Acquisition of Items for Which Federal Prison Industries Has a Significant Market Share, 24455-24456 [2024-07405]
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Federal Register / Vol. 89, No. 68 / Monday, April 8, 2024 / Notices
Unmitigable Adverse Impact Analysis
and Determination
There are no relevant subsistence uses
of the affected marine mammal stocks or
species implicated by this action.
Therefore, NMFS has determined that
the total taking of affected species or
stocks would not have an unmitigable
adverse impact on the availability of
such species or stocks for taking for
subsistence purposes.
Endangered Species Act
Section 7(a)(2) of the ESA of 1973 (16
U.S.C. 1531 et seq.) requires that each
Federal agency insure that any action it
authorizes, funds, or carries out is not
likely to jeopardize the continued
existence of any endangered or
threatened species or result in the
destruction or adverse modification of
designated critical habitat. To ensure
ESA compliance for the issuance of
IHAs, NMFS consults internally
whenever we propose to authorize take
for endangered or threatened species.
No incidental take of ESA-listed
species is proposed for authorization or
expected to result from this activity.
Therefore, NMFS has determined that
formal consultation under section 7 of
the ESA is not required for this action.
lotter on DSK11XQN23PROD with NOTICES1
Proposed Authorization
As a result of these preliminary
determinations, NMFS proposes to issue
an IHA to AGP for conducting pile
driving activities at the Port from July
16, 2024 through July 15, 2025,
provided the previously mentioned
mitigation, monitoring, and reporting
requirements are incorporated. A draft
of the proposed IHA can be found at:
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
incidental-take-authorizationsconstruction-activities.
Request for Public Comments
We request comment on our analyses,
the proposed authorization, and any
other aspect of this notice of proposed
IHA for the proposed pile driving by
AGP. We also request comment on the
potential renewal of this proposed IHA
as described in the paragraph below.
Please include with your comments any
supporting data or literature citations to
help inform decisions on the request for
this IHA or a subsequent renewal IHA.
On a case-by-case basis, NMFS may
issue a one-time, one-year renewal IHA
following notice to the public providing
an additional 15 days for public
comments when (1) up to another year
of identical or nearly identical activities
as described in the Description of
Proposed Activity section of this notice
is planned; or (2) the activities as
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16:37 Apr 05, 2024
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described in the Description of
Proposed Activity section of this notice
would not be completed by the time the
IHA expires and a renewal would allow
for completion of the activities beyond
that described in the Dates and Duration
section of this notice, provided all of the
following conditions are met:
• A request for renewal is received no
later than 60 days prior to the needed
renewal IHA effective date (recognizing
that the renewal IHA expiration date
cannot extend beyond one year from
expiration of the initial IHA).
• The request for renewal must
include the following:
1. An explanation that the activities to
be conducted under the requested
renewal IHA are identical to the
activities analyzed under the initial
IHA, are a subset of the activities, or
include changes so minor (e.g.,
reduction in pile size) that the changes
do not affect the previous analyses,
mitigation and monitoring
requirements, or take estimates (with
the exception of reducing the type or
amount of take).
2. A preliminary monitoring report
showing the results of the required
monitoring to date and an explanation
showing that the monitoring results do
not indicate impacts of a scale or nature
not previously analyzed or authorized.
• Upon review of the request for
renewal, the status of the affected
species or stocks, and any other
pertinent information, NMFS
determines that there are no more than
minor changes in the activities, the
mitigation and monitoring measures
will remain the same and appropriate,
and the findings in the initial IHA
remain valid.
Dated: April 1, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2024–07338 Filed 4–5–24; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
[Docket No. DARS–2024–0012]
Acquisition of Items for Which Federal
Prison Industries Has a Significant
Market Share
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Notice.
AGENCY:
DoD is publishing the
updated annual list of product
SUMMARY:
PO 00000
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Fmt 4703
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24455
categories for which the Federal Prison
Industries’ share of the DoD market is
greater than five percent.
DATES: April 26, 2024.
FOR FURTHER INFORMATION CONTACT: Greg
Snyder, 571–217–4920.
