[il-talk] FW: February/March National Federation of the Blind Entrepreneur Initiative Blitz

Mon Apr 7 00:44:26 UTC 2014

This is what's happening in the vendors world.  Please take a few minutes to
read the February- March edition of the NFBEI Blitz.

Thank You

From: Kevan Worley [mailto:kevanworley at blindmerchants.org] 
Sent: Friday, April 04, 2014 1:10 PM
To: Undisclosed recipients:
Subject: February/March National Federation of the Blind Entrepreneur
Initiative Blitz

Greetings colleagues,

Below, and attached, you will find our Blitz newsletter for February-March.
I believe you will see that the work we are doing is compelling, important
work. We urge everyone to get the Blitz! Read the Blitz! And then share the
Blitz! with all of our friends and colleagues. I feel confident that you
will agree with me that the work of Terry Smith, NFBEI, Business Opportunity
Specialist, and the entire support team is essential for the protection and
expansion of meaningful business opportunities for blind and visually
impaired Americans. The content below was developed and written by Terry,
any errors in punctuation, spelling, and grammar are mine, not Terry's.
Enjoy! 

The NFBEI Blitz

February, 2014 - March, 2014

As I sit and write this, the latest issue of The Blitz, I look out my window
and I see blooming Bradford Pear and cherry trees.  Spring has sprung and
hopefully the coldest and snowiest winter in recent memory is behind us.  I
know our friends on the East Coast join in that hope as I know they are
tired of digging out of one snow after another.  For Randolph-Sheppard, the
winter months were not a time for hibernation.  As this rendition of The
Blitz will show, the freezing temperatures did not cool Randolph-Sheppard
activity.  There is much to report on things that have been happening and
the activities of your NFBEI.  So, let's get on with it.  

Back to the Future - VA Issues New Policy Directive - After much effort by
the NFBEI with assistance from NCSAB, the Department of Veterans Affairs
issued a new Randolph-Sheppard policy directive.  To say the directive was
disappointing would be a gross understatement. The PD simply restates the
law and does nothing to reconcile the conflict between the Randolph-Sheppard
priority and the Veterans Canteen Service.  The directive does tell us who
at the VA is responsible for what in regards to Randolph-Sheppard but other
than that there is virtually no change from the previous directive.   If
anything, the directive is worse because it emphasizes that the VA has no
obligation to Randolph-Sheppard if there are fewer than 100 employees and/or
15,000 square feet.  The saddest part of all is that even though the policy
directive makes it clear that the Randolph-Sheppard priority applies to VA
facilities, we've seen no inclination on the part of the VA to comply with
its own directive.  We continue to talk with the VA and have a follow up
meeting in the works.  We are also still discussing the matter with RSA and
our political contacts.  We continue to advocate and have other strategies
in the planning stages.  We will keep you posted.  In the meantime, if
anyone wants to see the policy directive in question, we will be happy to
send it to them.  We sent it out to all of the BEP Directors but sometimes
things get lost.  

Kentucky Hits Homerun at Fort Campbell - If you are a regular reader of The
Blitz, you were aware that the Kentucky SLA and the Department of the Army
were involved in a federal arbitration case involving a food service
contract at Fort Campbell.  The SLA had the contract but the scope of work
changed and no longer required cooking.  The Army issued a solicitation for
the contract without a Randolph-Sheppard priority.  The SLA, to its great
credit, filed for arbitration.  The state was smart to select Susan Gashel,
who also serves as general counsel for the National Association of Blind
Merchants, as its member on the panel. Randolph-Sheppard legal subject
matter expert Peter Nolan, Esq. was called as an expert witness.  It proved
to be a deadly 1-2 punch as the panel majority concluded that the Army erred
in issuing the solicitation without the Randolph-Sheppard priority.  The
panel concluded much to our delight that the priority does in fact apply to
food services other than just full food or what is commonly referred to as
dining facility attendant (DFA) services.  Although the decision was a
welcome development in the debate over what constitutes a cafeteria, we
recognize that arbitration decisions do not have precedential weight in
terms of how other arbitration panels might rule on similar cases.  But one
can reason that other arbitration panels will give serious consideration to
the logic applied in the Fort Campbell case.  We will probably soon find out
as the same issue may soon be arbitrated by Florida (Tyndall AFB), Arizona
(Luke AFB), and Georgia (Fort Stewart).  The NFBEI is strongly encouraging
states to challenge any solicitation for DFA services that do not include
the Randolph-Sheppard priority and we are working closely with those states.
We also strongly encourage states to be sure to appoint someone
knowledgeable about troop dining and the Randolph-Sheppard Program as the
panel member and spend the necessary funds to bring in expert witnesses who
can help make their case.  It worked in Kentucky. For a list of recognized
subject matter experts feel free to be in contact with us. 

