase From People Who Are Blind or Severely
Disabled.
ACTION: Clarification of scope of the procurement preference and
sourcing requirements for commodities and other products on the
Procurement List; Publication of commodities and related products with
governmentwide
[[Page 69536]]
procurement preference (A List) as of January 1, 2007.
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SUMMARY: The Committee for Purchase From People Who Are Blind or
Severely Disabled (the Committee) is clarifying the scope of the
procurement preference and sourcing requirements for commodities and
other products on the Procurement List and publishing those which have
been identified as satisfying Governmentwide requirements and thus
subject to Governmentwide procurement preference for 2007. The full
list of products with Governmentwide procurement preference is posted
on http://www.jwod.gov. Changes to the list as published in the Federal
Register on April 28, 2006 (71 FR 25136-25143) are identified in this
notice.
DATES: The effective date for the 2007 A List is January 1, 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: Kimberly M. Zeich, Telephone: (703)
603-7740, Fax: (703) 603-0655, or e-mail Alist2007@jwod.gov.
SUPPLEMENTARY INFORMATION: The decentralized nature of today's Federal
acquisition environment requires the Committee to more specifically
consider and communicate the applicability of each Procurement List
addition, depending on the type of product and scope of the associated
requiring/contracting activities. There are effectively three
categories of products furnished under the auspices of the Javits-
Wagner-O'Day (JWOD) Program, each with a different level of procurement
source preference.
The first category (the A List) contains commodity-type products
that are commonly used in office and light industrial settings. These
products, when furnished by the JWOD Program, are widely available
through multiple Government and commercial distribution channels, and
are delivered to customers in timeframes consistent with industry best
practices. For most office supplies, this means on a next-day or two-
day basis. For oversize office products (e.g., chair mats), or
janitorial/sanitary products, delivery times may be three to five days
after receipt of order.
``A List'' products must be purchased by Federal employees whenever
they are available within required timeframes and quantities. JWOD-
authorized commercial distributors must stock the items, obtain them
from approved wholesalers or, to the extent permitted, coordinate
nonprofit agency shipments, to make A List items available for quick
delivery. Any ``essentially the same'' commercial equivalents to these
products, as determined by the Committee, are identified to the
Government and commercial distribution channels, and are excluded from
contract sales to Federal employees in accordance with the Committee's
regulations at 41 CFR 51-5.3(a). If a Federal customer orders an
equivalent item, JWOD-authorized distributors are required to
substitute and deliver the corresponding A List product instead. This
effectively gives JWOD purchasing preference to each of the A List
products across all entities of the Government, comparable to the Total
Government Requirement scope previously extended to certain general
Procurement List additions. A complete and updated copy of the A List
will be maintained on the Committee's Web site at http://www.jwod.gov/distributors
.
Examples of A List products include writing instruments, paper
pads, desktop accessories, and general purpose cleaner in retail-sized
bottles. The A List, previously updated annually in conjunction with
print catalog cycles, will be updated quarterly by the Committee staff
beginning April 1, 2007. Note: As with any proposed addition, new
products must first go through a notice and comment rulemaking process
and receive the Committee's approval to be added to the Procurement
List before being classified as or placed on the A List.
The second category (the B List) contains products that are not
used in volume in most offices, but have broad applicability across
multiple Federal agencies, and the demand for these items is aggregated
by the General Services Administration (GSA). As such, GSA is the JWOD
Program's responsible contracting activity for these items on behalf of
the rest of the Federal Government, just as GSA fulfills this role for
the A List items. However, given the B List items' less-than-universal
demand, particularly in terms of office use, the B List items are not
required to be available through all commercial distribution channels.
The B List items are available through the Federal Supply System, as
managed by GSA, and will be carried by authorized commercial
distributors who carry comparable commercial product families. The JWOD
purchasing preference extends to these items and applies to all
entities of the Government when such items meet customers' needs and
are available in the timeframe and quantities necessary.
