Page:United States Statutes at Large Volume 116 Part 4.djvu/184

 116 STAT. 2612 PUBLIC LAW 107-314—DEC. 2, 2002 "(9) The term 'Milestone C approval' means a decision to enter into production and deployment pursuant to guidance prescribed by the Secretary of Defense for the management of Department of Defense acquisition programs.". SEC. 819. CONTRACTING WITH FEDERAL PRISON INDUSTRIES. (a) ASSURANCE OF BEST VALUE FOR NATIONAL DEFENSE. —(1) Section 2410n of title 10, United States Code, is amended— (A) in subsection (a)— (i) by amending the heading to read as follows: "MARKET RESEARCH.—"; and (ii) by striking "comparable in price, quality, and time of delivery to products available from the private sector" and inserting "comparable to products available from the private sector that best meet the Department's needs in terms of price, quality, and time of delivery"; (B) by striking subsection (b) and inserting the following: "(b) COMPETITION REQUIREMENT. —I f the Secretary determines that a Federal Prison Industries product is not comparable in price, quality, or time of delivery to products available from the private sector that best meet the Department's needs in terms of price, quality, and time of delivery, the Secretary shall use competitive procedures for the procurement of the product or shall make an individual purchase under a multiple award contract. In conducting such a compeititon or making such a purchase, the Secretary shall consider a timely offer from Federal Prison Industries."; and (C) by adding at the end the following new subsections: "(c) IMPLEMENTATION BY SECRETARY OF DEFENSE. —The Secretary of Defense shall ensure that— "(1) the Department of Defense does not purchase a Federal Prison Industries product or service unless a contracting officer of the Department determines that the product or service is comparable to products or services available from the private sector that best meet the Department's needs in terms of price, - quality, and time of delivery; and "(2) Federal Prison Industries performs its contractual obligations to the same extent as any other contractor for the Department of Defense. " (d) MARKET RESEARCH DETERMINATION NOT SUBJECT TO REVIEW.—A determination by a contracting officer regarding whether a product or service offered by Federal Prison Industries is comparable to products or services available from the private sector that best meet the Department's needs in terms of price, quality, and time of delivery shall not be subject to review pursuant to section 4124(b) of title 18. "(e) PERFORMANCE AS A SUBCONTRACTOR.—(1) A contractor or potential contractor of the Department of Defense may not be required to use Federal Prison Industries as a subcontractor or supplier of products or provider of services for the performance of a Department of Defense contract by any means, including means such as— "(A) a contract solicitation provision requiring a contractor to offer to make use of products or services of Federal Prison Industries in the performance of the contract;

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