18.106 Acquisitions from Federal Prison Industries, Inc. (FPI)
Source: FAR 18.106 on acquisition.gov
In urgent situations requiring immediate delivery or performance, agencies can bypass Federal Prison Industries sourcing without a waiver.
Overview
FAR 18.106 clarifies that when there is a public exigency requiring immediate delivery or performance, contracting officers are not required to purchase from Federal Prison Industries, Inc. (FPI), nor do they need to obtain a waiver to bypass FPI. This provision is designed to provide acquisition flexibility during urgent situations, ensuring that agencies can respond quickly to critical needs without being delayed by standard FPI sourcing requirements.
Key Rules
- FPI Purchase Not Mandatory in Exigency
- If immediate delivery or performance is needed due to a public exigency, agencies are not required to buy from FPI.
- No Waiver Required
- In such urgent cases, a waiver from FPI sourcing requirements is not necessary.
Responsibilities
- Contracting Officers: Must determine if a public exigency exists and document the need for immediate delivery or performance; may bypass FPI without seeking a waiver in these cases.
- Contractors: Should be aware that FPI sourcing may not apply in urgent acquisitions.
- Agencies: Should ensure proper justification and documentation for using this flexibility.
Practical Implications
- This section exists to prevent delays in urgent acquisitions by removing the FPI sourcing requirement in emergencies.
- It impacts daily contracting by allowing faster procurement in crisis or urgent situations.
- Common pitfalls include failing to properly document the exigency or misunderstanding when the FPI requirement can be bypassed.
Purchase from FPI is not mandatory and a waiver is not required if public exigency requires immediate delivery or performance (see 8.605(b)).