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Federal Register / Vol. 65, No.

91 / Wednesday, May 10, 2000 / Notices 30093

Dated: May 4, 2000. FOR FURTHER INFORMATION: A copy of the make the selection for the Fort
L.M. Bynum, full text of the arbitration panel decision McClellan vending facility. Following
Alternate, OSD Federal Liaison Officer, may be obtained from George F. the selection committee’s evaluation,
Department of Defense. Arsnow, U.S. Department of Education, they unanimously awarded the Fort
[FR Doc. 00–11602 Filed 5–9–00; 8:45 am] 400 Maryland Avenue, SW., room 3230, McClellan location to another vendor.
BILLING CODE 5001–10–M Mary E. Switzer Building, Washington The decision to award the location to
DC 20202–2738. Telephone: (202) 205– another vendor rather than complainant
9317. If you use a telecommunications was based upon the successful vendor
DEPARTMENT OF DEFENSE device for the deaf (TDD), you may call receiving the highest total number of
the TDD number at (202) 205–8298. points of any applicant, including
The Joint Staff; National Defense Individuals with disabilities may additional points for seniority.
University (NDU), Board of Visitors obtain this document in an alternate Mr. Waldie was informed of the SLA’s
(BOV); Meeting format (e.g., Braille, large print, decision to award the bid to another
audiotape, or computer diskette) on vendor for the Fort McClellan vending
AGENCY: National Defense University. facility. Complainant requested that the
request to the contact person listed in
ACTION: Notice of meeting. the preceding paragraph. SLA convene a full evidentiary hearing
on this matter, which was held on
SUMMARY: The President, National Electronic Access to This Document January 2, 1997.
Defense University has scheduled a You may view this document, as well Following the hearing, the hearing
meeting of the Board of Visitors. as all other Department of Education officer affirmed the selection
DATES: The meeting will be held documents published in the Federal committee’s decision to award the Fort
between 1230–1530 on June 23, 2000. Register, in text or Adobe Portable McClellan bid to the other vendor, and
ADDRESSES: The meeting will be held in Document Format (PDF) on the Internet the SLA adopted the hearing officer’s
Room 155B, Marshall Hall, Building 62, at either of the following sites: decision as final agency action. It is this
Fort Lesley J. McNair, Washington, D.C. http://ocfo.ed.gov/fedreg.htm decision that complainant sought to
FOR FURTHER INFORMATION CONTACT: http://www.ed.gov/news.html have reviewed by a Federal arbitration
Director, University Operations, To use the PDF you must have the panel. An arbitration panel heard this
National Defense University Fort Lesley Adobe Acrobat Reader, which is matter on November 16, 1998,
J. McNair, Washington, D.C. 20319– available free at either of the previous concerning the merits of the case and on
6000. To reserve space, interested sites. If you have questions about using May 26, 1999, regarding the remedy
persons should phone (202) 685–3937. the PDF, call the U.S. Government given to Mr. Waldie.
Printing Office (GPO), toll free, at 1–
SUPPLEMENTARY INFORMATION: The Arbitration Panel Decision
888–293–6498; or in the Washington,
agenda will include present and future DC, area at (202) 512–1530. The issue before the arbitration panel
educational and research plans for the was whether the Alabama Department
Note: The official version of this document
National Defense University and its is the document published in the Federal of Rehabilitation Services violated the
components. The meeting is open to the Register. Free Internet access to the official policies and procedures governing the
public, but the limited space available edition of the Federal Register and the Code Business Enterprise Program of Alabama
for observers will be allocated on a first of Federal Regulations is available on GPO during the selection of a vendor/
come, first served basis. Access at: http://www.access.gpo.gov/nara/ manager for the Fort McClellan,
index.html Anniston, Alabama facility pursuant to
Dated: May 4, 2000.
L.M. Bynum, SUPPLEMENTARY INFORMATION: Pursuant the Act (20 U.S.C. 107 et seq.) and the
Alternate OSD Federal Register Liaison to the Randolph-Sheppard Act (20 implementing regulations (34 CFR part
Officer, Department of Defense. U.S.C. 107d–2(c)) (the Act), the 395).
[FR Doc. 00–11603 Filed 5–9–00; 8:45 am] Secretary publishes in the Federal In ruling on the merits of the case, a
Register a synopsis of each arbitration majority of the panel determined that
BILLING CODE 5001–10–M
panel decision affecting the the successful bidder should have been
administration of vending facilities on disqualified since that vendor did not
Federal and other property. fulfill the training requirements for
DEPARTMENT OF EDUCATION managing a full food service operation
Background such as the Fort McClellan vending
Arbitration Panel Decision Under the
This dispute concerns the alleged facility. In reaching that conclusion, the
Randolph-Sheppard Act
improper denial by the Alabama majority of the panel noted that the SLA
AGENCY: Department of Education. Department of Rehabilitation Services, had sponsored a special 18-week
ACTION:Notice of Arbitration Panel the State licensing agency (SLA), of Mr. program dedicated solely to cafeteria
Decision Under the Randolph-Sheppard James E. Waldie’s request to bid on a operations and had stated that specific
Act. full food service vending facility at Fort cafeteria training was a prerequisite for
McClellan, Anniston, Alabama. A any individual to be selected for a
SUMMARY: Notice is hereby given that on summary of the facts is as follows: In cafeteria facility under the Business
March 16,1999, and August 13, 1999, an April 1996, the SLA informed licensed Enterprise Program.
arbitration panel rendered decisions on blind vendors of an opportunity to The majority of the panel further
both merit and remedy in the matter of manage a full food service vending noted that Mr. Waldie had completed
James E. Waldie v. Alabama facility at Fort McClellan, Anniston, this training while the successful bidder
Department of Rehabilitation Services Alabama. Twelve persons bid on the for the Fort McClellan vending facility
(Docket No. R–S/97–13). This panel was Fort McClellan vending facility had never taken this or similar cafeteria
convened by the U.S. Department of including Mr. James E. Waldie. On April training. The majority of the panel
Education pursuant to 20 U.S.C. 107d– 23, 1996, the selection committee, concluded that, since the full food
1(a) upon receipt of a complaint filed by which included members of the Elected service operation at Fort McClellan was
petitioner, James E. Waldie. Committee of Blind Vendors, met to the equivalent of a cafeteria, the

