[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1982 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1982

To amend title III of the Federal Property and Administrative Services 
Act of 1949 to provide to contracting officers of the civilian agencies 
  the same authorities available to Department of Defense contracting 
 officers to competitively evaluate products offered by Federal Prison 
Industries, Inc., to assure that such products represent the best value 
    for the taxpayer dollars being expended, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 6, 2003

  Mrs. Maloney (for herself and Mr. Souder) introduced the following 
     bill; which was referred to the Committee on Government Reform

_______________________________________________________________________

                                 A BILL


 
To amend title III of the Federal Property and Administrative Services 
Act of 1949 to provide to contracting officers of the civilian agencies 
  the same authorities available to Department of Defense contracting 
 officers to competitively evaluate products offered by Federal Prison 
Industries, Inc., to assure that such products represent the best value 
    for the taxpayer dollars being expended, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PROCEDURAL REQUIREMENTS FOR CIVILIAN AGENCIES RELATING TO 
              PRODUCTS OF FEDERAL PRISON INDUSTRIES.

    Title III of the Federal Property and Administrative Services Act 
of 1949 (41 U.S.C. 251 et seq.) is amended by adding at the end the 
following new section:

``SEC. 318. PRODUCTS OF FEDERAL PRISON INDUSTRIES: PROCEDURAL 
              REQUIREMENTS.

    ``(a) Market Research.--Before purchasing a product listed in the 
latest edition of the Federal Prison Industries catalog under section 
4124(d) of title 18, United States Code, the head of an executive 
agency shall conduct market research to determine whether the Federal 
Prison Industries product is comparable to products available from the 
private sector that best meet the executive agency's needs in terms of 
price, quality, and time of delivery.
    ``(b) Competition Requirement.--If the head of the executive agency 
determines that a Federal Prison Industries product is not comparable 
in price, quality, or time of delivery to products available from the 
private sector that best meet the executive agency's needs in terms of 
price, quality, and time of delivery, the agency head shall use 
competitive procedures for the procurement of the product or shall make 
an individual purchase under a multiple award contract. In conducting 
such a competition or making such a purchase, the agency head shall 
consider a timely offer from Federal Prison Industries.
    ``(c) Implementation by Head of Executive Agency.--The head of an 
executive agency shall ensure that--
            ``(1) the executive agency does not purchase a Federal 
        Prison Industries product or service unless a contracting 
        officer of the agency determines that the product or service is 
        comparable to products or services available from the private 
        sector that best meet the agency's needs in terms of price, 
        quality, and time of delivery; and
            ``(2) Federal Prison Industries performs its contractual 
        obligations to the same extent as any other contractor for the 
        executive agency.
    ``(d) Market Research Determination Not Subject to Review.--A 
determination by a contracting officer regarding whether a product or 
service offered by Federal Prison Industries is comparable to products 
or services available from the private sector that best meet an 
executive agency's needs in terms of price, quality, and time of 
delivery shall not be subject to review pursuant to section 4124(b) of 
title 18.
    ``(e) Performance as a Subcontractor.--(1) A contractor or 
potential contractor of an executive agency may not be required to use 
Federal Prison Industries as a subcontractor or supplier of products or 
provider of services for the performance of a contract of the executive 
agency by any means, including means such as--
            ``(A) a contract solicitation provision requiring a 
        contractor to offer to make use of products or services of 
        Federal Prison Industries in the performance of the contract;
            ``(B) a contract specification requiring the contractor to 
        use specific products or services (or classes of products or 
        services) offered by Federal Prison Industries in the 
        performance of the contract; or
            ``(C) any contract modification directing the use of 
        products or services of Federal Prison Industries in the 
        performance of the contract.
    ``(2) In this subsection, the term ``contractor'', with respect to 
a contract, includes a subcontractor at any tier under the contract.
    ``(f) Protection of Classified and Sensitive Information.--The head 
of an executive agency may not enter into any contract with Federal 
Prison Industries under which an inmate worker would have access to--
            ``(1) any data that is classified;
            ``(2) any geographic data regarding the location of--
                    ``(A) surface and subsurface infrastructure 
                providing communications or water or electrical power 
                distribution;
                    ``(B) pipelines for the distribution of natural 
                gas, bulk petroleum products, or other commodities; or
                    ``(C) other utilities; or
            ``(3) any personal or financial information about any 
        individual private citizen, including information relating to 
        such person's real property however described, without the 
        prior consent of the individual.
    ``(g) Definitions.--In this section:
            ``(1) The term `competitive procedures' has the meaning 
        given such term in section 4(5) of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 403(5)).
            ``(2) The term `market research' means obtaining specific 
        information about the price, quality, and time of delivery of 
        products available in the private sector through a variety of 
        means, which may include--
                    ``(A) contacting knowledgeable individuals in 
                government and industry;
                    ``(B) interactive communication among industry, 
                acquisition personnel, and customers; and
                    ``(C) interchange meetings or pre-solicitation 
                conferences with potential offerors.''.
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