Randolph-Sheppard Vendors of America Blind Businessmen and Businesswomen Building a Better America!

A LEGISLATIVE REVIEW…

Catriona Macdonald of the Blind Entrepreneurs Alliance (BEA) recently provided the June and July 2007 national legislative updates, which basically informed all participants, “No news is good news!”

There is small business legislation moving in Congress with House Bill 1873, which is planned to improve the federal government’s performance in meeting its small business contracting goals.  The BEA is working with the Senate Small Business Committee to determine how this will affect Randolph-Sheppard contracts, as well as attempt to give RS contracts the same exempt status as JWOD contracts. 

The House Armed Services Committee has already made its reauthorization Bill, but the Department of Education is still working on its draft regulations for review.  The BEA has received many inquiries asking why states or vendors with no military contracts should be concerned about the expected Joint Committee Report or the fate of military contracts.  The answer is that there is no justification under the Randolph-Sheppard Act for contracts in one federal agency to be governed by one set of rules while others are subject to a different set of standards.  “It is very likely that, if the Joint Committee succeeds, Randolph-Sheppard contracts in GSA, the Post Office, and other agencies will be jeopardized.” 

Recently, Senate HELP Committee Chairman Kennedy and Committee Member Senator Roberts introduced legislation creating incentives in federal contracting for companies that hire individuals with severe disabilities.  Last year, the effort to create new opportunities for people with disabilities seemed to focus on opening up the Randolph-Sheppard Act.  The BEA reps feel that while we haven’t seen the last of attempts to open the Act to persons who are not blind, we should be glad to see this HELP proposal take a different direction. 

BEA policy advisors Catriona Macdonald and Ron Oxley negotiated an agreement with the GAO to protect the confidentiality of vendor earnings requested by the GAO for its Congressionally mandated evaluation of military dining contracts.  The review of 37 out of 39 contracts was submitted to the NCSAB, protected by confidentiality agreements, and will be destroyed when the GAO has completed its work.  This report will be submitted to Congress in October 2007.  Kudos to the BEA for negotiating this important agreement!

The Department of Defense Inspector General’s office has also completed its collection of information about the Randolph-Sheppard program, including conducting site visits of JWOD and Randolph-Sheppard contracts on the West Coast, Midwest, and East Coast.  They are now drafting their recommendations, which will undergo an internal review and be submitted to Congress in October 2007. 

The BEA is preparing for release of the GAO and Inspector General’s reports this Fall by scheduling meetings between blind vendors and Congressional offices in August and September.  If your State is represented by a Member of Congress who sits on one of the key committees, the BEA may request your assistance in providing information to your Representatives or Senators. 

Several states have again faced legislation regarding privatization of roadside rest areas and/or the Oasis program.  Indiana vendors have put up a vigorous fight.
California was again able to “squelch” another attempt for privatization at the “Hearing” stage, but they are still concerned because the proposed bill has a two-year time limit to present itself again.  RSVA recognizes the ongoing/upcoming problems set forth with the Oasis program and rest area privatization issues and the Ad Hoc Committee with Chairman Roy Harmon will soon prepare a legislative agenda to support vendors throughout the nation. 

In the Spring issue of The Vendorscope, the court case involving the Hawaii vendors was discussed at length.  At that time, they were waiting for the Supreme Court to agree to hear the case.  The Supreme Court has decided not to hear the case.  The Hawaiian vendors have decided to write a position letter stating how the Supreme Court decision should not stand and they plan to give the position paper to a Senate legislator who is a very sharp attorney.  They will await the attorney’s response.  There is also serious consideration to file Federal arbitration to resolve this issue.