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30094 Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Notices

successful bidder should have been maximum), must be submitted by 3:00 of various DOE and contractor occupied
disqualified for lack of training. p.m. MST on Wednesday, July 12, 2000. buildings as Off-Limits Areas. The
Similarly the panel ruled that the ADDRESSES: Applications should be locations are in Idaho Falls, Idaho, and
successful bidder lacked food submitted to: Elizabeth Dahl, Contract various DOE vehicle/bus parking lots,
preparation experience and, therefore, Specialist, Procurement Services which are located in Idaho Falls,
did not meet the experience Division, U.S. Department of Energy, Blackfoot, Mackay, Rexburg, Rigby,
requirements for managing a full food Idaho Operations Office, 850 Energy Highway 20 and Shelley New Sweden
service operation. Drive, Mail Stop 1221, Idaho Falls, Road, and Pocatello. In accordance with
One panel member dissented. Idaho 83401–1563. 10 CFR Part 860, it is a federal crime
In ruling on the question of remedy, FOR FURTHER INFORMATION CONTACT: under 42 U.S.C. 2278a for unauthorized
a majority of the panel determined that Elizabeth Dahl, Contract Specialist at persons to enter into or upon these
Mr. Waldie did not prove under the dahlee@id.doe.gov, facsimile at (208) Idaho Operations Office properties and
facts of the case that he was entitled to 526–5548, or by telephone at (208) 526– facilities. If unauthorized entry into or
damages. The panel ruled that had the 7214. upon these properties is into an area
successful bidder been disqualified, enclosed by a fence, wall, floor, roof or
SUPPLEMENTARY INFORMATION:
there was another individual with a other such standard barrier, conviction
Approximately $3,000,000 in combined
higher score than Mr. Waldie who for such unauthorized entry may result
fiscal year 2000 and 2001 federal funds
would have been chosen as the in a fine of not more than $100,000 or
is expected to be available to totally
successful bidder for the Fort McClellan imprisonment for not more than one
fund the first year of selected research
food service operation. The panel noted year or both. If unauthorized entry into
efforts. DOE anticipates making four to
both the Eleventh Amendment and the or upon the properties is into an area
six awards each with a duration of four
Eleventh Circuit Court of Appeals not enclosed by a fence, wall, floor, roof,
years or less. This solicitation is
decision in Georgia Department of or other such standard barrier,
requiring 50% cost share to ensure
Human Resources v. Nash 915 F.2d conviction for such unauthorized entry
industrial involvement in each of the
1482 (11th Cir. 1990) barring the award may result in a fine of not more than
proposals and to ensure that the novel,
of damages. $5,000.
energy efficient processes developed by
One panel member dissented.
this R&D program will be fully EFFECTIVE DATE: May 10, 2000.
The views and opinions expressed by
implemented by industry. There will be FOR FURTHER INFORMATION CONTACT: Jo
the panel do not necessarily represent
no waivers of this cost share Ann Williams, Office of General
the views and opinions of the U.S.
requirement. Multi-partner Counsel, 1000 Independence Avenue,
Department of Education.
collaborations between industry, SW., Washington, DC 20585, (202) 586–
