[il-talk] FW: FW: [vendtalk] Here is your copy of The Blitz!
Edward Birmingham
ebirm18 at wowway.com
Mon Feb 17 19:56:39 UTC 2014
here is the NFBEI Blitz. Please take a moment to read.
From: IABM [mailto:iabm502 at gmail.com]
Sent: Monday, February 17, 2014 1:28 PM
To: Edward Birmingham
Subject: Fwd: FW: [vendtalk] Here is your copy of The Blitz!
here is the most recent NFBEI Blitz. please take a moment to read this
edition. Information is Power!
---------- Forwarded message ----------
From: Edward Birmingham <ebirm18 at wowway.com>
Date: Mon, Feb 17, 2014 at 1:16 PM
Subject: FW: [vendtalk] Here is your copy of The Blitz!
To: IABM <iabm502 at gmail.com>
-----Original Message-----
From: vendtalk [mailto:vendtalk-bounces at nfbnet.org] On Behalf Of Kevan
Worley
Sent: Monday, February 10, 2014 12:49 PM
Subject: [vendtalk] Here is your copy of The Blitz!
Greetings colleagues and friends,
Pasted below and attached to this email you will find the December-January
Blitz. The Blitz is the Randolph-Sheppard NFB Blind Entrepreneur Initiative
newsletter of record. "Get the Blitz! Read the Blitz! And please share the
Blitz!" Information is power. United and informed, the NFBEI Blitz gives
Randolph-Sheppard the power of information. The Blitz it written and
compiled by Terry Smith, Business Opportunity Specialist, National
Federation of the Blind Entrepreneur Initiative. The Blitz is also available
online at http://www.blindmerchants.org/blog/nabm.
At your service,
[cid:image001.jpg at 01CDBCF2.C07B8380]
Kevan Worley
Executive Director
National Association of Blind Merchants
kevanworley at blindmerchants.org<mailto:kevanworley at blindmerchants.org>
866-543-6808
The NFBEI Blitz
December, 2013 - January, 2014
Since the last issue of The Blitz, we've celebrated the holidays. Already,
January has come and gone. We've learned a new term - polar vortex. We've
seen an exciting football season come to an end with everyone except Florida
State and the Seahawks saying "Wait til next year." And we've seen peace
and tranquility in the Randolph-Sheppard Program. Change that. We thought
things would be quiet in Randolph-Sheppard but it has been anything except
quiet. In fact, the year is off to a fast and frantic start. Take a deep
breath and see what all is happening.
Hey VA We're Not Going Away - The NFBEI's efforts to bring the Department of
Veterans Affairs into compliance with the Randolph-Sheppard Act have been
well chronicled in prior issues of The Blitz. Our commitment to bring the
VA into compliance with the Randolph-Sheppard Act continues in earnest. In
January we met with high ranking officials with the VA to discuss the
issues. Among the issues we identified were:
* The VA's inappropriate application of the 100 employees / 15,000
square feet minimum requirement in order for the R-S priority to kick in;
* The VA's assertion that the R-S priority only applies to buildings
accessed by the public;
* The Veterans Canteen Service operating vending in non-patient
facilities;
* The failure of the VA to allow the establishment of R-S vending
facilities in the large medical centers including 3 new ones under
construction;
* The refusal of the VA to abide by arbitration decisions; and,
* The apparent refusal of the VA to consult with RSA before issuing
new guidance on the Randolph-Sheppard Program to its field staff.
It would be misleading to say we resolved all of the issues but there was a
commitment by the VA officials with whom we met to continue dialogue and
future meetings are being scheduled. It should also be noted that we
continue to try to bring political pressure on the VA. We have been
successful in getting a Tennessee Congressman to weigh in on an issue in his
district, and Oregon vendors are soliciting help from their Congressional
delegation on a case where the SLA won in arbitration but the VA refuses to
abide by the decision. Future more focused political strategies are in the
works. It is worth noting that the development of a new policy directive is
the direct result of the advocacy efforts of the NFBEI. Now, we just need
to try to make sure it is better than the current one and is compliant with
the Randolph-Sheppard Act.
Going Back to School - An Exciting New Partnership with Hadley Announced -
The Hadley School for the Blind and the NABM/NFBEI have formally announced
an exciting new partnership that will bring on-line training to blind
entrepreneurs. The partnership features two distinct offerings. The
Entrepreneur of Excellence Program will allow blind entrepreneurs to take
specified business related courses on-line. Entrepreneurs will be able to
complete courses that have been specially designated for this program and
once all courses and modules have been successfully completed, the blind
entrepreneur will be certified by NABM as an Entrepreneur of Excellence.
