Overview
This section specifies that purchasing from Federal Prison Industries, Inc. (FPI) is not mandatory during situations of public exigency where immediate delivery or performance is required.
Key Rules
- Mandatory Source Exception: Agencies are not required to buy from FPI if the requirement is urgent (public exigency).
- No Waiver Required: Unlike standard FPI procurement procedures, a formal waiver is not necessary when immediate delivery or performance is essential.
- Regulatory Alignment: This provision specifically references the exceptions detailed in FAR 8.605(b).
Practical Implications
- Contracting Officers can bypass the traditional FPI market research and waiver request process during emergencies to ensure mission-critical supplies or services are obtained without delay.
- This rule provides legal flexibility to prioritize speed of delivery over mandatory source preferences in life-safety or high-urgency scenarios.