Subpart 4-Procurement of Prison-Made Supplies 5.400 Applicability. This Subpart is applicable to supplies procured within the United States. 5.401 General. Supplies of the classes listed in the "Schedule of Products Made in Federal Penal and Correctional Institutions" shall be purchased in accordance with the policies and procedures set forth in this Subpart. 5.402 Preference as Between Prison-Made and Blind-Made Supplies. In any case where similar supplies are manufactured or offered for sale both by Federal penal and correctional institutions and by agencies for the blind, the supplies must be purchased from Federal Prison Industries, Inc., to the extent available. 5.403 Schedule of Supplies Which are Prison-Made. Supplies which are manufactured by Federal penal and correctional institutions are in strict conformity with Federal Specifications. These supplies are listed in the "Schedule of Products Made in Federal Penal and Correctional Institutions" (referred to in this Subpart 4 as the "Schedule"). Copies of the Schedule are available from Federal Prison Industries, Inc., c/o Department of Justice, Washington, D.C., 20537. 5.404 Mandatory Procurement of Prison-Made Supplies. 5.404-1 Mandatory Procurement From Federal Prison Industries, Inc. Supplies listed in the Schedule shall be procured directly from Federal Prison Industries, Inc., when— (i) supplies require overseas packaging or packing; (ii) supplies are required in carload lots, as described in the Consolidated Freight Classification for the commodity concerned; or (iii) supplies are required in less than carload lots, but are not stocked by General Services Administration Stores Depots. 5.404-2 Mandatory Procurement of Prison-Made Supplies From General Services Administration Stores Depots. Supplies listed in the Schedule which are required in less than carload lots and which are stocked by General Services Administration Stores Depots shall be procured from such Depots, except that procurement shall be made directly from Federal Prison Industries, Inc., when (i) the procurement office is so located that it is more practical and economical to procure directly from Federal Prison Industries, Inc., rather than from or through the General Services Administration, or (ii) the General Services Administration Stores Depot is temporarily unable to furnish the required supplies, in which instance the depot will so advise the procurement office so that the procurement may be made directly from Federal Prison Industries, Inc. 5.405 Nonmandatory Procurement of Prison-Made Supplies. Contracting officers are encouraged to utilize the facilities of Federal Prison Industries, Inc., to the maximum extent practicable in the procurement of supplies which are not listed in the Schedule, but which are nevertheless of a type manufactured in Federal penal and correctional institutions. 5.406 Procurement Procedure. 5.406-1 Procurement From Federal Prison Industries, Inc. Procurement directly from Federal Prison Industries, Inc., will be made by placing a purchase order with the Federal Prison Industries, Inc., c/o Department of Justice, Washington, D.C., 20537. INTERDEPARTMENTAL PROCUREMENT 5.406-2 Procurement From General Services Administration Stores Depots. The Federal Standard Requisitioning and Issue Procedure (Federal Property Management Regulation, Subpart 101-26.2) shall be used to obtain prisonmade supplies from General Services Administration Stores Depots. 5.407 Exceptions. Supplies listed in the Schedule may be procured through National Industries for the Blind or from commercial sources under any of the following conditions: (i) immediate delivery or performance is required by public exigency; (ii) suitable used supplies can be obtained; or (iii) the total cost of the order is $25 or less. 5.408 Clearances. In addition to the exceptions provided in 5.407, supplies of the types listed in the Schedule may be purchased through National Industries for the Blind or from commercial sources if such procurement is specifically authorized in clearances issued by Federal Prison Industries, Inc., as set forth in (a) and (b) below. (a) General clearances are issued by Federal Prison Industries, Inc., when classes of supplies are not available from Federal penal and correctional institutions, or when it is otherwise in the best interest of the Government to allow procurement of those classes of supplies from agencies for the blind or from commercial sources. Purchase orders or contracts written pursuant to a general clearance need not be supported by a copy of the clearance, but the clearance number must be cited on the purchase order or contract as well as on the initial