83 FR 16061 - Acquisition of Items for Which Federal Prison Industries Has a Significant Market Share

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

Federal Register Volume 83, Issue 72 (April 13, 2018)

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 83, Number 72 (Friday, April 13, 2018)]
[Notices]
[Page 16061]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07715]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

[Docket No. DARS-2018-0022]


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

AGENCY: Department of Defense (DoD).

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: Applicable Date: April 27, 2018.

FOR FURTHER INFORMATION CONTACT: Greg Snyder, telephone 703-614-0719.

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 27, 2018, 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 27, 2018, are the following:

 7125 (Cabinets, Lockers, Bins, and Shelving)
 7230 (Draperies, Awnings, and Shades)
 8405 (Outerwear, Men's)
 8420 (Underwear and Nightwear, Mend's)

    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 Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
[FR Doc. 2018-07715 Filed 4-12-18; 8:45 am]
 BILLING CODE 5001-06-P