AbilityOne Conversations Producing Collaborative Effort - In February, we
had another meeting with AbilityOne.  One of the winter's many snowstorms
forced us to meet by telephone but it was a productive meeting nonetheless.
The discussions did not include any examination of the dispute between
Randolph-Sheppard and the JWOD Program.  Rather it focused on ways the two
programs can collaborate on other initiatives and progress was made in that
regard.  NCSAB is playing a critical role in these discussions and we are
optimistic that more progress lies ahead.  Let us emphasize that we are in
no way abandoning JWOD debate.  Our position remains a strong as ever.  But
we have moved those discussions to other arenas where the potential for
successful resolution is greater.  We are committed to a process that will
allow both Randolph-Sheppard and JWOD to thrive.       

Hadley Partnership Launch is a Huge Success -In the last issue of The Blitz,
we announced the new partnership with Hadley School for the Blind.  Blind
entrepreneurs can take selected courses at Hadley and earn a designation as
an Entrepreneur of Excellence from NABM.  We are excited that 32 blind
entrepreneurs have enrolled in the program.  We are also conducting
Randolph-Sheppard on the Web webinars every other month.  These webinars
discuss important topics of interest to blind entrepreneurs.  Our first
webinar in February was on Social Security Disability Insurance and the
special rules that apply to Randolph-Sheppard vendors.  Over 60 people
registered for this webinar which exceeded even our expectations and the
feedback we've received has been outstanding.  We have followed and assisted
several entrepreneurs who followed up with us after the webinar.  Our next
webinar will be the afternoon of April 22 and will feature a discussion of
micro markets.  These micro markets are taking the country by storm and
Randolph-Sheppard needs to be part of the trend.  Please log in and
participate.  BEP staff is welcome and encouraged to participate in these
webinars. Hadley archives all of these webinars, so if you can't participate
live you can still go in and listen.  To learn more about this partnership
and to enroll visit  <http://www.hadley.edu/nabm> www.hadley.edu/nabm.   

Be on the Watch for the Transportation Bill - From what we are hearing, we
may see the Surface Transportation Act Reauthorization come out as early as
April.  There is an effort underway to bring forward a bi-partisan bill that
needs to pass before October 1st.  We continue to work with NCSAB and other
stakeholders to monitor the situation.  At this point, we have no reason to
believe that the bill will include any provisions related to commercializing
the interstate rest areas.  However, we must remain vigilant and we will
pass on any information that we get on the introduction of the bill and its
contents.  

More Rest Area News - It seems there is a good deal of news involving the
interstate rest areas.  We want to keep you posted on developments in these
states.  

Competition from Non-Profits -    We continue to hear that blind
entrepreneurs who operate vending at interstate rest areas are experiencing
competition from non-profit organizations to a greater degree than ever
before. These non-profits are setting up and providing items to the
traveling public at no cost but accepting donations instead.  We have
brought this problem to the attention of the Federal Highway Administration
(FHWA) and have a written reply from them basically indicating there is
nothing in the law that prohibits such activities.  We do not necessarily
agree and a meeting is being planned to explore this problem in more detail.
We acknowledge that the law allows coffee to be given away but we see no
authority for non-profits to offer anything other than coffee.  Giving away
bottled water, soft drinks, and even snacks in exchange for a donation goes
far beyond what we believe is allowable under the law.  If your state is
experiencing such competition, I need to know about it.  Please let me know.

