An amendment to extend the power of contracting officers for various civilian agencies by giving them the same power as the contracting officer for the Department of Defense.

1. 1

   Change 1: Inserts new text on page 22, line 3

   InsertsPrinted page

   Inserted: (i) Procedural Requirements for Civilian Agencies Relating to Products of Federal Prison Industries.--Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) is amended by adding at the end the following new section:

   Inserted: "SEC. 318. PRODUCTS OF FEDERAL PRISON INDUSTRIES: PROCEDURAL REQUIREMENTS.

   Inserted: "(a) Market Research.--Before purchasing a product listed in the latest edition of the Federal Prison Industries catalog under section 4124(d) of title 18, United States Code, the head of an executive agency shall conduct market research to determine whether the Federal Prison Industries product is comparable to products available from the private sector that best meet the executive agency's needs in terms of price, quality, and time of delivery.

   Inserted: "(b) Competition Requirement.--If the head of the executive agency determines that a Federal Prison Industries product is not comparable in price, quality, or time of delivery to products available from the private sector that best meet the executive agency's needs in terms of price, quality, and time of delivery, the agency head shall use competitive procedures for the procurement of the product or shall make an individual purchase under a multiple award contract. In conducting such a competition or making such a purchase, the agency head shall consider a timely offer from Federal Prison Industries.

   Inserted: "(c) Implementation by Head of Executive Agency.--The head of an executive agency shall ensure that--

   Inserted: "(1) the executive agency does not purchase a Federal Prison Industries product or service unless a contracting officer of the agency determines that the product or service is comparable to products or services available from the private sector that best meet the agency's needs in terms of price, quality, and time of delivery; and

   Inserted: "(2) Federal Prison Industries performs its contractual obligations to the same extent as any other contractor for the executive agency.

   Inserted: "(d) Market Research Determination Not Subject to Review.--A determination by a contracting officer regarding whether a product or service offered by Federal Prison Industries is comparable to products or services available from the private sector that best meet an executive agency's needs in terms of price, quality, and time of delivery shall not be subject to review pursuant to section 4124(b) of title 18.

   Inserted: "(e) Performance as a Subcontractor.--(1) A contractor or potential contractor of an executive agency may not be required to use Federal Prison Industries as a subcontractor or supplier of products or provider of services for the performance of a contract of the executive agency by any means, including means such as--

   Inserted: "(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;

   Inserted: "(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

   Inserted: "(C) any contract modification directing the use of products or services of Federal Prison Industries in the performance of the contract.

   Show 14 more inserted paragraphsShow less

   Inserted: "(2) In this subsection, the term "contractor", with respect to a contract, includes a subcontractor at any tier under the contract.

   Inserted: "(f) Protection of Classified and Sensitive Information.--The head of an executive agency may not enter into any contract with Federal Prison Industries under which an inmate worker would have access to--

   Inserted: "(1) any data that is classified;

   Inserted: "(2) any geographic data regarding the location of--

   Inserted: "(A) surface and subsurface infrastructure providing communications or water or electrical power distribution;

   Inserted: "(B) pipelines for the distribution of natural gas, bulk petroleum products, or other commodities; or

   Inserted: "(C) other utilities; or

   Inserted: "(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.

   Inserted: "(g) Definitions.--In this section:

   Inserted: "(1) The term 'competitive procedures' has the meaning given such term in section 4(5) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(5)).

   Inserted: "(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--

   Inserted: "(A) contacting knowledgeable individuals in government and industry;

   Inserted: "(B) interactive communication among industry, acquisition personnel, and customers; and

   Inserted: "(C) interchange meetings or pre-solicitation conferences with potential offerors.".

   Original wording

   Page 22, insert after line 3 the following:

2. 2

   Change 2: Replaces the period on page 17, line 15 with “or in accordance with section 2410n of title 10, United States Code, or section 318 of ti…”

   ReplacesPrinted page

   …[struck: .][inserted: or in accordance with section 2410n of title 10, United States Code, or section 318 of title III of the Federal Property and Administrative Services Act of 1949 (as added by subsection (i)).]

   Original wording

   Page 17, line 15, strike the period and insert the following: “or in accordance with section 2410n of title 10, United States Code, or section 318 of title III of the Federal Property and Administrative Services Act of 1949 (as added by subsection (i)).”.

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