SUPPLEMENTARY INFORMATION: On
November 19, 2009, a final rule was
published in the Federal Register 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 for Fiscal
Year 2008 (Pub. L. 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 Principal Director, Defense
Pricing and Contracting (DPC), issued a
memorandum dated March 26, 2024,
that provided the current list of product
categories for which FPI’s share of the
DoD market is greater than five percent
based on fiscal year 2023 data from the
Federal Procurement Data System. The
product categories to be competed
effective April 26, 2024, are the
following:
• 3990 (Miscellaneous Materials
Handling Equipment)
• 7110 (Office Furniture)
• 7210 (Household Furnishings)
• 8105 (Bags and Sacks)
• 8410 (Outerwear, Women’s)
• 8415 (Clothing, Special Purpose)
• 8420 (Underwear and Nightwear,
Men’s)
The DPC 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/USA00044324-DPC.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 conduct acquisitions,
in accordance with FAR subpart 8.6, for
items from product categories for which
FPI does not have a significant market
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Federal Register / Vol. 89, No. 68 / Monday, April 8, 2024 / Notices
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) Modify the published list if DoD
subsequently determines that new data
requires adding or omitting a product
category from the list.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition
Regulations System.
[FR Doc. 2024–07405 Filed 4–5–24; 8:45 am]
BILLING CODE 6001–FR–P
DEPARTMENT OF DEFENSE
Office of the Secretary
Defense Advisory Committee on
Diversity and Inclusion; Notice of
Federal Advisory Committee Meeting
Under Secretary of Defense for
Personnel and Readiness (USD(P&R)),
Department of Defense (DoD).
ACTION: Notice of Federal Advisory
Committee meeting.
AGENCY:
DoD is publishing this notice
to announce that the following Federal
Advisory Committee meeting of the
Defense Advisory Committee on
Diversity and Inclusion (DACODAI) will
occur.
DATES: DACODAI will hold an open-tothe-public meeting—Thursday, May 2,
2024, from 9:00 a.m. to 12:20 p.m.
Eastern Daylight Time (EDT) and
Friday, May 3, 2024, from 9:00 a.m. to
12:20 p.m. EDT.
ADDRESSES: The in-person meeting will
be held at the Association of the United
States Army Conference and Event
Center, 2425 Wilson Blvd., Arlington,
VA 22201. In addition, the meeting will
be held via videoconference. Participant
access information will be provided
after registering.
FOR FURTHER INFORMATION CONTACT: Ms.
Shirley Raguindin, (571) 645–6952
(voice), osd.mc-alex.ousd-pr.mbx.dacodai@mail.mil (email).
Additional information is also available
at the DACODAI website: https://
www.dhra.mil/DACODAI.
SUPPLEMENTARY INFORMATION: This
meeting is being held under the
provisions of chapter 10 of title 5,
United States Code (U.S.C.) (commonly
known as the ‘‘Federal Advisory
Committee Act’’ or ‘‘FACA’’), 5 U.S.C.
552b (commonly known as the
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SUMMARY:
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16:37 Apr 05, 2024
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‘‘Government in the Sunshine Act’’),
and 41 CFR 102–3.140 and 102–3.150.
Availability of Materials for the
Meeting: Additional information,
including the agenda or any updates to
the agenda, is available on the
DACODAI website: https://
www.dhra.mil/DACODAI/. Materials
presented in the meeting may also be
obtained on the DACODAI website.
Purpose of the Meeting: The purpose
of the meeting is for the DACODAI to
receive briefings and have discussions
on topics related to racial/ethnic
diversity, inclusion, and equal
opportunity within the Armed Forces of
the United States.
Agenda: Thursday, May 2, 2024, from
9:00 a.m. to 12:20 p.m. EDT. The
DACODAI will begin in an open session
with opening remarks by Ms. Shirley
Raguindin, the Designated Federal
Officer (DFO) and the DACODAI’s
Chair, Gen. (Ret.) Lester Lyles. The
DACODAI will receive the following
briefings: (1) the Center for Naval
Analysis by Dr. Elizabeth Clelan,
Research Program Director, Navy
Human Resources Program; (2) the
Office of Force Resiliency (OFR),
Violence Prevention Cell and Office of
People Analytics—Command Climate
Assessment and the Defense
Organizational Climate Survey by Dr.
Rachel Clare, Evaluation Specialist,
OFR, and Dr. Ashlea Klahr, Acting
Director, DoD OPA; and (3) the
Department of Defense Talent
Management by Mr. Brynt Parmeter,
Chief Talent Management Officer,
OUSD(P&R). Closing remarks will be
provided by the Chair, Gen. (Ret.) Lyles,
and Ms. Shirley Raguindin, DACODAI
DFO, will adjourn the meeting.
Friday, May 3, 2024, from 9:00 a.m. to
12:20 p.m. EDT, the DACODAI will
begin in an open session with opening
remarks by Ms. Shirley Raguindin, the
DFO and the DACODAI’s Chair, Gen.
(Ret.) Lester Lyles. The DACODAI will
receive the following briefings: (1) the
Central Intelligence Agency (CIA)
Strategy by Mr. Jerry Laurienti, Chief
Diversity and Inclusion Officer, CIA,
Ms. Helene Diiorio, CIA Director’s
External Communications; (2) RAND
Studies: (1) Impact of Eligibility
Requirements and Propensity to Serve
on Demographic Representation in the
Department of the Air Force by Dr.
