61 -- FPI Sales in FSC Code 6160

This notice announces a decision by the Board of Directors for Federal Prison Industries, Inc. (FPI) to waive FPI?s status as a mandatory source of supply for items within Federal Supply Classification (FSC) code 6160 - Miscellaneous Battery Retaining Fixtures/Liners. FPI will continue to produce items within FSC code 6160, however, all sales FPI obtained for those items will be through non-mandatory means. This decision is effective immediately. This decision is the result of an earlier resolution by FPI?s Board to limit the application of mandatory source to products for which FPI?s share of the Federal market is less than 20 percent. Mandatory source is prescribed by law. In the past, the Board has exercised its authority to administratively determine how the statute should be applied. It is within the Board?s authority to determine the conditions under which waivers of FPI?s mandatory source are to be applied. The following guidance is being provided to facilitate the customer implementation of this action. C For products where FPI has waived the application of mandatory source, the market share acquired by FPI without the benefit of the mandatory source is considered a reasonable share. C For those FSCs where FPI?s mandatory source is waived, FPI must be given full visibility of the requirement and afforded a fair and equitable opportunity to submit an offer to meet the customer?s requirement, to include being provided by Federal agencies the same information and specifications (as are afforded to any private sector offeror). C Such waiver is contingent upon FPI?s ability to submit an offer for these procurements. Thus, consistent with the provisions of the Final Rule Implementing Sections 811/819 of the Defense Authorization Act of 2003(Federal Register, November 14, 2003), such procurements must not be set aside for other programs, e.g., small business set-aside, nor may FPI be otherwise precluded from being able to submit an offer. C Notwithstanding the fact that customers are no longer required to purchase products from FPI as a result of the Board resolution limiting the application of mandatory source to products for which FPI?s share of the Federal market is less than 20 percent, there is absolutely no restriction or prohibition against the customers continuing to purchase from FPI, should they choose to do so of their own volition. Thus, customers that currently rely on FPI to meet their product needs may continue to utilize FPI under the Board?s resolution. Interested parties have a right to raise questions at any time with FPI?s Board of Directors. Any correspondence should be addressed to: Chief, Strategic Business Development and Marketing Branch, Federal Prison Industries, Inc., 320 First Street, NW, Washington, D.C. 20534. Attention: FPI Board of Directors.