Dated: May 4, 2000. university, and National Laboratory 6975, or M.M. McKnight, Office of Chief
Judith E. Heumann, participants are encouraged. The Counsel, Idaho Operations Office, 850
Assistant Secretary for Special Education and issuance date of Solicitation Number Energy Drive Place, Idaho Falls, Idaho
Rehabilitative Services. DE–PS07–00ID13914 is on or about May 83401, (208) 526–0275.
[FR Doc. 00–11593 Filed 5–9–00; 8:45 am] 8, 2000. The solicitation is available in
its full text via the Internet at the SUPPLEMENTARY INFORMATION: The
BILLING CODE 4000–01–P
following address: http:// Department of Energy (DOE), successor
www.id.doe.gov/doeid/PSD/proc- agency to the Atomic Energy
div.html. The statutory authority for this Commission (AEC), is authorized,
DEPARTMENT OF ENERGY
program is the Federal Non-Nuclear pursuant to § 229 of the Atomic Energy
Idaho Operations Office; Notice of Energy Research and Development Act Act of 1954, as amended (42 U.S.C.
Availability of Solicitation for Awards of 1974 (Public Law 93–577). The 2278a), and § 104 of the Energy
of Financial Assistance Catalog of Federal Domestic Assistance Reorganization Act of 1974 (42 U.S.C.
(CFDA) Number for this program is 5814), as implemented by 10 CFR Part
AGENCY: Idaho Operations Office, DOE. 81.086. 860, published in the Federal Register
ACTION: Notice of availability of on September 14, 1993 (58 FR 47984–
Issued in Idaho Falls on May 3, 2000.
solicitation—Aluminum Visions of the 47985), and § 301 of the Department of
R.J. Hoyles, Energy Organization Act (42 U.S.C.
Future.
Director, Procurement Services Division. 7151), to prohibit unauthorized entry
SUMMARY: The U.S. Department of [FR Doc. 00–11728 Filed 5–9–00; 8:45 am] and the unauthorized introduction of
Energy (DOE) Idaho Operations Office BILLING CODE 6450–01–P weapons or dangerous materials into or
(ID) is seeking applications for cost- upon any DOE facility, installation or
shared research and development of real property. By notices dated August
technologies which will reduce energy DEPARTMENT OF ENERGY 5, 1988, (53 FR 29512), January 23, 1987
consumption, reduce environmental (52 FR 2580), and November 1, 1983 (48
impacts and enhance economic Idaho Operations Office, Trespassing FR 50390), DOE prohibited
competitiveness of the domestic On DOE Property: Idaho Operations unauthorized entry into or upon the
aluminum industry. The research is to Office Properties Idaho National Engineering Laboratory
address research priorities identified by AGENCY: Idaho Operations Office, (now the Idaho National Engineering
the aluminum industry in the Department of Energy. and Environmental Laboratory, or
Aluminum Industry Technology INEEL), and various DOE and contractor
ACTION: Notice of designation of Idaho
Roadmap and the Inert Anode occupied facilities, including the
operations office properties and
Roadmap, (available at the following Willow Creek Building and the DOE
facilities as off-limits areas.
URL: http://www.oit.doe.gov/ Headquarters Building. This notice
aluminum/alindust.shtml). SUMMARY: The Department of Energy includes DOE Vehicles and Bus Parking
DATES: The Standard Form 424, and the (DOE) hereby amends and adds to the Facilities located in Idaho Falls, Arco,
technical application (20 page previously published site descriptions on Highway 20, Bonneville County,

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