Examples of B List items include inkjet large format paper and many
cleaning supplies such as mops, chemical cleaning solutions and floor
polishing pads. However, whether the commercial equivalents of such
items will be excluded from contract sales to Federal employees will be
decided by the Committee on a case-by-case analysis based on
distribution channel and availability. This effectively gives JWOD
purchasing preference to each of the B List products for the Broad
Government Requirement.
The third category (the C List) contains specialized or niche
products (i.e., adapted to a specific function or demand) that are most
often designed and manufactured to meet the needs of a single Federal
agency, or a group of customers with a unique requirement. These
products, when furnished under the JWOD Program, are sponsored by and
have procurement preference for the specific Federal agency or agencies
that defined the requirement. The JWOD procurement preference does not
apply to Federal agencies that are not identified on the Procurement
List documentation for such items. Generally, C List items are only
made available to Federal customers through the distribution channels
authorized by the requiring office. If Federal agencies whose
requirements are not specified on the Procurement List would like to
purchase C List items, they must refer their request to the sponsoring
contracting activity. Alternatively, Federal agencies may ask the
Committee to change the Procurement List in order to add their agency
as an additional contracting activity.
Examples of C List products include plastic mail trays added to the
Procurement List for the specific requirements of the U.S. Postal
Service, and tree marking paint sold by GSA for the exclusive use of
the U.S. Forest Service. C List items may be labeled and marketed in a
manner that associates them with the JWOD Program, but does not imply
purchasing preference for either the Total Government Requirement (A
List) or the Broad Government Requirement (B List).
In the future, when proposing to add a product to its Procurement
List, the Committee's notices published in the Federal Register will
identify the category group (A List, B List or C List) to which the
product has been assigned, and thus identify the intended scope of the
JWOD procurement preference.
Clerical corrections are hereby made to the following products and/
or producing nonprofit agencies proposed for the 2007 A List as
published in the
[[Page 69537]]
Federal Register Notice of April 28, 2006 (71 FR 25136-25143):
Nonprofit Agency: Susquehanna Association for the Blind and Visually
Impaired, Lancaster, PA
Incorrect Noun Name: SKILCRAFT SAVVY Unreal Stop Remover
Correct Noun Name: SKILCRAFT SAVVY Unreal Spot Remover
NSN: 7930-01-517-6194
Nonprofit Agency: Louisiana Association for the Blind, Shreveport,
LA
The following products are shared with Blind Industries &
Services of Maryland, Baltimore, MD; but were only listed under
BISM. The list should reflect Louisiana Association as an authorized
producer.
Noun Name: Pad, Writing Paper
NSN: 7530-00-239-8479
NSN: 7530-01-372-3109
NSN: 7530-00-285-3090
NSN: 7530-01-372-3108
NSN: 7530-01-516-7573
NSN: 7530-01-516-7574
NSN: 7530-01-516-7578
NSN: 7530-01-516-7581
Nonprofit Agency: L.C. Industries for the Blind, Inc., Durham, NC
The following products are not assigned to LCI and should not be
listed for this nonprofit agency. However, the NSNs remain on the A
List for Outlook, Nebraska.
Noun Name: Paper, Toilet Tissue
NSN: 8540-01-380-0690
NSN: 8540-00-530-3770
The following products proposed for the 2007 A List were not
approved for the January 1, 2007 effective date and thus do not have a
Total Government Requirement scope at this time. These items may be
considered by the Committee for the A List in the future.
