Inclusion of Federal Prison Industries, Inc
When using competitive procedures, agencies must include Federal Prison Industries, Inc. in the solicitation and consider any timely offer it submits.
Overview
FAR 19.502-7 requires that when agencies use competitive procedures as outlined in FAR 8.602(a)(4), they must include Federal Prison Industries, Inc. (FPI) in the solicitation process. Agencies are also obligated to consider any timely offer submitted by FPI. This ensures that FPI, a mandatory source for certain products and services, is given a fair opportunity to compete alongside other vendors in applicable acquisitions.
Key Rules
- Inclusion of FPI in Solicitations
- Agencies must include FPI in the solicitation process when using competitive procedures under FAR 8.602(a)(4).
- Consideration of FPI Offers
- Agencies are required to consider any timely offer received from FPI during the evaluation process.
Responsibilities
- Contracting Officers: Must ensure FPI is included in solicitations and that its offers are evaluated if received on time.
- Contractors: Should be aware that FPI may be a competitor in applicable procurements.
- Agencies: Must comply with the inclusion and consideration requirements for FPI.
Practical Implications
- This rule exists to ensure FPI is not excluded from competition where required by law.
- It impacts daily contracting by mandating procedural steps for inclusion and evaluation of FPI offers.
- Common pitfalls include failing to notify FPI or neglecting to evaluate its timely offers, which can result in procurement delays or protests.