81_FR_17115 81 FR 17057 - Acquisition of Items for Which Federal Prison Industries Has a Significant Market Share

81 FR 17057 - Acquisition of Items for Which Federal Prison Industries Has a Significant Market Share

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

Federal Register Volume 81, Issue 58 (March 25, 2016)

Page Range17057-17057
FR Document2016-06729

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 81 Issue 58 (Friday, March 25, 2016)
[Federal Register Volume 81, Number 58 (Friday, March 25, 2016)]
[Notices]
[Page 17057]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06729]



Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / 
Notices

[[Page 17057]]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

[Docket No. DARS-2016-0011]


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

AGENCY: Department of Defense (DoD).

ACTION: Notice.

-----------------------------------------------------------------------

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 April 7, 2016.

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

SUPPLEMENTARY INFORMATION: On November 19, 2009, a final rule was 
published in the Federal Register 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 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 March 8, 2016, that provided the current list 
of product categories for which FPI's share of the DoD market is 
greater than five percent based on fiscal year 2015 data from the 
Federal Procurement Data System. The product categories to be competed 
effective April 7, 2016, are the following:

 H946 (Other QC/Test/Inspect-Water Purification and Sewage 
Treatment Equipment)
 L071 (Technical Representative--Furniture)
 3990 (Miscellaneous Materials Handling Equipment)
 7210 (Household Furnishings)
 7230 (Draperies, Awnings, and Shades)
 8405 (Outerwear, Men's)
 8410 (Outerwear, Women's)
 8415 (Clothing, Special Purpose)
 8470 (Armor, Personal)
 9905 (Signs, Advertising Displays, and Identification Plates)

    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/cpic/cp/specific_policy_areas.html#federal_prison.
    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 conduct 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) Modify the published list if DoD subsequently determines that 
new data requires adding or omitting a product category from the list.

Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.
[FR Doc. 2016-06729 Filed 3-24-16; 8:45 am]
 BILLING CODE 5001-06-P



                                                                                   Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / Notices                                                 17057

                                                   DEPARTMENT OF DEFENSE                                   percent, based on the most recent fiscal              which FPI has a significant market share
                                                                                                           year data available. Product categories               is posted at: http://www.acq.osd.mil/
                                                   Defense Acquisition Regulations                         on the current list, and the products                 dpap/cpic/cp/specific_policy_
                                                   System                                                  within each identified product category,              areas.html#federal_prison.
                                                   [Docket No. DARS–2016–0011]                             must be procured using competitive or                    The statute, as implemented, also
                                                                                                           fair opportunity procedures in                        requires DoD to—
                                                   Acquisition of Items for Which Federal                  accordance with DFARS 208.602–70.
                                                                                                              The Director, Defense Procurement                     (1) Include FPI in the solicitation
                                                   Prison Industries Has a Significant                                                                           process for these items. A timely offer
                                                   Market Share                                            and Acquisition Policy (DPAP), issued a
                                                                                                           memorandum dated March 8, 2016, that                  from FPI must be considered and award
                                                   AGENCY:   Department of Defense (DoD).                  provided the current list of product                  procedures must be followed in
                                                   ACTION:   Notice.                                       categories for which FPI’s share of the               accordance with existing policy at
                                                                                                           DoD market is greater than five percent               Federal Acquisition Regulation (FAR)
                                                   SUMMARY:   DoD is publishing the                                                                              8.602(a)(4)(ii) through (v);
                                                                                                           based on fiscal year 2015 data from the
                                                   updated annual list of product                                                                                   (2) Continue to conduct acquisitions,
                                                                                                           Federal Procurement Data System. The
                                                   categories for which the Federal Prison                                                                       in accordance with FAR subpart 8.6, for
                                                                                                           product categories to be competed
                                                   Industries’ share of the DoD market is                                                                        items from product categories for which
                                                                                                           effective April 7, 2016, are the
                                                   greater than five percent.                                                                                    FPI does not have a significant market
                                                                                                           following:
                                                   DATES: Effective April 7, 2016.
                                                                                                           • H946 (Other QC/Test/Inspect–Water                   share. FAR 8.602 requires agencies to
                                                   FOR FURTHER INFORMATION CONTACT:                           Purification and Sewage Treatment                  conduct market research and make a
                                                   Sheila Harris, telephone 703–614–1333.                     Equipment)                                         written comparability determination, at
                                                   SUPPLEMENTARY INFORMATION: On                           • L071 (Technical Representative—                     the discretion of the contracting officer.
                                                   November 19, 2009, a final rule was                        Furniture)                                         Competitive (or fair opportunity)
                                                   published in the Federal Register at 74                 • 3990 (Miscellaneous Materials                       procedures are appropriate if the FPI
                                                   FR 59914, which amended the Defense                        Handling Equipment)                                product is not comparable in terms of
                                                   Federal Acquisition Regulation                          • 7210 (Household Furnishings)                        price, quality, or time of delivery; and
                                                   Supplement (DFARS) subpart 208.6 to                     • 7230 (Draperies, Awnings, and                          (3) Modify the published list if DoD
                                                   implement Section 827 of the National                      Shades)                                            subsequently determines that new data
                                                   Defense Authorization Act for Fiscal                    • 8405 (Outerwear, Men’s)                             requires adding or omitting a product
                                                   Year 2008, Public Law 110–181. Section                  • 8410 (Outerwear, Women’s)                           category from the list.
                                                   827 changed DoD competition                             • 8415 (Clothing, Special Purpose)
                                                   requirements for purchases from Federal                 • 8470 (Armor, Personal)                              Jennifer L. Hawes,
                                                   Prison Industries, Inc. (FPI) by requiring              • 9905 (Signs, Advertising Displays,                  Editor, Defense Acquisition Regulations
                                                   DoD to publish an annual list of product                   and Identification Plates)                         System.
                                                   categories for which FPI’s share of the                    The DPAP memorandum with the                       [FR Doc. 2016–06729 Filed 3–24–16; 8:45 am]
                                                   DoD market was greater than five                        current list of product categories for                BILLING CODE 5001–06–P
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Document Created: 2018-02-02 15:17:38
Document Modified: 2018-02-02 15:17:38
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 April 7, 2016.
ContactSheila Harris, telephone 703-614-1333.
FR Citation81 FR 17057 

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