80_FR_12201 80 FR 12157 - Acquisition of Items for Which Federal Prison Industries Has a Significant Market Share

80 FR 12157 - Acquisition of Items for Which Federal Prison Industries Has a Significant Market Share

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

Federal Register Volume 80, Issue 44 (March 6, 2015)

Page Range12157-12158
FR Document2015-05270

DoD is publishing the updated annual list of product categories for which the Federal Prison Industries' share of the DoD market is greater than five percent.

Federal Register, Volume 80 Issue 44 (Friday, March 6, 2015) 
[Federal Register Volume 80, Number 44 (Friday, March 6, 2015)]
[Notices]
[Pages 12157-12158]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05270]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

[Docket No. DARS-2015-0012]


Acquisition of Items for Which Federal Prison Industries Has a 
Significant Market Share

ACTION: Notice.

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SUMMARY: DoD is publishing the updated annual list of product 
categories for which the Federal Prison Industries' share of the DoD 
market is greater than five percent.

DATES: Effective Date: March 29, 2015.

FOR FURTHER INFORMATION CONTACT: Sheila Harris, telephone 703-614-1333.

SUPPLEMENTARY INFORMATION: 
    I. Background: On November 19, 2009, a final rule was published at 
74 FR 59914 which amended the Defense Federal Acquisition Regulation 
Supplement (DFARS) subpart 208.6, to implement section 827 of the 
National Defense Authorization Act (NDAA) for Fiscal Year 2008, Public 
Law 110-181. Section 827 changed DoD competition requirements for 
purchases from Federal Prison Industries, Inc. (FPI) by requiring DoD 
to publish an annual list of product categories for which FPI's share 
of the DoD market was greater than five percent, based on the most 
recent fiscal year data available. Product categories on the current 
list, and the products within each identified product category, must be 
procured using competitive or fair opportunity procedures in accordance 
with DFARS 208.602-70.
    The Director, Defense Procurement and Acquisition Policy (DPAP) 
issued a memorandum dated February 27, 2015, that provides the current 
list of product

[[Page 12158]]

categories for which FPI's share of the DOD market is greater than five 
percent based on Fiscal Year 2014 data from the Federal Procurement 
Data System. The product categories to be competed effective March 29, 
2015, are the following:

 3990 (Miscellaneous Materials Handling Equipment)
 5210 (Measuring Tools, Craftsmen's)
 7110 (Office Furniture)
 7125 (Cabinets, Lockers, Bins and Shelving)
 7230 (Draperies, Awnings, and Shades)
 8405 (Outerwear, Men's)
 8410 (Outerwear, Women's)
 8415 (Clothing, Special Purpose)

    The DPAP memorandum with the current list of product categories for 
which FPI has a significant market share is posted at: http://www.acq.osd.mil/dpap/policy/policyvault/USA001110-15-DPAP.pdf.
    The statute as implemented also requires DoD to--
    (1) Include FPI in the solicitation process for these items; a 
timely offer from FPI must be considered; and award procedures must be 
followed in accordance with existing policy at Federal Acquisition 
Regulation (FAR) 8.602(a)(4)(ii) through (v);
    (2) Continue to be make acquisitions, in accordance with FAR 
Subpart 8.6, for items from product categories for which FPI does not 
have a significant market share. FAR 8.602 requires agencies to conduct 
market research and make a written comparability determination, at the 
discretion of the contracting officer. Competitive (or fair 
opportunity) procedures are appropriate if the FPI product is not 
comparable in terms of price, quality, or time of delivery; and
    (3) Section 827 allows modification of the published list if DoD 
subsequently determines that new data requires adding or omitting a 
product category from the list.