voucher. (b) Formal clearances are issued in response to requests initiated by purchasing offices desiring to procure from agencies for the blind or from commercial sources supplies of the type listed in the Schedule when such supplies are not covered by a general clearance. Requests for formal clearances shall be addressed to Federal Prison Industries, Inc., c/o Department of Justice, Washington, D.C., 20537. Actual purchase of the required supplies shall not be consummated prior to the issuance of the formal clearance. A copy of the clearance certificate must be attached to the initial voucher. Subpart 5-Procurement of Blind-Made Supplies 5.500 Applicability. This Subpart is applicable to supplies procured within the United States. 5.501 General. Supplies listed in the Schedule of Blind-Made Products shall be procured in accordance with the policies and procedures set forth in this Subpart. 5.502 Schedule of Supplies Which Are Blind-Made. Supplies manufactured by agencies for the blind are listed in the Schedule of Blind-Made Products, hereinafter referred to as the Schedule, copies of which may be obtained from the General Services Administration Regional Offices or Depots Items available from stocks at General Services Administration Stores Depots are so identified in the Schedule. Requests for copies of the Schedule will be submitted on GSA Form 457, will specify the exact organizational mailing address, and will request placement on the mailing lists for revisions. 5.503 Mandatory Procurement of Blind-Made Supplies. Except as provided in 5.402 supplies listed in the Schedule shall be procured as follows: (a) Orders for centrally managed supplies shall be placed through the National Industries for the Blind (NIB) in accordance with 5.504–1. (b) Orders for supplies which have been decentralized for local purchase shall be submitted to the General Services Administration Stores Depot which can best serve the Procurement Office, except that when one of the conditions set forth below is present, procurement shall be through the NIB: (i) supplies require overseas packaging or packing; (ii) supplies are required in carload lots, as described in the Consoli- (iv) the Schedule indicates that the supplies are not stocked by General (v) delivery requirements cannot be met. (c) Supplies listed in the Schedule may be procured from commercial sources under any of the conditions set forth below: (i) necessity requires delivery within two weeks and the NIB cannot give assurance of positive availability; or (ii) the procurement is for $25 or less. 5.504-1 Through National Industries for the Blind. When procurement of blind-made supplies is to be effected through the N1B, such procurement shall be made by submitting directly to the National Industries for the Blind, 15 West 16th Street, New York, N.Y., 10011, a request, in letter form, for an allocation. Upon receipt of the request, requirements will be allocated by NIB, and the procurement office will be notified of the name and location of the agency designated to manufacture the requirements. Upon receipt of such notification, a purchase order shall be issued to the designated agency for the blind and a copy thereof will be forwarded to the NIB. INTERDEPARTMENTAL PROCUREMENT Such orders may be issued without limitation as to dollar amount. A certification of fund availability must be obtained before an order may be issued. 5.504-2 From General Services Administration Stores Depots. The Federal Standard Requisitioning and Issue Procedure (Federal Property Management Regulation, Subpart 101-26.2) shall be used in obtaining blind-made supplies from General Services Administration Stores Depots. 5.505 Clearances. Except as provided in 5.503 (a) procurement offices may procure supplies of the types listed in the Schedule from commercial sources if (1) such procurement is specifically authorized in clearances issued by NIB, and (2) if purchase action is initiated within thirty days from the date of the authorization of such additional period as may be authorized by the NIB. 5.506 Optional Procurement of Blind-Made Supplies. Supplies of any type or classification may be procured from agencies for the blind in any quantity, including less than carload lots, when such agency is the low bidder or offeror in response to an invitation for bids or request for proposals. 5.550 Procurement of Services from Agencies for the Blind. Services, as distinguished from supplies, will not be procured pursuant to the procedure set forth above. The provisions of this Subpart do not apply to labor or services or anything other than tangible articles produced by the blind. [Next page is 523] |