[il-talk] FW: August-September BLITZ

[Edward Birmingham]

Please take a few minutes to read what's going on in the vendors world.  The
August-September NFBEI Blitz is here!

 

From: Kevan Worley [mailto:kevanworley at worleyenterprises.com] 
Sent: Wednesday, October 08, 2014 3:25 PM
Subject: August-September BLITZ

 

 



THE BLITZ

August - September, 2014

 

It seems like as soon as I finish one issue of "The Blitz," it's time to
start on another.  Life in the world of Randolph-Sheppard moves so fast.
Before I start with some important updates, I want to thank all of you for
the positive feedback about "The Blitz."  Everywhere I go, people tell me
how much they enjoy it and how informative it is.  I appreciate that
feedback and it motivates me that much more to pack this little newsletter
with more and more information so you know everything that's going on out
there.  

 

On-Line Training on Schedule-It's official!  The contract has been signed
and it's full speed ahead with the first ever national training curriculum
for prospective Randolph-Sheppard entrepreneurs.  NABM President Nicky Gacos
and Hadley School for the Blind President Chuck Young held a signing
ceremony at Hadley's facilities in Winnetka, Illinois on September 8th.
Under the contract, Hadley will develop the curriculum for an online
training program and NABM will market it to states.  Students can begin
enrolling in the training program in January to use Hadley's proven online
training platform.  VR counselors will be able to refer their clients to the
online training program. Students will be required to complete all modules
satisfactorily.  We have established a focus group of BEP Directors and
blind entrepreneurs who will offer feedback as the curriculum is being
developed.  We've held one conference call with the focus group and will
have an in-person meeting in Austin prior to BLAST.  This training program
will help states recruit trainees.  One of the major deterrents to getting
VR clients interested in BEP is the amount of time away from home required
to complete the training program.  Most people come to BEP as a second
career. Because they have families, leaving home for several months to
attend training is problematic.  This program will enable them to complete
the major portion of the classroom training without ever leaving home.  This
will be the first-ever national training curriculum, so it creates the
opportunity for states to accept vendors from across state lines if they
choose. Most states that take advantage of this training opportunity will
most likely have their trainees complete the online classes and then
complete on-the-job training in their local communities. The OJT will
reinforce what they learn in the classes and afford an opportunity to learn
things that can't be taught on-line.  We can't teach someone to fry an egg
or change a coin mech online.  A substantial financial investment is being
made in this program because NABM and Hadley believe it is time to rethink
the way we train new vendors.  Today, you can get a high school diploma,
bachelor's degree, masters, and even a doctorate online.  Why can't we train
blind entrepreneurs the same way?  Modernizing the Randolph-Sheppard Program
is a must if it is going to survive and thrive and this is one piece of the
larger puzzle. 

 

A BLISS-ful Victory in Texas-In the last issue of "The Blitz," we reported
on two major developments related to troop dining.  We reported that a
federal court in Kentucky had issued a ruling that said an SLA can be
granted a temporary injunction in order to exhaust its administrative
remedies (i.e. arbitration).  We also reported that there was an epidemic of
cases where the Army is attempting to split existing Randolph-Sheppard
contracts and award the dining attendant services to a non-Randolph-Sheppard
contractor.  These two events converged at Fort Bliss in Texas.  The Army
issued two separate RFP's-one for full food and one for dining attendant
services.  The Texas SLA sought and was awarded a temporary injunction
preventing the award of a contract for the dining attendant services.  The
SLA was awarded the full food contract.  The Army and SLA have now
negotiated a tentative settlement agreement that will allow the SLA to
continue managing the DFA services at a negotiated price until the
arbitration process can be completed.  It was great news that a second
federal court has shown willingness to issue a temporary injunction in these
cases.  We are also excited that there is the potential for a second
arbitration panel to rule that the R-S priority applies to DFA services.
The Texas SLA is to be commended for its aggressive support of Harvey
Johnson, the blind vendor at Fort Bliss.  It is now incumbent on them to win
the arbitration case.  

