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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: May 15, 2003

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

SOURCE: Federal Register, May 15, 2003, Vol. 68, No. 94, page 26265

AGENCIES: Department of Defense (DOD)

ACTION: Proposed Rule

SYNOPSIS: DOD is proposing to amend 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 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 notice of the June 3, 2002, meeting to discuss the interim rule, see the May 13, 2002, FEDERAL CONTRACTS DISPATCH "Meeting on 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."

DATES: Comments on the proposed rule must be submitted on or before July 14, 2003.

ADDRESSES: Respondents may submit comments directly on the web site at http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. As an alternative, respondents may e-mail comments to: dfars@acq.osd.mil. Also, respondents who cannot submit comments through the web site or by e-mail may submit comments to Defense Acquisition Regulations Council, Attn: Susan Schneider, OUSD(AT&L)DP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062, or by fax to 703-602-0350. Cite "DFARS Case 2002-D003" when making comments on this proposed rule.

FOR FURTHER INFORMATION CONTACT: Susan Schneider, 703-602-0326.

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:

This proposed rule further implements the requirements of Section 811 and implements Section 819 of Public Law 107-314. Comments received in response to the April 26, 2002, interim rule and during the June 3, 2002, meeting were considered in the development of this proposed rule.

This proposed rule would make the following changes:

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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