8.607 Performance as a subcontractor
Source: FAR 8.607 on acquisition.gov
Agencies cannot require contractors or their subcontractors to use Federal Prison Industries, Inc. (FPI) as a subcontractor by any contractual means.
Overview
FAR 8.607 prohibits agencies from requiring contractors or their subcontractors at any tier to use Federal Prison Industries, Inc. (FPI) as a subcontractor for contract performance. This restriction applies to all forms of contractual direction, including solicitation provisions, contract specifications, or contract modifications that would mandate the use of FPI supplies or services. The regulation ensures that contractors retain the discretion to select their own subcontractors and sources for supplies and services, without undue influence or requirement to utilize FPI beyond what is otherwise mandated by law or regulation.
Key Rules
- No Mandatory Use of FPI as Subcontractor
- Agencies cannot require contractors or subcontractors to use FPI as a subcontractor for any part of contract performance.
- Prohibited Methods
- Agencies may not include solicitation provisions, contract specifications, or contract modifications that direct or require the use of FPI supplies or services.
Responsibilities
- Contracting Officers: Must not include any requirement or direction in solicitations, contracts, or modifications that mandates the use of FPI as a subcontractor.
- Contractors: Are not obligated to use FPI as a subcontractor unless otherwise required by law or regulation.
- Agencies: Must ensure compliance with this prohibition and avoid imposing FPI use through any contractual means.
Practical Implications
- This section protects contractor autonomy in selecting subcontractors and sourcing supplies/services.
- It prevents agencies from circumventing procurement rules by mandating FPI involvement at the subcontractor level.
- Contractors should review solicitations and contracts to ensure no improper FPI requirements are included.
Agencies shall not require a contractor, or subcontractor at any tier, to use FPI as a subcontractor for performance of a contract by any means, including means such as-
(a) A solicitation provision requiring a potential contractor to offer to make use of FPI supplies or services;
(b) A contract specification requiring the contractor to use specific supplies or services (or classes of supplies or services) offered by FPI; or
(c) Any contract modification directing the use of FPI supplies or services.