(a)
(2) 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.
(b)
(2) 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.
(c)
(1) 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
(2) Federal Prison Industries performs its contractual obligations to the same extent as any other contractor for the Department of Defense.
(d)
(e)
(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)
(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)
(1) The term "competitive procedures" has the meaning given such term in section 2302(2) of this title.
(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.
(Added Pub. L. 107–107, div. A, title VIII, §811(a)(1), Dec. 28, 2001, 115 Stat. 1180; amended Pub. L. 107–314, div. A, title VIII, §819(a)(1), Dec. 2, 2002, 116 Stat. 2612; Pub. L. 109–163, div. A, title X, §1056(c)(4), Jan. 6, 2006, 119 Stat. 3439; Pub. L. 110–181, div. A, title VIII, §827(a)(1), Jan. 28, 2008, 122 Stat. 228.)
Sections: Previous 2410f 2410g 2410i 2410j 2410k 2410l 2410m 2410n 2410o 2410p 2410q 2411 2412 2413 2414 Next
Last modified: October 26, 2015