[Federal Register Volume 80, Number 44 (Friday, March 6, 2015)]
[Pages 12157-12158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05270]



Defense Acquisition Regulations System

[Docket No. DARS-2015-0012]

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

ACTION: Notice.


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: Effective Date: March 29, 2015.

FOR FURTHER INFORMATION CONTACT: Sheila Harris, telephone 703-614-1333.

    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 27, 2015, that provides the current 
list of product

[[Page 12158]]

categories for which FPI's share of the DOD market is greater than five 
percent based on Fiscal Year 2014 data from the Federal Procurement 
Data System. The product categories to be competed effective March 29, 
2015, are the following:

 3990 (Miscellaneous Materials Handling Equipment)
 5210 (Measuring Tools, Craftsmen's)
 7110 (Office Furniture)
 7125 (Cabinets, Lockers, Bins and Shelving)
 7230 (Draperies, Awnings, and Shades)
 8405 (Outerwear, Men's)
 8410 (Outerwear, Women's)
 8415 (Clothing, Special Purpose)

    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/USA001110-15-DPAP.pdf.
    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 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 Council.
[FR Doc. 2015-05270 Filed 3-5-15; 8:45 am]