Louse Mariano, Senior Statistician,
RAND; and (2) Envisioning a New
Racial Grievance Reporting and Redress
System for the U.S. Military Focused
Analysis on the Department of the Air
Force by Dr. Dwayne Butler, Senior
Management Scientist, Professor of
Policy Analyses, Pardee RAND Graduate
School; (3) DoD Inspector General
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
(DoDIG) Military Leadership Diversity
Commission Recap of Military Service
Component’s Progress by Ms. Aimee
Hughes, Project Manager, Evaluations,
DoDIG. Closing remarks will be
provided by the Chair, Gen. (Ret.) Lyles,
and Ms. Shirley Raguindin, DACODAI
DFO, will adjourn the meeting.
Meeting Accessibility: Pursuant to 5
U.S.C. 552b and 41 CFR 102–3.140 and
102–3.150, this meeting is open to the
public from 9:00 a.m. to 12:20 p.m. EDT
on May 2, 2024; and from 9:00 a.m. to
12:20 p.m. on May 3, 2024 EDT. The
meeting will be held via
videoconference. The number of
participants is limited and is on a firstcome basis. All members of the public
who wish to participate must register by
contacting DACODAI at osd.mcalex.ousd-p-r.mbx.dacodai@mail.mil or
by contacting Ms. Shirley Raguindin at
(571) 645–6952 no later than Friday,
April 26, 2024, (by 5:00 p.m. EDT).
Once registered, the web address and/or
audio number will be provided.
Special Accommodations: Individuals
requiring special accommodations to
access the public meeting should
contact Ms. Shirley Raguindin at
osd.mc-alex.ousd-p-r.mbx.dacodai@
mail.mil or (571) 645–6952 no later than
Friday, April 26, 2024, (by 5:00 p.m.
EDT) so appropriate arrangements can
be made.
Written Comments and Statements:
Pursuant to 41 CFR 102–3.140(c) and 41
CFR 102–3.105(j) and section 10(a)(3) of
the FACA, the public or interested
parties may submit written statements
to the DACODAI membership about the
DACODAI’s mission and functions.
Written statements may be submitted at
any time or in response to the stated
agenda of planned meetings of the
DACODAI. All written statements shall
be submitted to the DFO, Ms. Shirley
Raguindin, for the DACODAI, who will
ensure that the written statements are
provided to the membership for their
consideration. All written statements
will be submitted to mailing address,
4800 Mark Center Drive, Suite 06E22,
Alexandria, VA 22350. Members of the
public interested in making an oral
statement must submit a written
statement. If a statement is not received
by Friday, April 26, 2024, it may not be
provided to or considered by the
DACODAI during this biannual business
meeting. After reviewing the written
statements, the Chair and the DFO will
determine if the requesting person(s)
can make an oral presentation. The DFO
will review all timely submissions with
the DACODAI Chair and ensure they are
provided to the members of the
DACODAI.
E:\FR\FM\08APN1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 68 (Monday, April 8, 2024)]
[Notices]
[Pages 24455-24456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07405]
=======================================================================
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
[Docket No. DARS-2024-0012]
Acquisition of Items for Which Federal Prison Industries Has a
Significant Market Share
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
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: April 26, 2024.
FOR FURTHER INFORMATION CONTACT: Greg Snyder, 571-217-4920.
SUPPLEMENTARY INFORMATION: On November 19, 2009, a final rule was
published in the Federal Register 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 for
Fiscal Year 2008 (Pub. L. 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 Principal Director, Defense Pricing and Contracting (DPC),
issued a memorandum dated March 26, 2024, that provided the current
list of product categories for which FPI's share of the DoD market is
greater than five percent based on fiscal year 2023 data from the
Federal Procurement Data System. The product categories to be competed
effective April 26, 2024, are the following:
3990 (Miscellaneous Materials Handling Equipment)
7110 (Office Furniture)
7210 (Household Furnishings)
8105 (Bags and Sacks)
8410 (Outerwear, Women's)
8415 (Clothing, Special Purpose)
8420 (Underwear and Nightwear, Men's)
The DPC 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/USA000443-24-DPC.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 conduct acquisitions, in accordance with FAR
subpart 8.6, for items from product categories for which FPI does not
have a significant market
[[Page 24456]]
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) Modify the published list if DoD subsequently determines that
new data requires adding or omitting a product category from the list.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
[FR Doc. 2024-07405 Filed 4-5-24; 8:45 am]
BILLING CODE 6001-FR-P
