Acquisition of Items for Which Federal Prison Industries Has a Significant Market Share, 16479 [2013-06091]

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Download as PDF Federal Register / Vol. 78, No. 51 / Friday, March 15, 2013 / Notices DEPARTMENT OF DEFENSE Defense Acquisition Regulations System Acquisition of Items for Which Federal Prison Industries Has a Significant Market Share Department of Defense (DoD). Notice. AGENCY: ACTION: srobinson on DSK4SPTVN1PROD with NOTICES 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 Date: April 5, 2013. FOR FURTHER INFORMATION CONTACT: Sheila Harris, telephone 703–614–1254. SUPPLEMENTARY INFORMATION: Background On November 19, 2009, a final rule was published at 74 FR 59914 which amended the Defense Federal Acquisition Regulation Supplement (DFARS) 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 Defense Federal Acquisition Regulation Supplement (DFARS) 208.602–70. This notification provides an updated list of FPI product categories exceeding five percent of the DoD market, based on Fiscal Year 2012 data obtained from the Federal Procurement Data System. An identical list is also found in the Director, Defense Procurement and Acquisition Policy (DPAP) memorandum dated March 7, 2013. (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/USA00757912-DPAP.pdf). Accordingly, the updated product categories to be competed effective April 5, 2013, are: • 5220 (Inspection Gages and Precision Layout Tools) • 5335 (Metal Screening) • 7210 (Household Furnishings) • 7230 Draperies, Awnings, and Shades • 8405 (Outerwear, Men’s) VerDate Mar<14>2013 17:37 Mar 14, 2013 Jkt 229001 • 8415 (Clothing, Special Purpose) • 8465 (Individual Equipment) • 9905 (Signs, Advertising Displays and Identification Plates) The statute, as implemented also requires DoD to: (1) Include FPI in the solicitation process for items for which FPI’s share of the DoD market is greater than five percent; 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. (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. 2013–06091 Filed 3–14–13; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Department of the Army; Corps of Engineers Revised Notice of Intent To Prepare a joint Environmental Impact Statement/ Environmental Impact Report for the Southport Sacramento River Early Implementation Project, West Sacramento, CA Department of the Army, U.S. Army Corps of Engineers; DoD. ACTION: Notice of Intent. AGENCY: SUMMARY: This notice is a revision of the Notice of Intent published August 26, 2011 (76 FR 53423). Pursuant to the National Environmental Policy Act of 1969, as amended, and the California Environmental Quality Act (CEQA), the U.S. Army Corps of Engineers (USACE) is preparing an Environmental Impact Statement/Environmental Impact Report (EIS/EIR) under Section 14 of the Rivers and Harbors Act of 1899 (as amended) (33 U.S.C. 408), and Section 404 of the Clean Water Act (33 U.S.C. 1344), for the proposed Southport Sacramento PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 16479 River Early Implementation Project (EIP), sponsored by the West Sacramento Area Flood Control Agency (WSAFCA). Figures of the project area can be viewed at http:// www.cityofwestsacramento.org/city/ flood. WSAFCA is planning the Southport Sacramento River EIP to implement flood-risk management measures along the Sacramento River South Levee in the City of West Sacramento, Yolo County, CA. Since publication of the 2011 Notice of Intent, WSAFCA has expanded the study area to include additional potential soil borrow sites. Material from these borrow sites may be used as part of project construction. The potential construction area extends along the right (west) bank of the Sacramento River south of the Barge Canal downstream approximately 6 miles to the South Cross Levee, adjacent to the Southport community of West Sacramento. The potential soil borrow sites are located to the east and west of southern Jefferson Blvd.; adjacent to the construction area; immediately west of the Sacramento Deep Water Ship Channel; and south of the South Cross Levee. In order to implement the project, the sponsor must receive permission from USACE to alter the Federal project under Section 14 of the Rivers and Harbors Act of 1899 (as amended) (33 U.S.C. 408 or, Section 408). USACE also has authority under Section 404 of the Clean Water Act (33 U.S.C. 1344) over activities involving the discharge of dredged or fill material to waters of the United States, which are known to be in the project area. The project would bring the levee up to current Federal and state levee design standards, and provide some opportunities for ecosystem restoration and public recreation. USACE, acting as the federal lead agency under NEPA, and WSAFCA, acting as the state lead agency under the CEQA in coordination with the Central Valley Flood Protection Board, have determined that an EIS/EIR should be prepared to describe alternatives, potential environmental effects, and mitigation measures. DATES: Written comments regarding the scope of the environmental analysis should be received by April 8, 2013. ADDRESSES: Written comments concerning this study and requests to be included on the Southport Sacramento River Early Implementation Project mailing list should be submitted to Ms. Tanis Toland, U.S. Army Corps of Engineers, Sacramento District, Attn: Planning Division (CESPK–PD–R), 1325 J Street, Sacramento, CA 95814. FOR FURTHER INFORMATION CONTACT: Ms. Tanis Toland via telephone at (916) E:\FR\FM\15MRN1.SGM 15MRN1

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[Federal Register Volume 78, Number 51 (Friday, March 15, 2013)]
[Notices]
[Page 16479]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06091]



[[Page 16479]]

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System


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

AGENCY: Department of Defense (DoD).

ACTION: Notice.

-----------------------------------------------------------------------

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 Date: April 5, 2013.

FOR FURTHER INFORMATION CONTACT: Sheila Harris, telephone 703-614-1254.

SUPPLEMENTARY INFORMATION:

Background

    On November 19, 2009, a final rule was published at 74 FR 59914 
which amended the Defense Federal Acquisition Regulation Supplement 
(DFARS) 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 
Defense Federal Acquisition Regulation Supplement (DFARS) 208.602-70.
    This notification provides an updated list of FPI product 
categories exceeding five percent of the DoD market, based on Fiscal 
Year 2012 data obtained from the Federal Procurement Data System. An 
identical list is also found in the Director, Defense Procurement and 
Acquisition Policy (DPAP) memorandum dated March 7, 2013. (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/USA007579-12-DPAP.pdf).
    Accordingly, the updated product categories to be competed 
effective April 5, 2013, are:

     5220 (Inspection Gages and Precision Layout Tools)
 5335 (Metal Screening)
 7210 (Household Furnishings)
 7230 Draperies, Awnings, and Shades
 8405 (Outerwear, Men's)
 8415 (Clothing, Special Purpose)
 8465 (Individual Equipment)
 9905 (Signs, Advertising Displays and Identification Plates)

    The statute, as implemented also requires DoD to:
    (1) Include FPI in the solicitation process for items for which 
FPI's share of the DoD market is greater than five percent; 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.
    (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. 2013-06091 Filed 3-14-13; 8:45 am]
BILLING CODE 5001-06-P