[Federal Register Volume 78, Number 51 (Friday, March 15, 2013)]
[Notices]
[Page 16479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06091]
[[Page 16479]]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
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 annual list of product categories for
which the Federal Prison Industries' share of the DoD Market is greater
than five percent.
DATES: Effective Date: April 5, 2013.
FOR FURTHER INFORMATION CONTACT: Sheila Harris, telephone 703-614-1254.
SUPPLEMENTARY INFORMATION:
Background
On November 19, 2009, a final rule was published at 74 FR 59914
which amended the Defense Federal Acquisition Regulation Supplement
(DFARS) 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
Defense Federal Acquisition Regulation Supplement (DFARS) 208.602-70.
This notification provides an updated list of FPI product
categories exceeding five percent of the DoD market, based on Fiscal
Year 2012 data obtained from the Federal Procurement Data System. An
identical list is also found in the Director, Defense Procurement and
Acquisition Policy (DPAP) memorandum dated March 7, 2013. (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/USA007579-12-DPAP.pdf).
Accordingly, the updated product categories to be competed
effective April 5, 2013, are:
5220 (Inspection Gages and Precision Layout Tools)
5335 (Metal Screening)
7210 (Household Furnishings)
7230 Draperies, Awnings, and Shades
8405 (Outerwear, Men's)
8415 (Clothing, Special Purpose)
8465 (Individual Equipment)
9905 (Signs, Advertising Displays and Identification Plates)
The statute, as implemented also requires DoD to:
(1) Include FPI in the solicitation process for items for which
FPI's share of the DoD market is greater than five percent; 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.
(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 System.
[FR Doc. 2013-06091 Filed 3-14-13; 8:45 am]
BILLING CODE 5001-06-P