California Vendors Introduce Legislation - The blind entrepreneurs at
California's rest stops have been successful in getting legislation
introduced to forbid the California Department of Transportation (CALTRAN)
from charging the blind entrepreneurs for utilities.  CALTRAN is in the
process of requiring that meters be installed at the vending shelters and
the blind entrepreneurs pay for electricity.  This will literally force some
blind entrepreneurs out of business.  The NFBEI provided significant
technical assistance in the drafting of the bill. We sent a letter to each
member of the Transportation Committee urging passing of the bill. Each
member of the Transportation Committee also received a call from the NABM
office. The bill has support from the California consumer organizations. The
bill passed unanimously in its first committee.  We believe state law now
forbids the requirement that blind entrepreneurs pay for utilities but both
CALTRAN and the Department of Rehabilitation apparently disagree.  This bill
will treat rest area entrepreneurs the same as all other Randolph-Sheppard
vendors on state property who are not required to pay utilities.  

Ohio Pursues Lottery - The Ohio SLA is looking at the first known BEP to
offer lottery tickets at their interstate rest areas.  When the Surface
Transportation Act was reauthorized in 2012, we were successful in getting
language included in the bill that grants a priority to blind vendors to
operate lottery machines at the rest areas.  To our knowledge, Ohio will be
the first SLA to take advantage of this provision.  If I am wrong and
another state is already selling lottery tickets, please let me know.  

Rest Areas: State or Federal? -    In recent months, the question has come
up in a few states as to whether rest areas are on state or federal
property.  This is an important distinction because different rules apply.
Just to clarify, interstate rest areas are on state property; therefore, the
federal regulations on how these funds are to be used do not apply.  Use of
these funds is governed by state rules and regulations.  There is nothing
that prevents a state from treating the funds the same as federal.  How to
use these funds is something that should be jointly determined by the Agency
and Elected Committee of Blind Vendors.    

Vending Labeling Requirements Delayed - The FDA has announced a delay in the
regulations requiring labeling of caloric content in restaurants and vending
machines.  The requirement was included as a provision in the Affordable
Care Act.  Final rules were expected in early 2014 but will now be delayed
until at least the end of the year.  The FDA received many comments on the
proposed rules and is still working through those comments and considering
changes.  The National Association of Blind Merchants did submit comments.
Once issued, the requirement will apply to all Randolph-Sheppard snack bars
and to vending machines.  There is expected to be an exception made for
vending machine operators who own and service fewer than 20 vending machines
but we can't say that with absolute certainty until the final rules are
issued.    

Another Possible Multi-State Opportunity - GSA has issued a solicitation for
cafeteria service at Federal Trade Commission sites in both Virginia and the
District of Columbia.  The solicitation recognizes the Randolph-Sheppard
priority which is a positive thing.  The key is how to bid on a contract
that crosses state lines.  We have reported in past issues of The Blitz that
South Carolina is pursuing a bid that covers Army hospitals in 8 states.
Virginia is interested in bidding on this contract and has reached out to
the D.C. agency to see if it is agreeable to allow the Virginia SLA to
pursue the contract on its own.  Allowing one state to bid on behalf of all
other states appears to be the best model for these multi-state bids. We are
optimistic that this may be a real opportunity to get the first
Randolph-Sheppard contract that crosses state lines.  

Speaking of Multi-State Contracts - As noted earlier, the South Carolina SLA
is pursuing a contract to manage the cafeteria services at 8 Army hospitals
in 8 different states.  The solicitation was issued without a
Randolph-Sheppard priority and the Army refused to amend the solicitation to
include the priority.  It is the Army's position that the priority does not
apply since the contract is for a patient nutrition care service.  The SLA
filed for arbitration and RSA refused to convene a panel after concluding
that no violation of the Act had occurred yet.  In our opinion, this
interpretation of the law is incorrect and quite surprising.  The SLA has
requested that RSA reconsider this decision.  The NFBEI wrote to RSA
pointing out the errors in RSA's thinking in denying the convening of a
panel.  As The Blitz goes to press, we have been told that a letter is in
the Commissioner's office awaiting signature.  We have no idea whether or
not RSA will reverse course but we are optimistic that the law will be
strictly enforced, and the panel will be convened before the Army issues a
contract rather than after the contract has been awarded.  

