10 U.S.C. § 3905: Products of Federal Prison Industries: procedural requirements

Before purchasing a product listed in the latest edition of the Federal Prison Industries catalog under section 4124(d) of title 18 for which Federal Prison Industries does not have a significant market share, the Secretary of Defense shall conduct market research to determine whether the product is comparable to products available from the private sector that best meet the needs of the Department in terms of price, quality, and time of delivery. If the Secretary determines that a Federal Prison Industries product described in paragraph (1) is not comparable in price, quality, or time of delivery to products of the private sector that best meets the needs of the Department in terms of price, quality, and time of delivery, the Secretary shall use competitive procedures for the procurement of the product, or shall make an individual purchase under a multiple award contract in accordance with the competition requirements applicable to such contract. In conducting such a competition, the Secretary shall consider a timely offer from Federal Prison Industries. The Secretary of Defense may purchase a product listed in the latest edition of the Federal Prison Industries catalog for which Federal Prison Industries has a significant market share only if the Secretary uses competitive procedures for the procurement of the product or makes an individual purchase under a multiple award contract in accordance with the competition requirements applicable to such contract. In conducting such a competition, the Secretary shall consider a timely offer from Federal Prison Industries. For purposes of this subsection, Federal Prison Industries shall be treated as having a significant share of the market for a product if the Secretary, in consultation with the Administrator of Federal Procurement Policy, determines that the Federal Prison Industries share of the Department of Defense market for the category of products including such product is greater than 5 percent. the Department of Defense does not purchase a Federal Prison Industries product or service unless a contracting officer of the Department determines that the product or service is comparable to products or services available from the private sector that best meet the Department’s needs in terms of price, quality, and time of delivery; and Federal Prison Industries performs its contractual obligations to the same extent as any other contractor for the Department of Defense. 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 the Department’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 . 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; 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 any contract modification directing the use of products or services of Federal Prison Industries in the performance of the contract. In this subsection, the term “contractor”, with respect to a contract, includes a subcontractor at any tier under the contract. any data that is classified; surface and subsurface infrastructure providing communications or water or electrical power distribution; pipelines for the distribution of natural gas, bulk petroleum products, or other commodities; or other utilities; or 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. The term “competitive procedures” has the meaning given such term in section 3012 of this title . contacting knowledgeable individuals in government and industry; interactive communication among industry, acquisition personnel, and customers; and interchange meetings or pre-solicitation conferences with potential offerors. Proposed revisions to the Department of Defense Supplement to the Federal Acquisition Regulation to implement this section shall be published not later than 90 days after the date of the enactment of this Act [ Dec. 2, 2002 ], and not less than 60 days shall be provided for public comment on the proposed revisions. Final regulations shall be published not later than 180 days after the date of the enactment of this Act and shall be effective on the date that is 30 days after the date of the publication.” Not later than 60 days after the date of the enactment of this Act [ Jan. 28, 2008 ], the Secretary of Defense shall publish a list of product categories for which Federal Prison Industries’ share of the Department of Defense market is greater than 5 percent, based on the most recent fiscal year for which data is available. The Secretary may modify the list published under paragraph (1) at any time if the Secretary determines that new data require adding a product category to the list or omitting a product category from the list. The Secretary shall carry out this subsection in consultation with the Administrator for Federal Procurement Policy.”