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FBO DAILY ISSUE OF APRIL 24, 2005 FBO #1245
MODIFICATION

72 -- FPI Sales in FSC Code 7210 - Updated

Notice Date
4/22/2005
 
Notice Type
Modification
 
NAICS
337910 — Mattress Manufacturing
 
Contracting Office
Department of Justice, Federal Prison Industries/UNICOR, Research, Activation & Corporate Support, 320 First St., N.W., Washington, DC, 20534
 
ZIP Code
20534
 
Solicitation Number
Reference-Number-RACS-12-2005
 
Point of Contact
Yvette Hairston-Mercer, Industrial Specialist, Phone 202-305-3862, Fax 202-305-7358,
 
E-Mail Address
ymercer@central.unicor.gov
 
Description
Modification: The following paragraph is being changed as follows. Notwithstanding the fact that customers are no longer required to purchase products from FPI as a result of the Board resolution waiving FPI’s mandatory source for products in which FPI has at least a 20 percent market share, 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. On October 2, 2003, Federal Prison Industries, Inc. (FPI) posted a notice in the Federal Business Opportunities (FedBizOpps) regarding a decision by the FPI Board of Directors to waive FPI’s status as a mandatory source of supply for items within Federal Supply Classification (FSC) code 7210 – Household Furnishings. This notice clarifies the language in the original notice. FPI will continue to produce items within FSC code 7210, however, all sales FPI obtains for those items will be through non-mandatory means. This decision was effective on October 2, 2003. This decision was the result of an earlier resolution by FPI’s Board to limit the application of FPI’s 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. ∙ 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. ∙ 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). ∙ Such waiver is contingent upon FPI’s ability to submit an offer for these procurements. Thus, consistent with the provisions of the Interim 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. ∙ Notwithstanding the fact that customers are no longer required to purchase products from FPI as a result of the Board resolution waiving FPI’s mandatory source for products in which FPI has less than a 20 percent market share, 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 Administrative Officer, Research, Activation, and Corporate Support, Federal Prison Industries, Inc., 320 First Street, NW, Washington, D.C. 20534. Attention: FPI Board of Directors. NOTE: THIS NOTICE WAS NOT POSTED TO WWW.FEDBIZOPPS.GOV ON THE DATE INDICATED IN THE NOTICE ITSELF (22-APR-2005); HOWEVER, IT DID APPEAR IN THE FEDBIZOPPS FTP FEED ON THIS DATE. PLEASE CONTACT fbo.support@gsa.gov REGARDING THIS ISSUE.
 
Web Link
Link to FedBizOpps document.
(http://www.eps.gov/spg/DOJ/FPI-UNICOR/PRA/Reference-Number-RACS-12-2005/listing.html)
 
Place of Performance
Address: N/A
 
Record
SN00794370-F 20050424/050422213208 (fbodaily.com)
 
Source
FedBizOpps.gov Link to This Notice
(may not be valid after Archive Date)

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