Federal Prison Industries Competition in Contracting Act of 2006
Latest action. Referred to the Committee on the Judiciary.
Federal Prison Industries Competition in Contracting Act of 2006 - (Sec. 2) Amends federal criminal code provisions relating to Federal Prison Industries (FPI) (a wholly-owned government corporation) to establish governmentwide procurement policies for purchases from FPI based upon competitive procedures. Authorizes contract awards on a noncompetitive basis if the Attorney General determines that FPI cannot reasonably expect fair consideration to receive a contract award on a competitive basis and the contract award is necessary to maintain inmate work opportunities.
Specifies conditions under which a contract award may be made to FPI using other than competitive procedures. Provides that a timely offer received from FPI to furnish a product or service to a federal agency shall be considered for award without limitation as to the dollar value of the proposed purchase, unless the contract opportunity has been reserved for competition for small businesses under the Small Business Act and its regulations.
Allows FPI to exclude from its bids certain costs relating to security, educating and training inmates, and excess capital costs of machinery and inventories used in prisons.
Makes decisions by a federal contracting officer regarding the award of a contract to FPI or the performance of such contract final, unless reversed on appeal.
Requires federal agencies to report purchases from FPI to the Federal Procurement Data System.
Requires FPI to publish and maintain a catalogue of its products and services.
Imposes federal occupational, health, and safety standards on FPI with respect to its industrial operations.
(Sec. 3) Revises rulemaking procedures for approving new FPI products or services. Requires the Chief Operating Officer of FPI to submit a proposal to the Board of Directors of FPI with a detailed analysis of the probable impact on the private sector of a proposed expansion of sales from such new products or services.
(Sec. 4) Requires a federal agency that has a requirement for a product that is authorized for sale by FPI and is listed in its catalog to first solicit an offer from FPI and make purchases on a noncompetitive basis. Requires, subject to specified limitations, a contract award to be made on a noncompetitive basis to FPI if the contracting officer determines that: (1) the FPI product will meet the procurement requirements; (2) timely performance of the contract by FPI can be reasonably expected; and (3) the negotiated price does not exceed a fair and reasonable price.
The summary continues for 28 more paragraphs. Read it in full on Congress.gov
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Passed House amended" stage on September 14, 2006. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on September 21, 2006: Referred to the Committee on the Judiciary.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the House
- Passage by the Senate
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 109th Congress (2005-06), 482 of the 10,701 bills and joint resolutions introduced became law, about 4.5 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
PETER HOEKSTRA (R-MI) introduced it on June 17, 2005, and 93 members have since signed on as cosponsors.
They come from both major parties: 19 Democrats, 74 Republicans.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on June 17, 2005, 7802 days ago. The most recent recorded action was 7341 days ago, on September 21, 2006.
Measures do not carry over. Anything the 109th Congress has not finished by January 3, 2007 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- HouseIn committee, no floor vote yet
- SenateAwaits House passage
- PresidentAwaits both chambers