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Full Text of this Amendment

SA 3715. Mr. HARKIN submitted an amendment intended to be proposed to amendment SA 3500 proposed by Mr. Harkin (for himself, Mr. Chambliss, Mr. Baucus, and Mr. Grassley) to the bill H.R. 2419, to provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes; which was ordered to lie on the table; as follows:

On page 1362, between lines 19 and 20, insert the following:
(a) In General.--The Secretary shall cause the Acquisition Regulation of the Department of Agriculture established under chapter 4 of title 48, Code of Federal Regulations, to be modified in accordance with subsection (b).
(b) Administration.--
(1) COMPETITIVE PROCEDURES.--A purchase of a product from Federal Prison Industries shall be made using competitive procedures (including the competition requirements applicable to a purchase under a multiple award contract), if--
(A) market research conducted by the Department of Agriculture determines that the product offered by Federal Prison Industries is 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; or
(B) Federal Prison Industries has a significant share of the Federal market for a product listed in the latest edition of the Federal Prison Industries catalog issued pursuant to section 4124(d) of title 18, United States Code.
(2) OFFERS.--In conducting a purchase described in paragraph (1), the Secretary shall consider a timely offer made by Federal Prison Industries.
(3) SIGNIFICANT SHARE OF FEDERAL MARKET.--For the purposes of this subsection, Federal Prison Industries shall be treated as having a significant share of the Federal market for a product if the Secretary, in consultation with the Administrator of the Office of Federal Procurement Policy, determines that the share of Federal Prison Industries of the Federal market for the category of the product is significant.

(As printed in the Congressional Record for the Senate on Nov 15, 2007.)