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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: November 14, 2003

SUBJECT: Defense Federal Acquisition Regulation Supplement (DFARS); Competition Requirements for Purchases from the Federal Prison Industries (FPI)

SOURCE: Federal Register, November 14, 2003, Vol. 68, No. 220, page 64559

AGENCIES: Department of Defense (DOD)

ACTION: Final Rule

SYNOPSIS: DOD is amending DFARS Subpart 208.6, Acquisition from Federal Prison Industries, Inc., to implement Section 811 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 101-107) and Section 819 of the National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314). Section 811 of Public Law 107-107 requires that contracting officers conduct market research before purchasing a product listed in the Federal Prison Industries (FPI) catalog, and Section 819 of Public Law 107-314 clarifies Section 811.

EDITOR'S NOTE: For more on the proposed rule being finalized, see the May 15, 2003, FEDERAL CONTRACTS DISPATCH "Defense Federal Acquisition Regulation Supplement (DFARS); Competition Requirements for Purchases from Federal Prison Industries (FPI)."

For more on the interim rule that originally implemented Section 811 of Public Law 107-107, see the April 26, 2002, FEDERAL CONTRACTS DISPATCH "Defense Federal Acquisition Regulation Supplement (DFARS); Competition Requirements for Purchases from Federal Prison Industries (FPI)."

For more on the acquisition-related provisions of Public Law 107-107, see the January 2, 2002, FEDERAL CONTRACTS DISPATCH "Enactment of the National Defense Authorization Act for Fiscal Year 2002."

For more on the acquisition-related provisions of Public Law 107-314, see the December 3, 2002, FEDERAL CONTRACTS DISPATCH "Enactment of the National Defense Authorization Act for Fiscal Year 2003."

EFFECTIVE DATE: December 15, 2003. (EDITOR'S NOTE: The DFARS hyperlinks below are not active until December 15, 2003. Until December 15, 2003, view the DFARS changes at the Federal Register site at http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/03-28440.htm).

FOR FURTHER INFORMATION CONTACT: Michele Peterson, Defense Acquisition Regulations Council, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062; 703-602-0311; fax: 703-602-0350.

SUPPLEMENTAL INFORMATION: Section 811 of Public Law 107-107 provided that:

On April 26, 2002, DOD published an interim rule implementing Section 811, and invited comments. In addition, DOD conducted a public meeting on June 2, 2002, to hear the views of interested parties. Approximately 60 persons attended the public meeting, and 43 sources submitted written comments in response to the interim rule.

Section 819 of Public Law 107-314 clarified Section 811 by:

On May 15, 2003, DOD published a proposed rule to further implement the requirements of Section 811 of Public Law 107-107 and Section 819 of Public Law 107-314. Comments received in response to the April 26, 2002, interim rule were considered in the development of the proposed rule. DOD received 16 comments in response to the proposed rule, but has decided to adopt the proposed rule as final without changes.

This final rule makes the following changes to the DFARS:

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2003 by Panoptic Enterprises. All Rights Reserved.

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