  

The VA - Did You Ever Wonder Where RSA Stands?- If you are a regular reader
of "The Blitz," you know that we are determined to bring the Veterans
Administration into compliance with the Randolph-Sheppard Act.  We have had
multiple meetings with the VA with little success.  It appears it is going
to take either a legislative or judicial resolution, and we are working on
both.  In order to strengthen our position, we have posed a series of
questions to the Rehabilitation Services Administration seeking guidance as
to how the R-S Act applies to VA properties and how we reconcile the R-S Act
with the Canteen Services Act.  It is our hope that we can use a strong
position by RSA to influence change at the VA.  

 

Questions Abound About the Parks - As noted in an earlier issue of "The
Blitz," we have met with the National Park Service to explore opportunities
for Randolph-Sheppard entrepreneurs at national parks.  Just like we did
with the VA, we have posed a series of questions to RSA to interpret the law
for us as it relates to the R-S priority at national parks.  The primary
issue to be resolved is whether the National Park Service can circumvent the
priority by contracting with non-profits that are affiliated with the parks.
For example, can Bar Harbor National Park contract with Friends of Bar
Harbor Park to operate a gift shop rather than grant a permit to the SLA?
RSA's interpretation will go a long way in helping us possibly create
opportunities for blind entrepreneurs.  

 

RSA Brings Hartle Aboard as R-S Specialist - The Rehabilitation Services
Administration recently hired Jesse Hartle as its second Randolph-Sheppard
Specialist.  Jesse most recently worked in the Government Affairs section at
the National Federation of the Blind's national office in Baltimore.  He is
a great addition to RSA's staff and will team with Deanna Jones.  RSA
Commissioner LaBreck had promised us that she wanted to add a second
Specialist in the Randolph-Sheppard area. She fulfilled that promise, and
she hit a homerun in doing so.  We feel very confident in the abilities and
commitment of both Ms. Jones and Mr. Hartle, and believe they will help make
Randolph-Sheppard stronger nationally.  

 

Health and Sustainability Guidelines Session Planned - On October 7 the
National Prevention Strategy, which is part of the U.S. Surgeon General's
Office, will be sponsoring a workshop in Washington, D.C. entitled
"Partnering with Randolph-Sheppard Vendors to Improve Healthy Food and
Beverage Options in Federal Facilities."  The title says all that needs to
be said.  It is a small workshop that will attract fewer than 50 attendees.
We welcome the discussion but we suspect the intent of the workshop was to
talk about us and not to talk with us.  The date was set and the agenda was
being planned when word reached us that the workshop was taking place.
Nonetheless, we managed to get ourselves invited to the table and Kevan
Worley, Executive Director of NABM, will speak to the participants. NABM
President Nicky Gacos will be in attendance and we understand
representatives from the BE programs in Maryland and Delaware plan to
attend. There may be others as well.  As stated earlier, we welcome the
dialogue.  Randolph-Sheppard entrepreneurs provide most of the food service
for federal employees and we must ensure that healthy options are made
available to an ever-increasing health conscious customer base.   At the
same time, we must protect against unreasonable attempts that impact the
ability of our blind entrepreneurs making a living.  

 

Taking the Credit: AG Training Approved for CLE's-Great news for those
attorneys who will be attending the state attorney training being held in
Austin on November 18 in conjunction with BLAST.  Several state bars have
already approved the training for CLE credit.  Those states include:
Alabama, Arizona, Arkansas, California, Connecticut, Delaware, Kansas,
Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi,
Missouri, New Hampshire, New Mexico, New York, Ohio, Oklahoma, Rhode Island,
South Dakota, Texas, Vermont, West Virginia, and Wyoming.  Applications are
pending in all other states.  A huge thank you goes out to Peter Nolan's
office for taking the lead on getting these applications submitted and to
Rick Olderbak with the Oklahoma state agency.  It's not too late for state
attorneys to sign up, attend the training, and take advantage of getting CLE
credit for what we believe will be excellent training.  Encourage your state
attorney to attend.  They can register at www.blindmerchants.org
<http://www.blindmerchants.org/> .  

