83_FR_16133 83 FR 16061 - Acquisition of Items for Which Federal Prison Industries Has a Significant Market Share

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)

Page Range16061-16061
FR Document2018-07715

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 Issue 72 (Friday, April 13, 2018)
[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



                                                                                Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Notices                                                16061

                                                 Description: CNCS seeks to renew the                  SUPPLEMENTARY INFORMATION:                            requires adding or omitting a product
                                               current information request with                           On November 19, 2009, a final rule                 category from the list.
                                               revisions to the survey administered in                 was published in the Federal Register at
                                                                                                       74 FR 59914, which amended the                        Jennifer Lee Hawes,
                                               2015 (OMB #3045–0170). Information
                                               will be collected from a nationally                     Defense Federal Acquisition Regulation                Regulatory Control Officer, Defense
                                                                                                       Supplement (DFARS) subpart 208.6 to                   Acquisition Regulations System.
                                               representative sample of AmeriCorps
                                                                                                       implement Section 827 of the National                 [FR Doc. 2018–07715 Filed 4–12–18; 8:45 am]
                                               alumni who served in AmeriCorps
                                               NCCC, AmeriCorps VISTA, and                             Defense Authorization Act for Fiscal                  BILLING CODE 5001–06–P

                                               AmeriCorps State and National                           Year 2008, Public Law 110–181. Section
                                               programs and completed their most                       827 changed DoD competition
                                                                                                       requirements for purchases from Federal               DEPARTMENT OF DEFENSE
                                               recent term of service 2, 5, or 10 years
                                               ago.                                                    Prison Industries, Inc. (FPI) by requiring
                                                                                                                                                             Department of the Army; Corps of
                                                 There are no revisions to the survey                  DoD to publish an annual list of product
                                                                                                                                                             Engineers
                                               instrument. The information collection                  categories for which FPI’s share of the
                                               will administered in the same manner to                 DoD market was greater than five                      Intent To Prepare an Environmental
                                               ensure comparability with the initial                   percent, based on the most recent fiscal              Impact Statement for the City of
                                               responses. CNCS also seeks to continue                  year data available. Product categories               Abilene, Texas, Cedar Ridge Reservoir
                                               using the current application until the                 on the current list, and the products                 Water Supply Project
                                               revised application is approved by                      within each identified product category,
                                               OMB. The current application is due to                  must be procured using competitive or                 AGENCY: Department of the Army, U.S.
                                               expire on 4/30/2018.                                    fair opportunity procedures in                        Army Corps of Engineers, DoD.
                                                 Type of Review: Renewal.                              accordance with DFARS 208.602–70.                     ACTION: Notice of intent.
                                                 Agency: Corporation for National and                     The Director, Defense Procurement
                                               Community Service.                                      and Acquisition Policy (DPAP), issued a               SUMMARY:   The U.S. Army Corps of
                                                 Title: AmeriCorps Alumni Outcome                      memorandum dated March 27, 2018,                      Engineers (USACE) is preparing an
                                               Study.                                                  that provided the current list of product             Environmental Impact Statement (EIS)
                                                 OMB Number: #3045–0170.                               categories for which FPI’s share of the               to analyze the direct, indirect, and
                                                 Agency Number: None.                                  DoD market is greater than five percent               cumulative effects of a proposed water
                                                 Affected Public: AmeriCorps Alumni                    based on fiscal year 2015 data from the               supply project, the Cedar Ridge
                                               who served during the period from 2008                  Federal Procurement Data System. The                  Reservoir, proposed by the City of
                                               until 2018.                                             product categories to be competed                     Abilene, TX. A Clean Water Act Section
                                                 Total Respondents: 3150.                              effective April 27, 2018, are the                     404 permit would be required for the
                                                 Frequency: One time.                                  following:                                            construction and operation of the
                                                 Average Time per Response: 22
                                                                                                       • 7125 (Cabinets, Lockers, Bins, and                  proposed Project since it would result in
                                               Minutes.                                                                                                      permanent and temporary impacts to
                                                                                                          Shelving)
