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

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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Stable record: federal_law:legal_authorities:record_usc_e6c5e9416de31966cc3e57ce
Source file: Laws/federal/codes/united-states-code/title-18/section-4124-purchase-of-prison-made-products-by-federal-departments--5c3e47574e.md
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Passage SHA-256: bffdfa3f35d782678bac78dcfe46e755e07747bbb797a39cdc7f96cf9d59d86b

Source location: Title 18, Chapter 307, § 4124; chapter-307-employment.md

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

10 U.S.C. § 3905 — Products of Federal Prison Industries: procedural requirements

**(a) Products for Which Federal Prison Industries Does Not Have Significant Market Share.—** (1) Before purchasing a product listed in the latest edition of the Federal Prison Industries catalog under [section 4124(d) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section4124/d&num=0&edition=prelim) for which Federal Prison Industries does not have a significant market share, the Secretary of Defense shall conduct market research to determine whether the product is comparable to products available from the private sector that best meet the needs of the Department in terms of price, quality, and time of delivery. (2) If the Secretary determines that a Federal Prison Industries product described in paragraph (1) is not comparable in price, quality, or time of delivery to products of the private sector that best meets the needs of the Department in terms of price, quality, and time of delivery, the Secretary shall use competitive procedures for the procurement of the product, or shall make an individual purchase under a multiple award contract in accordance with the competition requirements applicable to such contract. In conducting such a competition, the Secretary shall consider a timely offer from Federal Prison Industries. **(b) Products for Which Federal Prison Industries Has Significant Market Share.—** (1) The Secretary of Defense may purchase a product listed in the latest edition of the Federal Prison Industries catalog for which Federal Prison Industries has a significant market share only if the Secretary uses competitive procedures for the procurement of the product or makes an individual purchase under a multiple award contract in accordance with the competition requirements applicable to such contract. In conducting suc

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

10 U.S.C. § 2410n — Renumbered § 3905]

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

18 U.S.C. § 6 — Department and agency defined

As used in this title:

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

15 U.S.C. § 631 — Declaration of policy

**(a) Aid, counsel, assistance, etc., to small business concerns** The essence of the American economic system of private enterprise is free competition. Only through full and free competition can free markets, free entry into business, and opportunities for the expression and growth of personal initiative and individual judgment be assured. The preservation and expansion of such competition is basic not only to the economic well-being but to the security of this Nation. Such security and well-being cannot be realized unless the actual and potential capacity of small business is encouraged and developed. It is the declared policy of the Congress that the Government should aid, counsel, assist, and protect, insofar as is possible, the interests of small-business concerns in order to preserve free competitive enterprise, to insure that a fair proportion of the total purchases and contracts or subcontracts for property and services for the Government (including but not limited to contracts or subcontracts for maintenance, repair, and construction) be placed with small-business enterprises, to insure that a fair proportion of the total sales of Government property be made to such enterprises, and to maintain and strengthen the overall economy of the Nation. **(b) Assistance to compete in international markets** (1) It is the declared policy of the Congress that the Federal Government, through the Administrator of the Small Business Administration, acting through the Associate Administrator for International Trade, and in cooperation with the Department of Commerce and other relevant State and Federal agencies, should aid and assist small businesses, as defined under this chapter, to increase their ability to compete in international markets by— (A) enhancing their abil

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

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

Page 917 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 4124 sonably possible’’ for ‘‘all physically fit inmates in the United States penal and correctional institutions’’, and added pars. (2) to (6). 1967—Subsec. (d). Pub. L. 90–226, § 802(1), (2), des- ignated existing provisions of subsec. (d) as par. (1) thereof, designated existing provisions of subsec. (e) as par. (2) of subsec. (d), and substituted reference to par. (1) of this subsection for reference to subsec. (d) of this section. Subsec. (e). Pub. L. 90–226, § 802(3), added subsec. (e). Former subsec. (e) redesignated (d)(2). 1951—Subsecs. (d), (e). Act Oct. 31, 1951, substituted ‘‘Department of Defense’’ for ‘‘National Military Estab- lishment’’. 1949—Act May 24, 1949, designated existing first two pars. as subsecs. (a) and (b), respectively, and added subsecs. (c) to (e). Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Office of Commissioner of District of Columbia, as es- tablished by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, § 711, Dec. 24, 1973, 87 Stat. 818, and replaced by Office of Mayor of District of Columbia by section 421 of Pub. L. 93–198. UTILIZATION OF SURPLUS PROPERTY Act June 29, 1948, ch. 719, § 4, 62 Stat. 1100, provided that: ‘‘For its own use in the industrial employment and training of prisoners and not for transfer or dis- position, transfers of surplus property under the Sur- plus Property Act of 1944 [former sections 1611 to 1646 of the former Appendix to Title 50, War and National Defense], may be made to Federal Prison Industries, In- corporated, without reimbursement or transfer of funds.’’ § 4123. New industries Any industry established under this chapter shall be so operated as not to curtail t

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