Examining that Mythical National Parks Exemption - Are national parks exempt
from the Randolph-Sheppard priority?  There is a limited exemption.  If the
Park Service issues a solicitation for multiple services not typically
provided by Randolph-Sheppard vendors and bundle the vending services with
the same contract, they are indeed exempt.  For example, if a solicitation
is issued for operating a lodge, maintaining the grounds, operating a gift
shop, and operating snack bars / vending machines, no priority must be
extended to the blind entrepreneur.  However, we are learning that many
parks have contracts for just the gift shops and we believe that the
priority clearly applies in such cases.  We are currently engaged in
dialogue with the National Park Service on this matter and an in-person
meeting is being scheduled.  We will keep you posted on any developments.

Gacos Testifies at U.S. Mint Stakeholders Briefing- As part of NAMA's
advocacy outreach, industry leaders and Senior Vice President of Government
Affairs Eric Dell attended a U.S. Mint stakeholder meeting in March. The
meeting provided NAMA the opportunity to discuss with Mint management how
changes in the metallic content of coins would adversely affect the vending
industry.  We reported in the last issue of The Blitz that HR 1719 would
change the metallic content of the penny and nickel and perhaps the quarter.
New coins would not work in current coin mechanisms meaning vending machine
operators would have to modify the existing coin mechanisms.  The cost to
the vending industry would literally be hundreds of millions of dollars.
Nicky Gacos, President of the National Association of Blind Merchants, who
serves on NAMA's Government Operations Committee, testified at the briefing
on behalf of blind entrepreneurs.  If enacted, this bill could bankrupt some
BEP's.  

Oregon Changes Directions on VA Strategy - Oregon Seeks Opinion from RSA on
VA Arbitration Decision - If you are a regular reader of The Blitz, you know
that the Oregon SLA won arbitration against the Department of Veterans
Affairs in a case involving the White City VA. However the VA has refused to
comply with the panel's ruling.  The NFBEI strongly urged the SLA to appeal
the case to federal court. It was our understanding that this was going to
happen.  However, the AG, citing a Ninth Circuit Court ruling, has opted
instead to ask RSA to intervene and render an opinion.  RSA is essentially
being asked to issue an interpretation of the Randolph-Sheppard Act that
will either confirm or reject the interpretation of the arbitration panel.
It is hoped that an RSA interpretation will help resolve the issue or at
least strengthen the case if it goes forward to the court system.  We are
not so confident that RSA (1) Will provide the interpretation; or, (2) Will
provide an interpretation that is favorable to Randolph-Sheppard.  Rendering
an opinion would set a precedent that could require RSA to confirm or reject
all arbitration panel decisions which is something RSA has historically said
it doesn't have the authority to do. It is a complicated issue and will be
interesting to watch.

BLAST Registration is Ready - Get ready for a Lone Star BLAST November 18-20
in Austin, Texas.  BLAST will wrap up with a banquet on Thursday evening,
November 20th, but the NFBEI will conduct a Friday morning session.  The
site is up and you can begin registering and making hotel reservations now
by going to  <http://www.blindmerchants.org> www.blindmerchants.org.  Plan
on being at the premiere training event in the Randolph-Sheppard field that
will feature the largest exhibit hall ever.  

NFBEI / NCSAB Announce Follow-Up Attorney Training - In November, 2012,
NCSAB and the NFBEI teamed to offer the first ever training for state
attorneys who work in the Randolph-Sheppard area. The training was
enormously successful and the attorneys have asked for follow up training.
This training will be offered on November 18 in conjunction with BLAST.  BEP
staff training will be held the same day.  In the morning, the attorneys and
BEP staff will be together as Randolph-Sheppard topics are presented.  In
the afternoon, the attorneys will break out and their training will shift to
Vocational Rehabilitation topics.     

RSA to Fill Randolph-Sheppard Specialist Position - We are still patiently
waiting for RSA to announce the appointment of a Randolph-Sheppard
Specialist to replace Dan Frye. Dan left in October to assume the position
of Director of the New Jersey Commission for the Blind.  It is our belief
that an individual has been selected and we are just waiting on paperwork to
be completed.  We continue to advocate for RSA to hire two people and
Commissioner LaBreck agrees a second position is needed.  It's just a matter
of getting the second position approved.  We will be shocked if someone
isn't on board when the next issue of The Blitz comes out.  

