[Federal Register Volume 79, Number 53 (Wednesday, March 19, 2014)]
[Notices]
[Pages 15322-15323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06034]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

[Docket No. DARS--2014--0022]


Defense Federal Acquisition Regulation Supplement; Acquisition of 
Items for Which Federal Prison Industries Has a Significant Market 
Share

AGENCY: Department of Defense.

ACTION: Notice.

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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 April 5, 2014.

FOR FURTHER INFORMATION CONTACT: Director, Defense Procurement and 
Acquisition Policy (DPAP), Contract Policy and International 
Contracting (CPIC), Room 5E621, 3060 Defense Pentagon, Washington, DC 
20301-3060, Attention: Ms. Sheila Harris, telephone 703-614-1333.

SUPPLEMENTARY INFORMATION: 

I. Background:

    On November 19, 2009, a final rule was published 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 (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 
DFARS 208.602-70.
    The Director, Defense Procurement and Acquisition Policy (DPAP) 
issued a memorandum dated February 24, 2014, 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 2013 data from the 
Federal Procurement Data System. The product categories to be competed 
effective April 5, 2014 are as follows:
     5335 (Metal Screening).
     7110 (Office Furniture).
     7125 (Cabinets, Lockers, Bins and Shelving).
     7230 (Draperies, Awnings, and Shades).
     7290 (Misc. Household and Commercial Furnishings and 
Appliances).
     8405 (Outerwear, Men's).
     8415 (Clothing, Special Purpose).
     8420 (Underwear and Nightwear, Men's).
     8465 (Individual Equipment).
     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

[[Page 15323]]

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: and
    (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. 2014-06034 Filed 3-18-14; 8:45 am]
BILLING CODE 5001-06-P