Sec. 5. Authority to perform as a Federal subcontractor
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/bill/113/hr/2098/ih/section-5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Federal Prison Industries is authorized to enter into a contract with a Federal contractor (or a subcontractor of such contractor at any tier) to produce products as a subcontractor or supplier in the performance of a Federal procurement contract. The use of Federal Prison Industries as a subcontractor or supplier shall be a wholly voluntary business decision by the Federal prime contractor or subcontractor, subject to any prior approval of subcontractors or suppliers by the contracting officer which may be imposed by the Federal Acquisition Regulation or by the contract.
Federal Prison Industries is prohibited from being a subcontractor or supplier at any tier if— the product or service is to be acquired by a Federal department or agency pursuant to section 3 of the Javits-Wagner-O’Day Act ( 41 U.S.C. 48 ); or the product to be acquired by the Federal department or agency is subject to section 2533a of title 10, United States Code. The authority provided by subsection
(a)shall not result, either directly or indirectly, in the sale in the commercial market of a product or service resulting from the labor of Federal inmate workers in violation of section 1761(a) of title 18, United States Code. A Federal contractor (or subcontractor at any tier) using Federal Prison Industries as a subcontractor or supplier in furnishing a commercial product pursuant to a Federal contract shall implement appropriate management procedures to prevent introducing an inmate-produced product into the commercial market. Except as authorized under the Federal Acquisition Regulation, the use of Federal Prison Industries as a subcontractor or supplier of products or provider of services shall not be imposed upon prospective or actual Federal prime contractors or a subcontractors at any tier by means of— a contract solicitation provision requiring a contractor to offer to make use of Federal Prison Industries, its products or services; specifications requiring the contractor to use specific products or services (or classes of products or services) offered by Federal Prison Industries in the performance of the contract; any contract modification directing the use of Federal Prison Industries, its products or services; or any other means.
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- 41 USC 48
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Sec. 5
Authority to perform as a Federal subcontractor
Cite41 USC 48
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