 

To Rule or Not to Rule: An Analysis of the Oregon Law-The Oregon BEP is
small in comparison to many states and it has struggled to provide
meaningful opportunities for blind entrepreneurs.  A consistent pattern of
attorney general actions and opinions have adversely impacted the program's
ability to create opportunities.  The state's mini Randolph-Sheppard Act is
relatively strong but the interpretation of the law by the AG has left it
weakened.  The leadership at the Commission for the Blind has expressed some
willingness to try to act proactively in support of the program.  There is
some interest in promulgating rules to clarify some confusing aspects of the
law.  The AG has not been supportive.  In an effort to support he
Commission, we retained the law firm of Brown, Goldstein, and Levy to
provide a legal analysis of the Oregon statutes to determine the authority
of the Commission to promulgate rules that would clarify certain sections
that many believe are being misinterpreted.  The conclusion was that the
Commission indeed has the authority to promulgate such rules.  This analysis
was shared with the Elected Committee of Blind Vendors and the President of
the NFB Affiliate who is also a member of the Commission.  The two are
trying to work with the leadership of the Commission to pursue the rule
making process.  It remains t be seen what the Commission will do.  Much
good will has been established with the Committee of Blind Vendors; however,
if the Commission is unable to move in a positive direction, it will likely
result in an all out war in the state legislature where a bill has allegedly
been pre-filed to strengthen the preference.  An amendment to the law could
be beneficial, but it could also be a risky proposition with fallout that
could impact many blind Oregonians.  Stay tuned.  There will be more to come
on this in the next few months.  

   

Cold Front Hits Talks with SourceAmerica-In past issues of "The Blitz," we
have told you about our efforts to have dialogue with the JWOD folks in an
effort to bring about an environment of collaboration and explore ways that
we could work together to create opportunities for blind entrepreneurs.  We
told you about our proposed legislation, which would require that a certain
percentage of new contracts be awarded to companies owned by people with
disabilities, rather than to non-profits that simply employ people with
disabilities.  We were encouraged by early conversation with AbilityOne and
we continue to work with this federal entity that oversees the JWOD Program
to explore collaborative initiatives.  We were likewise encouraged by our
initial discussions with SourceAmerica, the central non-profit agency that
administers the program.  However, that relationship chilled when
SourceAmerica officials failed to honor multiple commitments, and they took
a turn for the worse when one SourceAmerica official issued what was
essentially an ultimatum.  He said that as long as we are encouraging states
to go after contracts other than full food then there was no chance for
collaboration.  In other words, we had to stop encouraging and assisting
Florida in its pursuit of the DFA and contingency cook contract at Tyndall
Air Force Base.  We couldn't encourage Georgia to file for arbitration over
the DFA/contingency cook contract at Fort Stewart.  There's the Fort
Campbell case in Kentucky and others.  It didn't matter that these are not
contracts going to AbilityOne.  It didn't matter that these are all
contracts targeted for HubZone or 8(a).  For them, it is apparently a matter
of principle, and in their minds, Randolph-Sheppard has no right to any
cafeteria contract on a military base-full food or not.  They actually said
that.  You can imagine our response.  We do not bow to ultimatums.  We will
remain vigilant in advocating for blind entrepreneurs.  We will move forward
with our initiatives without their support.  We were prepared to offer a
bill that would quadruple the size of the JWOD program.  But in effect, they
said no thank you. They would rather kill opportunities for thousands of
people with disabilities than miss out on a handful of DFA contracts that
they are going to miss out on anyway.  Having said all of that, we remain
totally committed to ongoing dialogue at any such time as they want,
provided they come with a true collaborative spirit.  They read "The Blitz"
regularly, so it is up to them.  

 

Randolph-Sheppard on the Web to Stick Around-We concluded the first year of
the NABM/Hadley School for the Blind Randolph-Sheppard on the Web on
September 18th with "Active Participation: What It Is and What it Isn't."
We've had a great response to these webinars.  If you missed any of them and
want to listen, they are all archived and you can access them at
www.blindmerchants.org <http://www.blindmerchants.org/> .  There are costs
associated with conducting these webinars.  Hadley has obtained funding for
a second year, and we have committed to continuing the program.  We will be
doing 4 webinars in 2015.  We are still bouncing ideas around for topics,
but we welcome your feedback.  If there is a webinar topic you'd like to
hear, let Terry Smith know.  

