Federal Prison Industries only if the contracting officer for 
the procurement activity determines that— 
‘‘(A) the specific product or service to be fur-
nished will meet the requirements of the procurement 
activity (including any applicable prequalification 
requirements and all specified commercial or govern-
mental standards pertaining to quality, testing, safe-
ty, serviceability, and warranties); 
‘‘(B) timely performance of the contract can be 
reasonably expected; and 
‘‘(C) the contract price does not exceed a current 
market price. 
‘‘(5) A determination by the Attorney General pursu-
ant to paragraph (3) shall be— 
‘‘(A) supported by specific findings by the war-
den of the penal or correctional institution at which 
a Federal Prison Industries workshop is scheduled to 
perform the contract; 
‘‘(B) supported by specific findings by Federal 
Prison Industries regarding why it does not expect to 
win the contract on a competitive basis; and 
‘‘(C) made and reported in the same manner as 
a determination made pursuant to section 303(c)(7) 
of the Federal Property and Administrative Services 
Act of 1949 (41 U.S.C. 253(c)(7)). 
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‘‘(6) If the Attorney General has not made the deter-
mination described in paragraph (3) within 30 days after 
Federal Prison Industries has been informed of a con-
tracting opportunity by a procurement activity, the pro-
curement activity may proceed to conduct a procurement 
for the product or service in accordance with the procedures 
generally applicable to such procurements by the procure-
ment activity. 
‘‘(7) A contract award may be made to Federal Prison 
Industries using other than competitive procedures if such 
product or service is only available from Federal Prison 
Industries and the contract may be awarded under the au-
thority of section 2304(c)(1) of title 10 or section 303(c) 
of the Federal Property and Administrative Services Act 
of 1949 (41 U.S.C. 253(c)(1)), as may be applicable, and 
pursuant to the justification and approval requirements re-
lating to such noncompetitive procurements specified by law 
and the Governmentwide Federal Acquisition Regulation. 
‘‘(8) A contract award may be made to Federal Prison 
Industries using other than competitive procedures by the 
Federal Bureau of Prisons. 
‘‘(9) A solicitation for a contract shall first be made 
to Federal Prison Industries using other than competitive 
procedures if the product or service to be acquired would 
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otherwise be furnished by a contractor performing the work 
outside of the United States. 
‘‘(c) OFFERS FROM FEDERAL PRISON INDUSTRIES.— 
(1) A timely offer received from Federal Prison Industries 
to furnish a product or service to a Federal department or 
agency shall be considered for award without limitation as 
to the dollar value of the proposed purchase, unless the con-
tract opportunity has been reserved for competition exclu-
sively among small business concerns pursuant to section 
15(a) of the Small Business Act (15 U.S.C. 644(a)) and 
its implementing regulations. 
‘‘(2)(A) Any offer made by Federal Prison Industries 
to furnish a product or service may exclude from the offer 
the price of the following: 
‘‘(i) The costs related to security of the facilities 
at which the contract will be performed. 
‘‘(ii) The costs of educating and training the 
prison work force performing the contract. 
‘‘(iii) Excess capital costs of machinery and ex-
cess inventories used within a prison environment 
that are the result of the unique environment of pris-
on life. 
‘‘(iv) Other costs of performing the contract re-
sulting from the unique environment of prison facili-
ties. 
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‘‘(d) PERFORMANCE
BY FEDERAL PRISON INDUS-
TRIES.—Federal Prison Industries shall perform its con-
tractual obligations under a contract awarded by a Federal 
department or agency to the same extent as any other con-
tractor. 
‘‘(e) FINALITY
OF CONTRACTING OFFICER’S DECI-
SION.—(1) A decision by a contracting officer regarding the 
award of a contract to Federal Prison Industries or relating 
to the performance of such contract shall be final, unless 
reversed on appeal pursuant to paragraph (2) or (3). 
‘‘(2)(A) The Chief Operating Officer of Federal Prison 
Industries may protest a decision by a contracting officer 
not to award a contract to Federal Prison Industries pursu-
ant to subsection (b)(4), in accordance with section 33.103, 
(Protests to the agency) of the Federal Acquisition Regula-
tion (48 C.F.R. part 33.103). 
‘‘(B) In the event of an adverse decision of a protest 
filed pursuant to subparagraph (A), the Assistant Attorney 
General for Administration may request a reconsideration 
of such adverse decision by the head of the Federal agency 
or department, which shall be considered de novo and the 
decision issued by such agency head on a non-delegable 
basis. Such decision upon reconsideration by the agency 
head shall be final. 
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‘‘(3) A dispute between Federal Prison Industries and 
a procurement activity regarding performance of a contract 
shall be subject to— 
‘‘(A) alternative means of dispute resolution pur-
suant to subchapter IV of chapter 5 of title 5; or 
‘‘(B) final resolution by the board of contract ap-
peals having jurisdiction over the procurement activi-
ty’s contract performance disputes pursuant to the 
Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.). 
‘‘(f) REPORTING OF PURCHASES.—Each Federal de-
partment or agency shall report purchases from Federal 
Prison Industries to the Federal Procurement Data System 
(as referred to in section 6(d)(4) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 405(d)(4))) in the same 
manner as it reports to such System any acquisition in 
an amount in excess of the simplified acquisition threshold 
(as defined by section 4(11) of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 403(11))). 
‘‘(g) CATALOG OF PRODUCTS.—Federal Prison Indus-
tries shall publish and maintain a catalog of all specific 
products and services that it is authorized to offer for sale. 
Such catalog shall be periodically revised as products and 
services are added or deleted by its board of directors (in 
accordance with section 4122(b) of this title). 
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