Overview
This section mandates that Federal agencies evaluate the contract performance of Federal Prison Industries (FPI) using the same standard procedures applied to private contractors. It clarifies that while performance evaluations do not automatically waive FPI's mandatory source status, they serve as critical evidence when seeking such waivers.
Key Rules
- Standardized Evaluation: Agencies must evaluate FPI performance in accordance with FAR Subpart 42.15, the standard regulation for recording contractor performance information (e.g., CPARS).
- Mandatory Requirements Persist: A negative performance evaluation does not inherently cancel the mandatory source requirements of FAR 8.602 or the procedural requirements of FAR 8.604.
- Evidence for Waivers: Past performance evaluations are explicitly permitted to be used as supporting documentation when an agency applies for a waiver to purchase items from the private sector instead of FPI.
Practical Implications
- Contracting Officers must maintain diligent performance records for FPI contracts to ensure accountability, just as they would with commercial vendors.
- Documented poor performance is a primary tool for agencies to legally justify "bypassing" FPI in future acquisitions through the formal waiver process.