View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML
DOD/DARC RIN: 0750-AH00 Publication ID: Spring 2011 
Title: ●Evaluated Priced Options on Existing Federal Prison Industries Contracts 
Abstract: This rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to provide clarification to contracting officers and other acquisition officials regarding application of section 827 of the National Defense Authorization Act for Fiscal Year 2008 to exercise of evaluated priced options in existing Federal Prison Industries (FPI) contracts or other existing prime contracts for a product for which FPI is a mandatory source. On November 19, 2009, a final rule was published at 74 FR 59914, which amended the DFARS to implement section 827 of the National Defense Authorization Act (NDAA) for Fiscal Year 2008. Section 827 changed competition requirements for purchases from FPI. The statute requires DoD to use competitive procedures when procuring products for which FPI has a significant market share. However, if an existing FPI contract, or an existing prime contract for a product for which FPI is a mandatory source, includes an option clause and a priced option (or options) that was evaluated and awarded prior to the publication of the current list of Federal Supply Classification (FSC) items to be competed, the contracting officer may determine whether— • Competing the product will have no adverse impact on meeting mission requirements; or, conversely, • There is not a reasonable amount of time to solicit the product for competition. If the evaluated priced option is exercised based on the latter determination, the contracting officer is not allowed to award a subsequent evaluated option to FPI without competition, if the item remains on the list. DoD does not expect this rule to have a significant cost or administrative impact on contractors or offerors because the procedures for purchasing from Federal Prison Industries already exist within the FAR. However, DoD will invite comments from small business concerns and other interested parties on the expected impact of this rule on small entities. 
Agency: Department of Defense(DOD)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 48 CFR ch 2     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 41 USC 421    PL 110-181   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Interim Final Rule  To Be Determined    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Ynette R. Shelkin
Editor, Defense Acquisition Regulations System
Department of Defense
Defense Acquisition Regulations Council
OUSD/AT&L DPAP/DARS, 3060 Defense Pentagon, Room 3B855,
Washington, DC 20301-3060
Phone:571 372-6089
Email: ynette.shelkin@osd.mil