                                                 Estimated Total Burden Hours: 1155
                                                                                                       • 7230 (Draperies, Awnings, and                       waters of the United States. The Project,
                                               Hours.                                                     Shades)                                            as proposed by the applicant, is
                                                 Total Burden Cost (capital/startup):                  • 8405 (Outerwear, Men’s)                             intended to provide approximately
                                               None.                                                   • 8420 (Underwear and Nightwear,
                                                 Total Burden Cost (operating/                                                                               34,400 acre-feet of new reliable water
                                                                                                          Mend’s)                                            supply to address additional water
                                               maintenance): None.
                                                                                                          The DPAP memorandum with the                       supply needs. The Cedar Ridge Project
                                                 Dated: March 30, 2018.                                                                                      would be a non-federal project
                                                                                                       current list of product categories for
                                               Mary Hyde,                                              which FPI has a significant market share              constructed, owned, and operated by
                                               Director of Research and Evaluation.                    is posted at: http://www.acq.osd.mil/                 the City of Abilene.
                                               [FR Doc. 2018–07683 Filed 4–12–18; 8:45 am]             dpap/cpic/cp/specific_policy_                         DATES: A public scoping meeting will be
                                               BILLING CODE 6050–28–P                                  areas.html#federal_prison.                            held May 16, 2018, 4:00 to 8:00 p.m., in
                                                                                                          The statute, as implemented, also                  Abilene, TX.
                                                                                                       requires DoD to—                                      ADDRESSES: The scoping meeting
                                               DEPARTMENT OF DEFENSE                                      (1) Include FPI in the solicitation                location will be at the Abilene
                                                                                                       process for these items. A timely offer               Convention Center, 1100 North 6th
                                               Defense Acquisition Regulations                         from FPI must be considered and award                 Street, Abilene, TX.
                                               System                                                  procedures must be followed in
                                                                                                                                                             FOR FURTHER INFORMATION CONTACT:
                                               [Docket No. DARS–2018–0022]
                                                                                                       accordance with existing policy at
                                                                                                       Federal Acquisition Regulation (FAR)                  Questions and comments regarding the
                                                                                                       8.602(a)(4)(ii) through (v);                          proposed action and EIS should be
                                               Acquisition of Items for Which Federal                                                                        addressed to Mr. Frederick J. Land,
                                               Prison Industries Has a Significant                        (2) Continue to conduct acquisitions,
                                                                                                       in accordance with FAR subpart 8.6, for               Regulatory Project Manager, U.S. Army
                                               Market Share                                                                                                  Corps of Engineers, Regulatory Division,
                                                                                                       items from product categories for which
                                               AGENCY:   Department of Defense (DoD).                  FPI does not have a significant market                819 Taylor Street, Room 3A37, Fort
                                               ACTION:   Notice.                                       share. FAR 8.602 requires agencies to                 Worth, TX 76102; (817) 886–1731;
                                                                                                       conduct market research and make a                    cedarridge@usace.army.mil.
                                               SUMMARY:   DoD is publishing the                        written comparability determination, at               SUPPLEMENTARY INFORMATION: The
daltland on DSKBBV9HB2PROD with NOTICES




                                               updated annual list of product                          the discretion of the contracting officer.            USACE will be conducting a public
                                               categories for which the Federal Prison                 Competitive (or fair opportunity)                     scoping meeting (see DATES and
                                               Industries’ share of the DoD market is                  procedures are appropriate if the FPI                 ADDRESSES) to describe the proposed
                                               greater than five percent.                              product is not comparable in terms of                 Project, resources initially considered to
                                               DATES: Applicable Date: April 27, 2018.                 price, quality, or time of delivery; and              be affected, the NEPA compliance
                                               FOR FURTHER INFORMATION CONTACT: Greg                      (3) Modify the published list if DoD               process, and to solicit input on the
                                               Snyder, telephone 703–614–0719.                         subsequently determines that new data                 issues and alternatives to be evaluated


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Document Created: 2018-04-13 00:18:11
Document Modified: 2018-04-13 00:18:11
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.
DatesApplicable Date: April 27, 2018.
ContactGreg Snyder, telephone 703-614-0719.
FR Citation83 FR 16061 

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