RSA-15 Revisions are in the Works -   RSA has created a work group to review
the RSA-15 and to make recommendations for changes.  The RSA-15 is the form
states use to report on Randolph-Sheppard activities in their states.  The
work group met by conference call on March 31st and the NFBEI and NABM are
represented on the group.  Based upon the input at the first meeting, it
appears that only minor changes will be made.  One change that is under
consideration is requiring the states to report the number of business
consultants employed.  We frequently get asked the ratio of business
consultants to blind entrepreneurs.  We do have an old NCSAB survey that we
can refer to but we have nothing current.  This will help us a great deal as
we look at staffing levels in the states.  We also intend to collect data
about how many satellite facilities are opened and not just stand alone
facilities.  This form will be submitted to the federal approval process and
is expected to be utilized by BEP's to report data for the year ending on
September 30 of this year.   

On the Road Again - Annual blind vendor meetings / upward mobility training
sessions are already underway in many states.  I was in South Carolina in
February and in Idaho in March.  But we are just getting into the season so
travel schedules are about to get very busy.  We are already committed to be
in Michigan, New Jersey, Alaska, Maryland, Tennessee, Oregon, Nevada, and
Arizona in the coming months.  We would love to participate in your annual
meeting.  Let us know when it is and where it is going to be and we will try
to be there.  If your state subscribes to the NFBEI services, we can have
someone there to present on multiple topics at no cost to the BEP's.  

Harnessing the Power - New Buying Group Exceeding Expectations - More than
800 operators, licensed under Randolph-Sheppard, have now signed up for the
RSA Buying Group. We are told that 4th quarter rebates are being processed
and audited. Those who qualify for 4th quarter rebates should receive their
checks via email under the subject line Verify Valid.  For further
information about the RSA Buying Group you can contact John Murn at
<mailto:JMurn at rsabuyinggroup.com> JMurn at rsabuyinggroup.com.  You must be
sure to provide your name, address, and account numbers for Pepsi,
Coca-Cola, and other major suppliers. 

Sustaining the NFBEI - Do you like what the NFBEI is doing to advocate for
the program on a national level and to assist individual state programs?  If
so, we can use your financial support.  If you would like to contribute to
the cause, we would welcome your donation.  You can send a check made out to
NABM and note in the memo portion of the check that it is for the NFBEI.
Checks can be mailed to:

National Association of Blind Merchants

1837 S Nevada Ave. 

PMB 243

Colorado Springs, CO 80905

NABM is a 501(c)3 non-profit organization. Almost half of our funding comes
from state agencies who take advantage of our membership / subscription
service.  Currently, 25 states participate and a couple more may soon be
coming on board.  We are very proud of this level of participation.  You can
help ensure our future funding by encouraging your state to join in.  A
recommendation from the Elected Committee of Blind Vendors would carry a lot
of weight in a state's decision.  Remember, a state can use set aside
dollars, state or highway unassigned funds, and/or federal dollars to pay
for the membership / subscription service.  

Whew!  What a busy two months.  And it is about to get even busier.  We will
continue to use The Blitz to keep you updated on Randolph-Sheppard issues
and activities of the NFBEI.  If there are things going on in your state,
let us hear from you.  Contact me directly,  or through our NABM office at
866-543-6808, or  <mailto:kevanworley at blindmerchants.org>
kevanworley at blindmerchants.org. 

Terry Smith

NFB Entrepreneurs Initiative 

 <mailto:tsmith at nfb.org> tsmith at nfb.org 

(423) 468-4969

PLEASE FEEL FREE TO SHARE THE BLITZ WITH OTHERS AND DISTRIBUTE ON YOUR LIST
SERVES.  WE WANT ALL BLIND ENTREPRENEURS AND BEP ADMINISTRATORS TO KNOW WHAT
THE NFBEI IS DOING.

At your service,

cid:image001.jpg at 01CDBCF2.C07B8380

Kevan Worley

Executive Director

National Association of Blind Merchants

kevanworley at blindmerchants.org 

866-543-6808

Wondering what to do with your old car or truck? Donating your vehicle to
the National Federation of the Blind is convenient and may qualify you for a
tax deduction. Call 1-855-659-9314 or visit www.carshelpingtheblind.org Your
donation can take the blind further

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