 

Oregon Making Things Happen-We mentioned Oregon's struggle to create
opportunities for blind entrepreneurs earlier.  Well, there is still some
good news, and we have to give them kudos.  First, they have officially
filed for arbitration challenging GSA's decision not to issue a permit for a
snack bar, choosing instead to bid it out as a cafeteria.  It clearly does
not meet the definition of a cafeteria found in the regs, and we are
confident the SLA will prevail.  Eric Morris, the BE Director, also recently
succeeded in convincing the Bonneville Power Administration to directly
negotiate a contract for its cafeteria.  This was quite a coup considering
the BPA opted to negotiate with the Oregon SLA rather than renew with
ARAMARK.  

 

Arizona Truckin' Right Along-We've heard people talk about the untapped
potential of Randolph-Sheppard in the private sector.  Well, Arizona is
doing more than talking about it.  They recently opened a vending facility
at a Swift Transportation center.  The operation includes a cafeteria,
vending, and games.  It instantly became the Arizona BEP's second largest
vending facility in terms of gross sales.  We are hearing positive things
about the operation and Swift has operations in other states so there could
be opportunities for other states.  Congratulations to BEP Director Jason
Sauer and the Committee of Blind Vendors for being willing to take the
plunge.  

 

On the Road Again-We found ourselves back out on the road the last two
months which is par for the course.  Kevan Worley was in Nebraska for their
annual BEP meeting.  Nicky Gacos and Terry Smith were in New York.  Terry
was also in Pennsylvania for their annual meeting.  We will be in Georgia,
Illinois, Colorado, Michigan, and Delaware over the coming months.  Terry
was also in Illinois, where he facilitated a strategic planning session.
The meeting focused on developing goals and strategies to help grow the
program.  He also conducted staff training for staff and the Committee of
Blind Vendors in Pennsylvania.  

 

Last Call for BLAST-Hurry!  Time is running out.  BLAST is a little over a
month away.  Hotel rooms at the Austin Renaissance are selling at a quicker
pace than normal.  Rooms are $129 per night, plus tax.  Training for State
Agency staff and attorney generals representing BEP and DVR programs begin
at 8:00 a.m.  Tuesday Nov. 18th.  There is a stellar lineup of education
choices for blind entrepreneurs beginning at 1:00 p.m. on the 18th.  For all
the details, and for assistance with registration or hotel reservations,
call 866-543-6808 ext. 14.  You can reserve your room and register for BLAST
at www.blindmerchants.org <http://www.blindmerchants.org/> .  On that site,
you will see releases about the conference as they are published.  You will
also see a preliminary agenda. The final agenda has not been released, as
more content is being added.  The diverse and empowering schedule of
training on Thursday afternoon, the 20th, and the appearance of blind
American Idol star Scott MacIntyre on Thursday evening will entice
conference attendees to stay through the banquet.  The National Federation
of the Blind Entrepreneur Initiative will hold a round table on Friday
morning, the 21st.  For those who wish to extend their stay for a little
Austin vacation, many rooms remain for that weekend. 

 

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.  Currently, 26 states participate and a
couple more may soon be coming on board.  We are very proud of this level of
participation.  You can help insure 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 set aside dollars, state or highway unassigned funds, and/or
federal dollars to pay for the membership/subscription service.  

 

Terry Smith

NFB Entrepreneurs Initiative 

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

(423) 468-4969

 

Whew!  Have things been hopping or what?  We don't expect things to slow
down anytime soon.  Be on the watch for our next Blitz in December.  Please
let us hear from you.  Tell us what is going on in your state.  What is
happening in one state affects what is going on in another, and the NFBEI is
the vehicle to keep everyone updated on what is going on out there.  

 

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SERVES.  WE WANT ALL BLIND ENTREPRENEURS AND BEP ADMINISTRATORS TO KNOW WHAT
THE NFBEI IS DOING

 

 

 

 

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Office: 1-866-543-6808

Cell: (303)929-2369

Fax: (719)527-0129

www.worleyenterprises.com <http://www.worleyenterprises.com/> 

 

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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