Overview
This section prohibits federal agencies from mandating the use of Federal Prison Industries (FPI), also known as UNICOR, as a subcontractor at any tier of a government contract.
Key Rules
- Universal Prohibition: Agencies are strictly forbidden from requiring prime contractors or subcontractors to use FPI for contract performance.
- Solicitation Restrictions: Agencies cannot include provisions in a solicitation that require a potential contractor to offer or incorporate FPI supplies or services.
- Specification Restrictions: Agencies cannot write contract specifications that force a contractor to use specific supplies or services offered by FPI.
- Modification Restrictions: Agencies are prohibited from using contract modifications to direct a contractor to utilize FPI as a source.
Practical Implications
- Contractor Autonomy: While FPI is often a mandatory source for direct government procurement, prime contractors retain the right to select their own subcontractors without government-mandated FPI interference.
- Compliance: Contracting Officers must ensure that Statement of Work (SOW) or Performance Work Statement (PWS) language does not inadvertently bypass this rule by specifying FPI-only products or services.