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    Can you set this aside for woman owned small business and FPI? My KO interprets this as you can only do one set aside not two and we both would like clarification please.


    Answer

    This is a very good question.  Yes, FSC 7110 is on the FPI list of the federal supply classes of items for which FPI has a significant market share (http://www.acq.osd.mil/dpap/cpic/cp/specific_policy_areas.html#federal_prison).  The DPAP memo, dated 24 Feb 2014 also states that FPI must be included even if the procurement would have been set-aside in accordance with FAR part 19. This is inline with DFARS 208.602-70 "(ii) Include FPI in the solicitation process, consider a timely offer from FPI, and make an award in accordance with the policy at FAR 8.602(a)(4)(ii) through (v)."

    The WOSB PROGRAM in FAR 19.1504(b) states, "This subpart does not apply to--(b) Requirements that can be satisfied through award to--(1) Federal Prison Industries, Inc. (see Subpart 8.6).  So FPI takes precedence over a WOSB Set-Aside.  Follow the procedures in Subpart 8.6. Basically, if the FPI item is comparable you purchase it from FPI, if not, then you could do a WOSB Set-Aside, but you must allow FPI to submit an offer.

    FAR 8.602 (a) In accordance with 10 U.S.C. 2410n and Section 637 of Division H of the Consolidated Appropriations Act, 2005 (Pub. L. 108-447), and except as provided in paragraph (b) of this section, agencies shall--
      (1) Before purchasing an item of supply listed in the FPI Schedule, conduct market research to determine whether the FPI item is comparable to supplies available from the private sector that best meet the Government’s needs in terms of price, quality, and time of delivery. This is a unilateral determination made at the discretion of the contracting officer. The arbitration provisions of 18 U.S.C. 4124(b) do not apply;
      (2) Prepare a written determination that includes supporting rationale explaining the assessment of price, quality, and time of delivery, based on the results of market research comparing the FPI item to supplies available from the private sector;
      (3) If the FPI item is comparable, purchase the item from FPI following the ordering procedures at http://www.unicor.gov, unless a waiver is obtained in accordance with 8.604; and
      (4) If the FPI item is not comparable in one or more of the areas of price, quality, and time of delivery—
        (i) Acquire the item using—
          (A) Competitive procedures (e.g., the procedures in 6.102, the set-aside procedures in subpart 19.5, or competition conducted in accordance with part 13); or
          (B) The fair opportunity procedures in 16.505, if placing an order under a multiple award delivery-order contract;
        (ii) Include FPI in the solicitation process and consider a timely offer from FPI for award in accordance with the item description or specifications, and evaluation factors in the solicitation--
          (A) If the solicitation is available through the Governmentwide point of entry (FedBizOpps), it is not necessary to provide a separate copy of the solicitation to FPI:
          (B) If the solicitation is not available through FedBizOpps, provide a copy of the solicitation to FPI:

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