The following items will be B List items:
NSN: 7045-01-365-2069
Disk, Flexible
NSN: 7045-01-442-1631
Disk, Flexible
NSN: 7045-01-470-3590
Greendisk
NSN: 7530-01-501-2688
Pad, Message, ``While You Were Out''
NSN: 7530-00-NIB-0549
Folder, Classification
NSN: 7530-00-NIB-0551
Folder, Classification
NSN: 7520-00-NIB-1461
Pen, Gel Ink, Aristocrat (Black Ink)
NSN: 7530-00-NIB-0673
Folder, Classification, Pressboard--Legal Size--1 Divider/4
Part--Red
NSN: 7530-00-NIB-0679
Folder, Classification, Pressboard--Letter Size--2 Divider/6
Part--Gray/Green
NSN: 7510-00-NIB-0633
Skilcraft Toner Cartridge
NSN: 7510-00-NIB-0641
Skilcraft Toner Cartridge
NSN: 7510-00-NIB-0642
Skilcraft Toner Cartridge
NSN: 7510-00-NIB-0644
Skilcraft Toner Cartridge
NSN: 7530-00-NIB-0660
CD/DVD Label Kit
NSN: 7530-00-NIB-0688
CD/DVD Refills
NSN: 7530-01-463-3908
Envelope, Inter-Departmental
NSN: 7530-01-463-3910
Envelope, Inter-Departmental
NSN: 8110-01-443-8476
Tube, Mailing and Filing
NSN: 8115-01-455-4036
Box, Storage, File
NSN: 8115-01-455-4038
Box, Storage, File
NSN: 8460-01-433-8398
Briefcase, Black
NSN: 7510-01-431-6236
Binder, Loose-leaf
NSN: 7510-01-431-6244
Binder, Loose-leaf
NSN: 7510-01-431-6521
Inking Pad, Rubber Stamp
NSN: 7510-01-435-9775
Inking Pad
NSN: 7510-01-435-9776
Inking Pad
NSN: 7510-01-467-6738
Clip, Paper
NSN: 7520-01-431-6240
Perforator, Paper, Desk, 3-Hole, Heavy-Duty, Black
NSN: 7520-01-431-6251
Perforator, Paper, Desk, 3-Hole, Heavy-Duty, Black
NSN: 7520-01-457-0719
File, Horizontal Desk
NSN: 7520-01-457-0721
File, Horizontal Desk
NSN: 7520-01-457-0723
File, Horizontal Desk
NSN: 7520-01-457-0724
File, Horizontal Desk
NSN: 7520-01-457-0725
File, Horizontal Desk
NSN: 7520-01-457-0726
File, Horizontal Desk
NSN: 6545-01-433-8399
Kit, First Aid
The following item will remain as a proposed addition:
8455-00-NIB-0012
Retractable ID Badge Holder
Comments
Comments on this clarification of scope as published in the Federal
Register on April 28, 2006 (71 FR 25136-25143) were received from 14
persons or organizations, 11 of which are nonprofit agencies
participating in the JWOD Program. The nonprofit agencies comments
consistently stated their general support for the timely addition of
products to the Procurement List maintained by the Committee,
characterizing it as critical to their success in generating and
maintaining employment for people who are blind. Several also
recommended the Committee's approval of specific products manufactured
by their agencies that are included on the A List proposed in the
Federal Register of April 28, 2006 (71 FR 25136-25143).
Combined comments were received from the Central Nonprofit Agencies
designated to work with JWOD-participating nonprofit agencies. These
comments included de minimis clerical changes to a few of the published
A List products or associated nonprofit agencies, and requests that
several additional items be added to the 2007 A List which were not
included in the initial publication in the Federal Register. The
current notice includes the clerical changes recommended. However, none
of the newly suggested additional products or NSNs were added to the
January 1, 2007 A List because the public was not provided an
opportunity to comment. Instead, these items may be considered for
future A List designation.
Two commenters from the above groups recommended that in the
future, the Committee should only subject brand new items being
proposed for Procurement List addition to the public notification
process through the Federal Register, as the existing items have
already been determined suitable by the Committee and are on the
Procurement List via previous final rules. The Committee believes it is
in the best interest of the JWOD Program and the public to give the
maximum practicable visibility to the complete A List, which will have
a total Government purchasing preference, and intends to continue
publishing the A List in the Federal Register in its entirety, at least
annually, for the foreseeable future.
