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

On March 29, 2022, the Department of Defense published in the Federal Register (87 FR 18001 Acquisition of Items for Which Federal Prison Industries Has a Significant Market Share

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.

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 16, 2022, 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 2021 data from the Federal Procurement Data System. The product categories to be competed effective April 15, 2022, are the following:

• 7125 (Cabinets, Lockers, Bins, and Shelving)
• 8105 (Bags and Sacks)
• 8405 (Outerwear, Men's)
• 8415 (Clothing, Special Purpose)
• 8420 (Underwear and Nightwear, Men's)

The list is unchanged from the one issued in 2021.