These entrepreneurs will be recognized at BLAST or at the NABM annual
meeting held in conjunction with the National Federation of the Blind's
Convention. Entrepreneurs of Excellence need not be present at these two
events to receive certification. A second component of the partnership is
what we are calling "Randolph-Sheppard on the Web." The NFBEI / NABM will
be conducting a series of webinars on issues of importance to
Randolph-Sheppard vendors. The first webinar will be held at 2:00 PM
Central Time on February 20 and will focus on Social Security Disability.
To learn more about this partnership and to enroll visit
www.hadley.edu/nabm<http://www.hadley.edu/nabm>. If you experience
challenges during your online registration process you can reach Hadley
Student Services at 800-526-9909. The courses are designed to be taken
online.
Harnessing the Power - New Buying Group Exceeding Expectations - For years,
we have been talking about harnessing the buying power of all blind vendors
nationwide and the new RSA Buying Group is allowing us to do just that.
Although the NABM and NFBEI have no formal ties to the buying group, we
wholeheartedly support it and are excited about what it means for blind
entrepreneurs in this country. What does it mean? The answer is money and
lots of it in some cases. Rebate checks were issued in January for the
third quarter of last year. A total of approximately $185,000 in rebate
dollars was sent out to Randolph-Sheppard entrepreneurs. In the third
quarter, only 528 entrepreneurs were enrolled. That number has since
swelled to 1,050 so even more money will be sent out next time. Plus, Pepsi
and Coca-Cola rebates will also be included on future checks. It is not
unrealistic to think that over $2 Million in rebates will be distributed
annually to blind entrepreneurs. Is that exciting or what? We love it when
blind guys are making money. Have you heard the saying "the check is in
the mail?" Well, with the RSA Buying Group, you don't have to worry with
snail mail or wondering if your check will ever arrive. E-checks are being
utilized. That means your check is emailed to you. You get it instantly.
Then you can simply print it out and take it to the bank or better yet email
it to your bank for deposit. That doesn't mean that traditional checks are
not still an option for those who so choose. If you are not enrolled in the
buying group, you are leaving money on the table. Contact John Murn at
JMurn at rsabuyinggroup.com<mailto:JMurn at rsabuyinggroup.com>. You must be sure
to provide your name, address, and account numbers for Pepsi, Coca-Cola, and
other major suppliers. If all information is not provided, you cannot
receive the rebates.
Can Anyone Tell Me What Makes a Cafeteria? - There obviously is no clear-cut
answer to this question and it keeps rearing its ugly head. An arbitration
panel is considering this question in a case involving Fort Campbell.
Florida may be pursuing arbitration to answer that question at Tyndall Air
Force Base. The Arizona SLA has sought clarification from RSA on the
question as it applies to Luke Air Force Base. We are now hearing that the
Department of Defense may be approaching RSA about once again trying to
develop regulations around this question. This is somewhat of a scary
proposition considering the failed Joint Policy Statement of a few years
ago, developed without input from Randolph-Sheppard community which we
believe was not consistent with the Randolph-Sheppard Act. The NFBEI is not
opposed to regulations being promulgated. However, these regulations must
be consistent with the law and not limit opportunities the way the Joint
Policy Statement would have done. We continue to educate RSA on this issue
with the hope progress can be made on resolving the dispute.
More Conversations with AbilityOne - When the NFBEI met with RSA
Commissioner Janet LaBreck in November, she asked that we set up a meeting
with AbilityOne. The Commissioner wanted to better understand the conflict
between the JWOD Program and Randolph-Sheppard. Her hope was to find common
ground. We met and follow up meetings are planned. We are exploring
possibilities for collaboration. We will be sharing more about these
efforts in the future.
Say What? NISH Wants to Talk - The folks at SourceAmerica (formerly known as
NISH) have reached out to us to have dialogue. We were surprised by the
gesture and readily accepted the invitation. We met with them in January
and I must admit we approached the meeting very cautiously, as I'm sure they
did as well. The meeting was surprisingly positive and it was agreed that
follow-up meetings will be held. We talked about ways Randolph-Sheppard and
SourceAmerica can work together. We discussed our legislative proposal that
would require that AbilityOne award a certain percentage of new contracts to
companies owned by people with disabilities rather than non-profit agencies.