Manuel Quinones,
Editor, Defense Acquisition Regulations Council.
[FR Doc. 2015-05270 Filed 3-5-15; 8:45 am]
 BILLING CODE 5001-06-P

Federal Register / Vol. 80, No. 44 / Friday, March 6, 2015 / Notices 12157 part of a Federal Government-wide Comments Organizations, State, Local or Tribal effort to streamline the process to seek Government. No comments were received in feedback from the public on service Respondents: 10,000. response to the 60-day notice published delivery, OMB is coordinating the Annual responses: 10,000. in the Federal Register of March 5, 2014 development of the following proposed Frequency of Response: Once per (79 FR 12493). Generic Information Collection Request request. (Generic ICR): ‘‘Generic Clearance for Title: Generic Clearance for the Average minutes per response: 10. the Collection of Qualitative Feedback Collection of Qualitative Feedback on Burden hours: 1,667. on Agency Service Delivery’’ for Agency Service Delivery. An agency may not conduct or approval under the Paperwork Abstract: The information collection sponsor, and a person is not required to Reduction Act (PRA) (44 U.S.C. 3501 et activity will garner qualitative customer respond to, a collection of information seq.). This notice announces that CNCS and stakeholder feedback in an efficient, unless it displays a currently valid intends to submit collections to OMB timely manner, in accordance with the Office of Management and Budget for approval and solicit comments on Administration’s commitment to Control Number. specific aspects for the proposed improving service delivery. By Dated: March 3, 2015. information collection. qualitative feedback we mean Amy Borgstrom, DATES: Comments must be submitted information that provides useful insights on perceptions and opinions, Associate Director of Policy. April 6, 2015. [FR Doc. 2015–05300 Filed 3–5–15; 8:45 am] but are not statistical surveys that yield ADDRESSES: Comments may be quantitative results that can be BILLING CODE 6050–28–P submitted, identified by the title of the generalized to the population of study. information collection activity, to the This feedback will provide insights into Office of Information and Regulatory customer or stakeholder perceptions, DEPARTMENT OF DEFENSE Affairs, Attn: Ms. Sharon Mar, OMB experiences and expectations, provide Desk Officer for CNCS, by any of the an early warning of issues with service, Defense Acquisition Regulations following two methods within 30 days or focus attention on areas where System from the date of publication in the communication, training or changes in Federal Register: [Docket No. DARS–2015–0012] operations might improve delivery of (1) By fax to: 202–395–6974, products or services. These collections Attention: Ms. Sharon Mar, OMB Desk Acquisition of Items for Which Federal will allow for ongoing, collaborative and Prison Industries Has a Significant Officer for CNCS; and actionable communications between the Market Share (2) Electronically by email to: smar@ Agency and its customers and omb.eop.gov. stakeholders. It will also allow feedback ACTION: Notice. FOR FURTHER INFORMATION CONTACT: To to contribute directly to the request additional information, please improvement of program management. SUMMARY: DoD is publishing the contact Amy Borgstrom, Associate Feedback collected under this generic updated annual list of product Director of Policy, at 202–606–6930 or clearance will provide useful categories for which the Federal Prison email to aborgstrom@cns.gov. information, but it will not yield data Industries’ share of the DoD market is Individuals who use a that can be generalized to the overall greater than five percent. telecommunications device for the deaf population. This type of generic DATES: Effective Date: March 29, 2015. (TTY–TDD) may call 1–800–833–3722 clearance for qualitative information FOR FURTHER INFORMATION CONTACT: between 8:00 a.m. and 8:00 p.m. Eastern will not be used for quantitative Sheila Harris, telephone 703–614–1333. Time, Monday through Friday. information collections that are SUPPLEMENTARY INFORMATION: SUPPLEMENTARY INFORMATION: The OMB designed to yield reliably actionable I. Background: On November 19, is particularly interested in comments results, such as monitoring trends over 2009, a final rule was published at 74 which: time or documenting program FR 59914 which amended the Defense • Evaluate whether the proposed performance. Such data uses require Federal Acquisition Regulation collection of information is necessary more rigorous designs that address the Supplement (DFARS) subpart 208.6, to for the proper performance of the target population to which implement section 827 of the National functions of CNCS, including whether generalizations will be made, the Defense Authorization Act (NDAA) for the information will have practical sampling frame, the sample design Fiscal Year 2008, Public Law 110–181. utility; (including stratification and clustering), Section 827 changed DoD competition • Evaluate the accuracy of the the precision requirements or power requirements for purchases from Federal agency’s estimate of the burden of the calculations that justify the proposed Prison Industries, Inc. (FPI) by requiring proposed collection of information, sample size, the expected response rate, DoD to publish an annual list of product including the validity of the methods for assessing potential non- categories for which FPI’s share of the methodology and assumptions used; response bias, the protocols for data DoD market was greater than five • Propose ways to enhance the collection, and any testing procedures percent, based on the most recent fiscal quality, utility, and clarity of the that were or will be undertaken prior year data available. Product categories information to be collected; and fielding the study. Depending on the on the current list, and the products • Propose ways to minimize the degree of influence the results are likely mstockstill on DSK4VPTVN1PROD with NOTICES within each identified product category, burden of the collection of information to have, such collections may still be must be procured using competitive or on those who are to respond, including eligible for submission for other generic fair opportunity procedures in through the use of appropriate mechanisms that are designed to yield accordance with DFARS 208.602–70. automated, electronic, mechanical, or quantitative results. The Director, Defense Procurement other technological collection Type of Review: Renewal. and Acquisition Policy (DPAP) issued a techniques or other forms of information Affected Public: Individuals and memorandum dated February 27, 2015, technology. Households, Businesses and that provides the current list of product VerDate Sep<11>2014 18:59 Mar 05, 2015 Jkt 235001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\06MRN1.SGM 06MRN1

