Subpart 8.6 Acquisition from Federal Prison Industries, Inc
Source: FAR 8.6 on acquisition.gov
FAR Subpart 8.6 requires agencies to prioritize Federal Prison Industries as a source for supplies and services, but provides clear procedures for waivers and exceptions when FPI cannot meet agency needs.
Overview
FAR Subpart 8.6 establishes the requirements and procedures for acquiring supplies and services from Federal Prison Industries, Inc. (FPI), also known as UNICOR. This subpart outlines the mandatory source policy, purchase priorities, waiver processes, exceptions, and evaluation of FPI performance. It also addresses FPI's role as a subcontractor and the protection of classified or sensitive information when dealing with FPI. The regulation ensures that government agencies consider FPI as a primary source for certain products and services, but also provides mechanisms for exceptions and waivers when FPI cannot meet agency needs.
Key Rules
- Mandatory Source Requirement
- Agencies must acquire certain supplies and services from FPI if they are available and meet requirements for price, quality, and delivery.
- Purchase Priorities and Waivers
- Establishes the order of precedence for required sources and outlines the process for obtaining waivers if FPI cannot meet agency needs.
- Exceptions and Performance Evaluation
- Identifies exceptions to the FPI requirement and mandates evaluation of FPI performance.
- Subcontracting and Sensitive Information
- Addresses FPI's role as a subcontractor and procedures for handling classified or sensitive information.
Responsibilities
- Contracting Officers: Must check FPI availability, follow purchase priorities, request waivers when necessary, and evaluate FPI performance.
- Contractors: Must comply with FPI sourcing requirements and protect sensitive information when subcontracting with FPI.
- Agencies: Oversee compliance, process waiver requests, and ensure proper handling of classified information.
Practical Implications
- This subpart ensures FPI is given priority as a supplier, supporting federal policy objectives. Contractors and agencies must follow specific procedures before bypassing FPI, and failure to comply can result in procurement delays or noncompliance findings. Understanding waiver and exception processes is critical for efficient acquisition planning.