These ideas will be discussed in more detail at our next meeting. We are
not so naïve as to believe that we can resolve all of our differences. We
are not willing to agree to ideas that are not in the best interest of blind
entrepreneurs. However, the time for dialogue is a longtime overdue. We
will never resolve our differences if we are not talking and trying to
better understand each other. In my view, the meeting was historic. It was
perhaps the first time the two sides have sat down and had a real
conversation. We need to see where those conversations lead. Look for more
in the next issue of The Blitz.
The Mint Really is Worth a Mint - The NFBEI has been working with the
Colorado BEP in its pursuit of the gift shop at the U.S. Mint in Denver.
This retail store clearly falls under the Randolph-Sheppard priority;
however, the Mint is not cooperating arguing that it is not a food
establishment. We submitted a Freedom of Information Request for
information about sales at the facility and now fully understand why the
Mint is so reluctant to issue a permit to the SLA. There are significant
dollars being generated in that facility and we believe they should be
earned by a blind entrepreneur. There is a similar gift shop at the Mint in
Philadelphia and the Colorado and Pennsylvania agencies have been sharing
information. The NFBEI is urging both states to file for arbitration. RSA
would probably roll them into one hearing. Stay tuned.
Maryland Arbitration Cases Against GSA Move Forward - The Maryland BEP is
moving forward with two arbitrations that will be of interest to other
states. In one, the federal agency is moving from one building to another.
The SLA is arguing that the permit states that the federal entity must pay
for the relocation. GSA argues that the language in the permit does not
apply to moves of this nature since it is essentially a new facility. This
is one to watch. In the second case, GSA bid out a cafeteria in the Social
Security office but indicated that the SLA would not be afforded a priority.
GSA indicated that the SLA only gets a priority if its bid is within the
competitive range and since no competitive range was going to be
established, there was no priority. That is a most interesting
interpretation of the law. We believe the SLA's case is very strong
especially since its proposal was rated as "Acceptable" by the raters. The
NFBEI did intervene with GSA on the SLA's behalf on this one but to no
avail. We will have to let the attorneys battle it out.
RSA Shockingly Denies South Carolina's Request for Arbitration - In what can
only be described as a surprising move, RSA has uncharacteristically denied
South Carolina's petition to convene an arbitration panel to resolve its
dispute with the Army over the Nutrition Care Contract. You may recall that
is the contract whereby a contractor will provide cafeteria services in 8
Army hospitals in 8 different states. The NFBEI worked with the 8 states
involved to agree to have one SLA submit a bid for all 8 hospitals. That
state is South Carolina. The Army indicated that it would not grant a
priority to the SLA so South Carolina filed for arbitration. However, RSA
ruled that the matter was not ripe for appeal since the contract had not
been awarded and there had been no determination as to whether or not the
SLA's bid was in the competitive range. We disagreed with RSA's decision.
In fact, we think it is a direct violation of the law and we wrote RSA
urging them to reverse the decision and convene the panel. To date, there
has been no response.
NFBEI Training Prompts Creation of National Attorney Network - Many of you
may remember or perhaps even attended the attorney training conducted by the
NFBEI and NCSAB in November of 2012 in Philadelphia. It was an extremely
successful training with over 30 states represented. As a result of that
training, a national network of state attorneys was created. These
attorneys have regularly scheduled conference calls that focus on important
topics in vocational rehabilitation and Randolph-Sheppard. In December,
Terry Smith was asked to present to the group. Some had expressed interest
in having another attorney training and this was discussed on the call.
They discussed it again on their January call and formally asked that
additional training be provided. In addition to Randolph-Sheppard, they
want some VR topics as well. The NFBEI has committed to making this
training available in conjunction with BLAST in November in Austin, Texas.
We will also be conducting BEP staff training like we did in Indianapolis.
Look for more on this training in future issues of The Blitz.
Randolph-Sheppard Loses Fort Dix - The New Jersey SLA lost its bid for the
troop dining contract at Fort Dix where Harry Eberle (the blind vendor)
teamed with Blackstone Consulting. We hate to see Randolph-Sheppard lose
any contract because it means one less opportunity for a blind person.
Concerns were raised about possible improprieties in the bidding process;
however, it looks like it was primarily a pricing issue. We are hopeful the
SLA will be able to regain that contract when the solicitation is issued for
the new contract after this bridge period is over.
Fallon Changing Over - Keeping with the bad news theme, the Nevada SLA has
been notified that the Navy is terminating the contract for troop dining at
Fallon Naval Air Station. From what we've been able to learn, the Navy is
closing the galley completely and going to an alternative approach to
feeding troops. We are not sure what that alternative will look like.