12158 Federal Register / Vol. 80, No. 44 / Friday, March 6, 2015 / Notices categories for which FPI’s share of the SUMMARY: The Department of Defense is Pursuant to 41 CFR 102–3.160, the DOD market is greater than five percent publishing this notice to announce a Administrative Work Meeting will be based on Fiscal Year 2014 data from the Federal Advisory Committee meeting of closed to the public. Federal Procurement Data System. The the Uniform Formulary Beneficiary Written Statements: Pursuant to 41 product categories to be competed Advisory Panel (hereafter referred to as CFR 102–3.140, the public or interested effective March 29, 2015, are the the Panel). organizations may submit written following: DATES: Thursday, March 26, 2015, from statements to the membership of the • 3990 (Miscellaneous Materials 9 a.m. to 1 p.m. Panel at any time or in response to the Handling Equipment) ADDRESSES: Naval Heritage Center stated agenda of a planned meeting. • 5210 (Measuring Tools, Craftsmen’s) Theater, 701 Pennsylvania Avenue NW., Written statements should be submitted • 7110 (Office Furniture) Washington, DC 20004. to the Panel’s Designated Federal Officer • 7125 (Cabinets, Lockers, Bins and (DFO). The DFO’s contact information FOR FURTHER INFORMATION CONTACT: Mr. Shelving) can be obtained from the General • 7230 (Draperies, Awnings, and William H. Blanche, Alternate DFO, Uniform Formulary Beneficiary Services Administration’s Federal Shades) Advisory Committee Act Database at • 8405 (Outerwear, Men’s) Advisory Panel, 7700 Arlington Boulevard, Suite 5101, Falls Church, VA http://facadatabase.gov/. • 8410 (Outerwear, Women’s) • 8415 (Clothing, Special Purpose) 22042–5101. Telephone: (703) 681– Written statements that do not pertain 2890. Fax: (703) 681–1940. Email to the scheduled meeting of the Panel The DPAP memorandum with the Address: Baprequests@dha.mil. may be submitted at any time. However, current list of product categories for which FPI has a significant market share SUPPLEMENTARY INFORMATION: This if individual comments pertain to a is posted at: http://www.acq.osd.mil/ meeting is being held under the specific topic being discussed at a dpap/policy/policyvault/USA001110- provisions of the Federal Advisory planned meeting, then these statements 15-DPAP.pdf. Committee Act of 1972 (title 5, United must be submitted no later than 5 The statute as implemented also States Code (U.S.C.), Appendix, as business days prior to the meeting in requires DoD to— amended) and the Government in the question. The DFO will review all (1) Include FPI in the solicitation Sunshine Act of 1976 (5 U.S.C. 552b, as submitted written statements and process for these items; a timely offer amended). provide copies to all the committee from FPI must be considered; and award Purpose of Meeting: The Panel will members. procedures must be followed in review and comment on Public Comments: In addition to accordance with existing policy at recommendations made to the Director written statements, the Panel will set Federal Acquisition Regulation (FAR) of Defense Health Agency, by the aside 1 hour for individuals or 8.602(a)(4)(ii) through (v); Pharmacy and Therapeutics Committee, interested groups to address the Panel. (2) Continue to be make acquisitions, regarding the Uniform Formulary. To ensure consideration of their in accordance with FAR Subpart 8.6, for Meeting Agenda comments, individuals and interested items from product categories