Sean Patrick Maloney: “the amendment extends to the new contracting officer of the various civilian agencies, including the new Department of…”

“the amendment extends to the new contracting officer of the various civilian agencies, including the new Department of Homeland Security, the same powers available to contracting officers of the Department of Defense in their dealings with the Federal Prison Industries. It will better enable them to get the best value for the taxpaying dollars being expended with FPI. Under FPI's 1934 authorizing statute, FPI is a mandatory source to all Federal agencies. Federal contracting officers must purchase products offered by FPI unless FPI authorizes, through the granting of a so-called waiver, the solicitation of competitive offers for the private sector. In making the unilateral determination to grant a waiver, FPI, rather than the buying agency, determines whether FPI's offered product and delivery schedule meet the mission's needs of the buying agency. FPI, rather than the buying agency, determines the reasonableness of FPI's offered price. While comprehensive FPI reform was being advanced in both Chambers, several Members of the other body devised a means to provide some modest interim relief to DOD's procurement professionals by including interim relief in the National Defense Authorization Act for fiscal year 2002.”