There is some talk of the officers club providing the service. There is
some talk of meal tickets that can be used at fast food restaurants on the
base. At this point, we just don't know but we are monitoring the situation
closely and are prepared to offer appropriate technical assistance as
necessary.
Oklahoma Makes Pitch for Prison Commissaries - Terry Smith recently traveled
to Oklahoma to attend a meeting between the BEP and the Department of
Corrections to discuss the inmate commissaries. The timing of the meeting
was interesting as a new Director of Corrections was being hired. We had to
meet with the staff attorney and another management person. Ideas were
discussed but not much progress was made. We were told that DOC does not
plan on soliciting bids for the service which is now operated in-house. The
BEP is nonetheless still interested in having further discussions once the
new director is onboard. The NFBEI is very interested in seeing one of our
states crack the prison commissary barrier. When one state is successful,
we think others will follow.
The Long and Winding Road: Highway Bill Due for Reauthorization - There is
really no news with respect to the Surface Highway Transportation Act which
must be reauthorized this year. A bill must be finalized by September 30
when the current law expires. To date, we've heard no talk of any potential
provisions to commercialize the interstate rest areas like we saw last time.
But it is early in the game and we can't let our guard down. We will
continue to monitor developments with the bill as it moves forward.
RSA to Fill Randolph-Sheppard Specialist Position - RSA is moving forward
with plans to fill the Randolph-Sheppard Specialist position which became
vacant when Dan Frye left to become Executive Director of the New Jersey
Commission for the Blind. Commissioner Janet LaBreck is personally
interviewing candidates and promised to hire someone with enthusiasm and a
passion for the program. We are aware of most of the candidates and are
confident that a capable person will be in place very soon. In fact, we are
expecting an announcement in February.
On the Road Again - Tis the season for annual statewide vendor meetings.
These meetings get underway in force in February and we are already planning
on attending and presenting at several. Over the next 3 months we are
already scheduled to present in South Carolina, Idaho, New Jersey, Alaska,
Maryland, and Tennessee. Several others are in discussions. If your state
has set a date for its annual meeting, please send that information to Terry
Smith. Even if we are not participating, we like to know when the meetings
are taking place. If you want us to present, we need to get your meeting on
our calendar.
HR 1719 Could Be a Threat to the Vending Industry - In the last issue of
The Blitz, we mentioned HR 1719 which was intended to reduce the cost of
manufacturing pennies and nickels. We indicated that the bill could have
far reaching implications for the vending industry since all coin mechanisms
would have to be retooled. We are now hearing some staggering figures as to
the cost to the vending industry if this bill passes. The bill would
presumably save the federal government $24 Million. However, the cost to
Coca-Cola alone would be $120 Million to retool all of their machines. The
total cost to the vending industry as a whole is unimaginable. The cost to
many BEP's could be devastating. At this point, the bill doesn't appear to
have any momentum but we will continue to monitor.
NAMA Needs You and You Need NAMA - As time goes on, we realize that
Randolph-Sheppard is part of a much bigger picture. We are just a small
part of the huge vending and food service industries in this country. The
issues that affect private vending companies affect blind entrepreneurs.
The National Automated Merchandising Association (NAMA) represents the
interests of the vending industry nationally and there are state
associations that do the same thing on the state level. NABM President
Nicky Gacos serves on NAMA's Government Operations Committee and is helping
build a bridge between NAMA and blind entrepreneurs so that we can help NAMA
with their issues and they can blind entrepreneurs with theirs. It is
important that blind entrepreneurs join NAMA and get involved in the state
affiliates. Serve on committees and get on their boards. It will help you
stay current and will help you increase your political clout. You owe it to
yourself and to your program.
New BEP Director in Nevada - Drazen Elez was recently promoted to the
position of Chief of Business Enterprises of Nevada. Welcome aboard Drazen
and good luck. By the time the next issue of The Blitz comes out in two
months, we will hopefully be able to announce the new directors in Delaware,
Mississippi, and California.
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
Almost half of our funding comes from state agencies who take advantage of
our membership / subscription service. In 2013, 19 states participated.
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.
So, what do you think? Was it a busy two months or what? Things never
slowdown in the world of Randolph-Sheppard. But part of that is our fault.
We are out there making sure things are happening and we plan on continuing
to do that.
Terry Smith, Business Opportunity Specialist NFB Entrepreneurs Initiative
tsmith at nfb.org<mailto:tsmith at nfb.org>
(423) 468-4969 <tel:%28423%29%20468-4969>
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
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