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