H.R.4743 - Federal Prison Industries Competition in Contracting Act101st Congress (1989-1990)
|Sponsor:||Rep. Coble, Howard [R-NC-6] (Introduced 05/08/1990)|
|Committees:||House - Judiciary|
|Latest Action:||05/15/1990 Referred to the Subcommittee on Courts, Intellectual Property, and the Administration of Justice. (All Actions)|
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Summary: H.R.4743 — 101st Congress (1989-1990)All Bill Information (Except Text)
Introduced in House (05/08/1990)
Federal Prison Industries Competition in Contracting Act - Amends the Federal criminal code to require the Federal Prison Industries (FPI) to publish and update biannually a catalog of all specific products and services it offers for sale.
Requires a buying activity of a Federal department, agency, or institution (entity) which has a requirement for a product or service listed in the catalog to solicit offers from FPI and other offerors, unless its requirements can be met by a delivery order for such specific product pursuant to a Federal Supply Schedule contract of the General Services Administration (GSA) or other indefinite delivery or indefinite quantity contract.
Authorizes the Attorney General to direct that the buying activity withdraw the solicitation and consider awarding the contract to FPI using noncompetitive negotiation procedures if the Attorney General has determined that: (1) an award cannot reasonably be expected to be made to FPI on a competitive basis; (2) FPI has not captured more than a reasonable share of the market among Federal entities for the specific product or products as of October 1, 1991; and (3) it is necessary to use noncompetitive procedures to prevent a significant decline in the number of inmates who are working in the prison workshop which manufactures the specific product to be purchased or to enable FPI to diversify into labor-intensive manufacture of a new specific product approved by the FPI board of directors.
Sets forth procedures with respect to notification of solicitation withdrawal, price arbitration by the Administrator of the Office of Federal Procurement Policy (currently, by a board consisting of the Comptroller General of the United States, the Administrator of General Services, and the President, or their representatives), and resolicitation of bids (where noncompetitive negotiations with FPI are terminated following arbitration).
Requires: (1) each Federal entity to report to the GSA its acquisitions of products and services from FPI; and (2) FPI to annually compile a report on its sales activities with Federal entities during the preceding year.
Specifies that whenever FPI, pursuant to a contract with the Department of Defense or a Defense agency, enters into a subcontract or supply contract with certain small business concerns and minority institutions, the value of such subcontract or supply contract shall apply toward furtherance of the five percent goal established under the National Defense Authorization Act for FY 1987 to set aside five percent of specified Department of Defense procurement funds for contracts with small businesses, historically Black colleges and universities, and minority institutions.