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41 U.S.C. § 8504 — Procurement requirements for the Federal Government

Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 8504 — Procurement requirements for the Federal Government

**(a) In General.—** An entity of the Federal Government intending to procure a product or service on the procurement list referred to in [section 8503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section8503&num=0&edition=prelim) shall procure the product or service from a qualified nonprofit agency for the blind or a qualified nonprofit agency for other severely disabled in accordance with regulations of the Committee and at the price the Committee establishes if the product or service is available within the period required by the entity. **(b) Exception.—** This section does not apply to the procurement of a product that is available from an industry established under chapter 307 of title 18 and that is required under [section 4124 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section4124&num=0&edition=prelim) to be procured from that industry.

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Source location: Title 41, Chapter 85, § 8504; chapter-085-committee-for-purchase-from-people-who-are-blind-or-severely-disabled.md

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 4124 — Purchase of prison-made products by Federal departments

**(a)** The several Federal departments and agencies and all other Government institutions of the United States shall purchase at not to exceed current market prices, such products of the industries authorized by this chapter as meet their requirements and may be available. **(b)** Disputes as to the price, quality, character, or suitability of such products shall be arbitrated by a board consisting of the Attorney General, the Administrator of General Services, and the President, or their representatives. Their decision shall be final and binding upon all parties. **(c)** Each Federal department, agency, and institution subject to the requirements of subsection (a) shall separately report acquisitions of products and services from Federal Prison Industries to the Federal Procurement Data System (as referred to in [section 1122(a)(4) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1122/a/4&num=0&edition=prelim)) in the same manner as it reports other acquisitions. Each report published by the Federal Procurement Data System that contains the information collected by the System shall include a statement to accompany the information reported by the department, agency, or institution under the preceding sentence as follows: “Under current law, sales by Federal Prison Industries are considered intragovernmental transfers. The purpose of reporting sales by Federal Prison Industries is to provide a complete overview of acquisitions by the Federal Government during the reporting period.”. **(d)** Within 90 days after the date of the enactment of this subsection, Federal Prison Industries shall publish a catalog of all products and services which it offers for sale. This catalog shall be updated periodically to the extent necessary to

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 8503 — Duties and powers of the Committee

**(a) Procurement List.—** (1) **Maintenance of list.—** — The Committee shall maintain and publish in the Federal Register a procurement list. The list shall include the following products and services determined by the Committee to be suitable for the Federal Government to procure pursuant to this chapter: (A) Products produced by a qualified nonprofit agency for the blind or by a qualified nonprofit agency for other severely disabled. (B) The services those agencies provide. (2) **Changes to list.—** — The Committee may, by rule made in accordance with the requirements of section 553(b) to (e) of title 5, add to and remove from the procurement list products so produced and services so provided. **(b) Fair Market Price.—** The Committee shall determine the fair market price of products and services contained on the procurement list that are offered for sale to the Federal Government by a qualified nonprofit agency for the blind or a qualified nonprofit agency for other severely disabled. The Committee from time to time shall revise its price determinations with respect to those products and services in accordance with changing market conditions. **(c) Central Nonprofit Agency or Agencies.—** The Committee shall designate a central nonprofit agency or agencies to facilitate the distribution, by direct allocation, subcontract, or any other means, of orders of the Federal Government for products and services on the procurement list among qualified nonprofit agencies for the blind or qualified nonprofit agencies for other severely disabled. **(d) Regulations.—** The Committee— (1) may prescribe regulations regarding specifications for products and services on the procurement list, the time of their delivery, and other matters as necessary to carry out this cha

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 8504 — Procurement requirements for the Fed-

Page 209 TITLE 41—PUBLIC CONTRACTS § 8504 301(a)(4)(A) and (C) and (b)(3) of the Department of Edu- cation Organization Act (20:3441(a)(4)(A) and (C) and (b)(3)), the functions and offices of the Department and the functions of the Secretary of Health, Education, and Welfare and the Commissioner of Rehabilitation Services were transferred to the Department or Sec- retary of Education. Section 509 of the Act (20:3508) re- designated the Department and Secretary of Health, Education, and Welfare as the Department and Sec- retary of Health and Human Services, respectively, and provided that references to the Department and Sec- retary of Health, Education, and Welfare were deemed to be references to the Department or Secretary of Health and Human Services except to the extent a ref- erence was to a function of the Department or Sec- retary of Education. The reference in 41:46(a)(1) was changed to ‘‘Department of Health and Human Serv- ices’’ but should have been changed to ‘‘Department of Education’’. Furthermore, the regulations of the Com- mittee include the Department of Education in the list of members of the Committee. See 41 CFR 51–2.1. In subsection (c), the text of 41:46(d)(2) and (4) is omitted as obsolete. In subsection (f)(1), the reference to section 5376 of title 5 is substituted for the reference to grade GS–18 of the General Schedule because of section 529 [title I, § 101(c)(1)] of the Treasury, Postal Service and General Government Appropriations Act, 1991 (Public Law 101–509, 104 Stat. 1442, 5 U.S.C. 5376 note). The word ‘‘ac- tual’’ is omitted as unnecessary. The words ‘‘A member is entitled to travel expenses, including a per diem al- lowance instead of subsistence, as provided under sec- tion 5703 of title 5’’ are substituted for 41:

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