for which groups should submit written FPI does not have a significant market 1. Sign-In statements as outlined in this notice; but share. FAR 8.602 requires agencies to 2. Welcome and Opening Remarks if they still want to address the Panel, conduct market research and make a 3. Public Citizen Comments then they will be afforded the written comparability determination, at 4. Scheduled Therapeutic Class Reviews opportunity to register to address the the discretion of the contracting officer. (Comments will follow each agenda Panel. The Panel’s DFO will have a Competitive (or fair opportunity) item) a. Pulmonary Artery Hypertension ‘‘Sign-Up Roster’’ available at the Panel procedures are appropriate if the FPI meeting for registration on a first-come, b. Transmucosal Immediate Release product is not comparable in terms of first-serve basis. Those wishing to Fentanyl Products price, quality, or time of delivery; and address the Panel will be given no more c. Oral Oncology Agents—Prostate I & II (3) Section 827 allows modification of than 5 minutes to present their 5. Designated Newly Approved Drugs in the published list if DoD subsequently comments, and at the end of the 1 hour Already-Reviewed Classes determines that new data requires time period, no further public 6. Pertinent Utilization Management adding or omitting a product category comments will be accepted. Anyone Issues from the list. 7. Panel Discussions and Vote who signs-up to address the Panel, but Manuel Quinones, Meeting Accessibility: Pursuant to 5 is unable to do so due to the time U.S.C. 552b, as amended, and 41 Code limitation, may submit their comments Editor, Defense Acquisition Regulations Council. of Federal Regulations (CFR) 102–3.140 in writing; however, they must through 102–3.165, and the availability understand that their written comments [FR Doc. 2015–05270 Filed 3–5–15; 8:45 am] of space, this meeting is open to the may not be reviewed prior to the Panel’s BILLING CODE 5001–06–P public. Seating is limited and will be deliberation. provided only to the first 220 people To ensure timeliness of comments for DEPARTMENT OF DEFENSE signing-in. All persons must sign-in the official record, the Panel encourages legibly. that individuals and interested groups Office of the Secretary Administrative Work Meeting: Prior to consider submitting written statements mstockstill on DSK4VPTVN1PROD with NOTICES the public meeting, the Panel will instead of addressing the Panel. Uniform Formulary Beneficiary conduct an Administrative Work Advisory Panel; Notice of Federal Dated: March 3, 2015. Meeting from 8:30 a.m. to 9 a.m. to Advisory Committee Meeting discuss administrative matters of the Aaron Siegel, Panel. The Administrative Work Alternate OSD Federal Register Liaison AGENCY: Assistant Secretary of Defense Officer, Department of Defense. (Health Affairs), DoD. Meeting will be held at the Naval Heritage Center, 701 Pennsylvania [FR Doc. 2015–05205 Filed 3–5–15; 8:45 am] ACTION: Notice of meeting. Avenue NW., Washington, DC 20004. BILLING CODE 5001–06–P VerDate Sep<11>2014 18:59 Mar 05, 2015 Jkt 235001 PO 00000 Frm 00021 Fmt 4703 Sfmt 9990 E:\FR\FM\06MRN1.SGM 06MRN1


Document Created: 2018-02-21 09:33:06
Document Modified: 2018-02-21 09:33:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesEffective Date: March 29, 2015.
ContactSheila Harris, telephone 703-614-1333.
FR Citation80 FR 12157 
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