Several comments received related to the B List as described in the
initial publication. The purpose of the notice was to clarify the A
List for the JWOD Program; however, distinction from the B List was a
necessary part of the A List definition. The Committee has adopted some
recommendations to better distinguish the B List from the A List, and
in making such distinctions, the Committee has described a ``C List''
of products, as well. The current notice includes a parenthetical
definition of the term ``niche,'' as recommended. The Committee has
clarified that B List items, and now C List items, may be labeled and
marketed in a manner that associates them with the JWOD Program, but
does not imply purchasing preference for the total Government
requirement. The C List incorporates the R List for restricted items
that was described in the earlier notice.
One commenter recommended that the Committee provide more
descriptive information for the B List items, including size, color, or
unit of issue, to better enable resellers or manufacturers to determine
whether the addition of items to the B List would have a severe
[[Page 69538]]
adverse impact on their business. Another commenter recommended that
the Committee abolish the B List and allow those products to be sold to
the Federal Government by small businesses. As noted above, the purpose
of the proposed policy is to clarify the A List. While the Committee is
not considering substantive changes to the B List at this time, it may
further clarify the B List in the future and will consider any
recommendations (past or future) for the improvement of the B List.
One commenter from the reseller community requested the Committee's
review and suspension of nine NSNs from the 2007 A List, which it
states were still under contract when added to the Procurement List in
2005. The commenter claimed that these nine items were subsequently
improperly purchased by GSA. The Committee investigated this concern
and received documentation from GSA showing that each of the products'
commercial contracts had expired before the Procurement List effective
date and placement of initial orders under the auspices of the JWOD
Program. This commenter also addressed the Committee's policy regarding
commercial products that are ``essentially the same'' as JWOD preferred
products. The Committee notes that the ``essentially the same'' policy
is on its 2007 Regulatory Agenda, and comments will be solicited
regarding that rule in the Federal Register at that time.
Comments were received from an industry association representing
manufacturers and resellers of office supplies. In addition to
addressing the B List as discussed above, this commenter requested that
the Committee make public its impact analysis conducted on the current
contractors for products that are proposed for addition to the
Procurement List. The Committee does not believe such disclosure would
be appropriate. Consistent with the Freedom of Information Act (FOIA),
Exemption 4, 5 U.S.C. Sec. 552(b)(4), the sales data obtained by the
Committee and calculations based on such data are privileged,
confidential commercial/financial information which is exempt from
disclosure. Not only is this information submitted to the Committee in
confidence, but its release would cause substantial harm to those
organizations' respective competitive positions by affording their
competitors information which could be used to the organizations'
commercial disadvantage.
This commenter recommended that the Committee consider the impact
of its actions on the small business community and that it specifically
consider impact on manufacturers as well as contract resellers. The
Committee has and will continue to consider the impact of every
Procurement List addition action on current contracts, as required by
its regulatory suitability criteria. Based on substantial research, the
Committee finds that the Federal Government spends approximately 5
percent of the amount spent for similar office products commercially.
For cleaning products, this percentage drops to 2.4% of the commercial
expenditure. Therefore, the maximum total market impact would be 5% or
less on any given item, assuming a distributor or manufacturer had all
of the Federal business and that the JWOD product subsequently captured
all of that business. It is also noted that the Committee deletes
products from the Procurement List as well as adding them. Further,
authorized JWOD distributors can switch from offering the existing
commercial products to selling the JWOD products, thereby keeping their
revenue stream steady. The Committee's impact process has historically
focused on the firm that has privity of contract with the Federal
Government, rather than that firm's suppliers, who can be and are often
changed at any time for a variety of business considerations.
Patrick Rowe,
Deputy Executive Director.
[FR Doc. E6-20328 Filed 11-30-06; 8:45 am]
BILLING CODE 6353-01-P