12 2 STA T . 22 8PUBLIC LA W 11 0– 181 —J A N .28 , 2008 sub s ection( b ) ( 2 )be f o r e mak in gp urc h ases for or on beha l fofthe D epartment of Defense .’ ’. (b) REQUIR E M E NTTO DE V E L O P TR A ININ G AN D TOOL S . — The S ec - retar y of Defense shall d e v elop training to assist contracting officers , and market research tools to assist such officers and prime contrac- tors, in performing appropriate market research as re q uired by subsection (c) of section 2 37 7 of title 10 , U nited States C ode, as amended by this section. SEC.827 . MODIF IC AT IO N OF COM P ETITION R E QU IREMENTS FOR PUR - C H ASES FROM FEDERA L PRISON INDUSTRIES. (a) M ODI F I C ATION OF COMPETITION REQUIREMENTS.— (1) I N GENERAL.—Section 2 4 10n of title 10, United States Code, is amended by striking subsections (a) and (b) and inserting the follo w ing new subsections (a) and (b)
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‘(a) P RODUCTS FOR WH ICH F EDERAL PRISON INDUSTRIES DOES N OT H AVE SIGNIFICANT MAR K ET SHARE.—(1) B efore purchasing a product listed in the latest edition of the Federal Prison Industries catalog under section 4124(d) of title 1 8 for which Federal Prison Industries does not have a significant market share, the Secretary of Defense shall conduct market research to determine whether the product is comparable to products available from the private sector that best meet the needs of the Department in terms of price, quality, and time of delivery. ‘‘(2) If the Secretary determines that a Federal Prison Industries product described in paragraph (1) is not comparable in price, quality, or time of delivery to products of the private sector that best meets the needs of the Department 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 accordance with the competition requirements applicable to such contract. In conducting such a competition, the Secretary shall consider a timely offer from Federal Prison Industries. ‘‘(b) PRODUCTS FOR WHICH FEDERAL PRISON INDUSTRIES HAS SIGNIFICANT MARKET SHARE.—(1) The Secretary of Defense may purchase a product listed in the latest edition of the Federal Prison Industries catalog for which Federal Prison Industries has a signifi- cant market share only if the Secretary uses competitive procedures for the procurement of the product or makes an individual purchase under a multiple award contract in accordance with the competition requirements applicable to such contract. In conducting such a competition, the Secretary shall consider a timely offer from Federal Prison Industries. ‘‘(2) For purposes of this subsection, Federal Prison Industries shall be treated as having a significant share of the market for a product if the Secretary, in consultation with the A dministrator of Federal Procurement Policy, determines that the Federal Prison Industries share of the Department of Defense market for the category of products including such product is greater than 5 per- cent.’’. (2) E FFECTIVE DATE.—The amendment made by subsection (a) shall take effect 6 0 days after the date of the enactment of this Act. (b) L IST OF PRODUCTS FOR WHICH FEDERAL PRISON INDUSTRIES HAS SIGNIFICANT MARKET SHARE.— 10USC24 10 n n ote. 10 USC 2410n note. 10USC2 37 7 note.
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