< Back to H.R. 3745 (104th Congress, 1995–1996)

Text of the Federal Prison Industries Competition in Contracting Corrections Act of 1996

This bill was introduced on June 27, 1996, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jun 27, 1996 (Introduced).

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HR 3745 IH

104th CONGRESS

2d Session

H. R. 3745

To amend title 18, United States Code, to minimize unfair competition for Federal contracting opportunities between Federal Prison Industries and private firms, especially small business concerns, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

June 27, 1996

Mrs. MEYERS of Kansas (for herself, Mr. HOEKSTRA, Mr. CHRYSLER, Mr. MANZULLO, Mr. HILLEARY, Mr. BARCIA, Mr. HEFLEY, Mr. BARTLETT of Maryland, Mr. COLLINS of Georgia, Mr. OXLEY, Mr. EHLERS, Mr. TAYLOR of North Carolina, Mr. BALLENGER, Mr. UPTON, Mr. ENGLISH of Pennsylvania, Mr. COBLE, Mr. KNOLLENBERG, Mr. CALVERT, Mr. CHAMBLISS, Mr. CRAMER, Mr. BARR of Georgia, Mr. DEAL of Georgia, Mr. LINDER, Mr. EVERETT, Mr. SALMON, Mr. STUMP, Mr. BAKER of Louisiana, Mr. FLANAGAN, and Mr. QUILLEN) introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To amend title 18, United States Code, to minimize unfair competition for Federal contracting opportunities between Federal Prison Industries and private firms, especially small business concerns, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Federal Prison Industries Competition in Contracting Corrections Act of 1996’.

SEC. 2. PURCHASE OF PRISON-MADE PRODUCTS BY FEDERAL AGENCIES.

    Section 4124 of title 18, United States Code, is amended to read as follows:

‘Sec. 4124. Purchase of prison-made products by Federal departments and agencies

    ‘(a) PURCHASE OF PRISON-MADE PRODUCTS- Each Federal department and agency shall offer to purchase prison-made products in accordance with this section.

    ‘(b) REQUIREMENTS FOR PRISON-MADE PRODUCTS- (1) When a procurement activity of a Federal department or agency has a requirement for a specific product that is authorized to be offered for sale by Federal Prison Industries (in accordance with section 4122 of this title) and is listed in the catalog referred to in subsection (f), the procurement activity shall solicit an offer from Federal Prison Industries.

    ‘(2) A contract award for such product shall be made using competitive procedures in accordance with the specifications and evaluation factors specified in the solicitation.

    ‘(3) A contract award for such product may be made to Federal Prison Industries if the contracting officer for the procurement activity determines that--

      ‘(A) the prison-made product to be furnished will meet the requirements of the procurement activity (including any applicable prequalification requirements and all specified commercial or governmental standards pertaining to quality, testing, safety, serviceability, and warranties);

      ‘(B) timely performance of the contract can be reasonably expected; and

      ‘(C) the contract price does not exceed a current market price as established by the competition.

    ‘(c) PERFORMANCE BY FEDERAL PRISON INDUSTRIES- Federal Prison Industries shall be required to perform its contractual obligations under a contract awarded by a Federal department or agency to the same extent as any other contractor under such a contract.

    ‘(d) FINALITY OF CONTRACTING OFFICER’S DECISION- (1) A decision by a contracting officer regarding the award of a contract to Federal Prison Industries or relating to the performance of such contract shall be final, unless reversed on appeal pursuant to paragraph (2) or (3).

    ‘(2) The Director of Federal Prison Industries may appeal to the head of a Federal department or agency a decision by a contracting officer not to award a contract to Federal Prison Industries pursuant to subsection (b)(3). The decision of the head of a Federal department or agency on appeal shall be final.

    ‘(3) A dispute between Federal Prison Industries and a procurement activity regarding performance of a contract shall be subject to a final resolution by the board of contract appeals having jurisdiction over the procurement activity’s contract performance disputes pursuant to the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.).

    ‘(e) REPORTING OF PURCHASES- Each Federal department or agency shall report purchases from Federal Prison Industries to the Federal Procurement Data System (as referred to in section 6(d)(4) of the Office of Federal Procurement Policy Act (41 U.S.C. 405(d)(4))) in the same manner as it reports to such System any acquisition in an amount in excess of the simplified acquisition threshold (as defined by section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))).

    ‘(f) CATALOG OF PRODUCTS- Federal Prison Industries shall publish and maintain a catalog of all specific products and services that it is authorized to offer for sale. Such catalog shall be periodically revised as products and services are added or deleted by its Board of Directors (in accordance with section 4122(b) of this title).’.

SEC. 3. DEFINITIONS.

    Chapter 307 of title 18, United States Code, is amended by adding at the end thereof the following new section:

‘Sec. 4130. Definitions

    ‘As used in the chapter:

      ‘(1) The term ‘reasonable share of the market’ means a share of the total purchases by the Federal departments and agencies, as reported to the Federal Procurement Data System for any specific product during the 3 preceding fiscal years, that does not exceed 20 percent of the Federal market for the specific product.

      ‘(2) The term ‘specific product’ means a product that is designed and manufactured to meet requirements distinct in function and predominant material of manufacture from another product, as described by--

        ‘(A) the 7-digit classification for the product in the Standard Industrial Classification (SIC) Code published by the Office of Management and Budget (or if there is no 7-digit code classification for a product, the 5-digit code classification); and

        ‘(B) the 13-digit National Stock Number assigned to such product under the Federal Stock Classification System (including group, part number, and section), as determined by the General Services Administration.’.

SEC. 4. IMPLEMENTATION IN THE FEDERAL ACQUISITION REGULATION.

    (a) PROPOSED REVISIONS- Proposed revisions to the government-wide Federal Acquisition Regulation to implement the amendments made by this Act shall be published not later than 60 days after the date of the enactment of this Act and provide not less than 60 days for public comment.

    (b) FINAL REGULATIONS- 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 publication.

    (c) PUBLIC PARTICIPATION- The proposed regulations required by subsection (a) and the final regulations required by subsection (b) shall afford an opportunity for public participation in accordance with section 22 of the Office of Federal Procurement Policy Act (41 U.S.C. 418b).

SEC. 5. RULE OF CONSTRUCTION.

    Subsection (d) of section 4124 of title 18, United States Code, as amended by section 2, is not intended to alter any rights of any offeror other than Federal Prison Industries to file a bid protest in accordance with other law or regulation in effect on the date of the enactment of this Act.

SEC. 6. EFFECTIVE DATE AND APPLICABILITY.

    (a) EFFECTIVE DATE- Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of enactment of this Act.

    (b) APPLICABILITY- Section 4124 of title 18, United States Code, as amended by section 2, shall apply to any requirement for a product offered by Federal Prison Industries needed by a Federal department or agency after the effective date of the final regulations issued pursuant to section 3(b), or after March 31, 1997, whichever is earlier.