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COMMERCE BUSINESS DAILY ISSUE OF MAY 18,1995 PSA#1349FEDERAL PRISON INDUSTRIES PUBLIC INVOLVEMENT PROCEDURES The following
steps will be followed whenever FPI proposes to produce a new product
or to significantly expand production of an existing product. These
procedures are substantially identical to the original procedures which
were adopted following consultation with private industry and labor,
shortly after the passage of the industry involvement guidelines. The
principal changes are to provide for early data collection and removal
of strict page limitations, so as to make it easier to file comments
with the Board. 1. Parties who are known to have an interest in a
proposal by FPI to produce a new specific product or significantly
expand in the production of an existing product will be contacted prior
to the drafting of any market inpact study to obtain relevant
information for purposes of developing a comprehensive and fair study.
2. All proposals to produce a new product or to significantly expand
the production of an existing prduct shall be announced in the Commerce
Business Daily (CBD), and a copy of the announcement shall be mailed to
known interested parties. 3. The announcement will state that
interested parties may obtain a copy of the study which analyzes the
impact, if any, on the private sector resulting from the proposed
production initiatives by writing to the Ombudsmun, Federal Prison
Industries, 330 First Street, N.W., Washington, D.C. 20534, Attention:
Ombudsmun. The announcement will further state that comments on the
study should be submitted in writing to the Chief Operating Officer. It
will further state that comments are due no later than 45 days from the
date of the announcement and that the comments should address the issue
of what precentage, if any, of the Government market for the specific
product constitutes a reasonable share of the market. 4. Comments,
including all attachments, should be keep as brief as possible. 5. FPI
will contact known trade associations representing manufacturers of
the relevant product, provide them with a copy of the announcement and
the market analysis, and request their written and oral comments in an
attempt to arrive at a mutually agreeable percentage figure as to what
constitutes a reasonable share of the market. 6. A recommendation will
be prepared by FPI to be provided to the Board of Directors on what
constitutes a reasonable market share, if any, for the specific product
in question. The recommendation will address all comments which are
timely and relevant as well as the views of the trade association(s).
7. A copy of written comments submitted in response to the
announcement, FPI's responses to the comments, and FPI's proposed
recommendation to the Board of Directors shall also be provided to
commenters who filed a timely submission. The material will be provided
to the commenters no less than forty-five (45) days before the date of
the Board meeting at which the proposal for production of the specific
product at issue will be considered. 8. A final submission, whose
purpose is to comment on FPI's recommendations, may be provided by
commenters to the Board for its consideration. The final submission,
including any attachments, should be as brief as possible. The
submission should be sent to the Ombudsmun of FPI for transmittal to
the Board. If a commenter wishes to appear at the Board meeting to make
a statement, that request should be made in connection with the final
submittal, together with the names of the individuals desiring to
appear before the Board. 9. All final submittals, together with any
request to appear before the Board, must be received by the Omsbudsmun
at least fifteen (15) days in advance of the Board meeting. 10. In
addition, all commenters will be advised in an appropriate manner of
the date, time and location of the Board meeting at which the proposal
will be discussed, and advised of the opportunity to address the Board
in person. 11. The following rules will apply at the in-person
presentation: (a) a maximum of 30 minutes will be allotted to each
commenter for presentations to the Board, unless the Board extends the
time; (b) The presentation to the Board is open to the public.
However, the hearing may be closed, or other safeguards taken, where
the Board determines that proprietary information must be safeguard, or
for other good and sufficient reason. (c) The record before the Board
at the time of the presentation is limited to the market study,
comments and materials submitted in response to the market study
(including the trade association's comments), corporate management's
recommendations and materials submitted as part of corporate
management's recommendations, and materials submitted by commenters in
response to corporate management's recommendations. No new
documentation or arguments from commenters will be received or heard at
the presentation that have not been submitted in compliance with these
rules, unless permitted by the Board. (d) The Chairman of the Board
will preside at the hearing and impose such further rules as are
reasonable to assure a full and orderly presentation, covering such
matters as who may address the Board, the order in which presentations
are made, what documents will constitute the record, what issues are
relevant, and any questions concerning how much time is to be allotted
to each presentation. The Federal Rules of Civil Procedure and formal
rules of evidence will not be followed. (e) The Board members may
direct questions to a commenter to elicit further information, and may
request that additional material be provided for the record. 12. The
Board will determine whether a proposed new product may be produced or
whether a proposed expansion of an existing product should be
approved, and what the reasonable market share is with regard to the
specific product in question. In determining the reasonable market
share for a specific product, the Board will balance the interest of
the corporation with the interest of the affected private sector,
employing the criteria spelled out in the relevant statutes,
legislative history, and corporate regulations. 13. The decision of the
Board will be made by majority vote. In the case of a tie, the position
of the group which includes the Chairman will prevail. 14. The
decision, together with the reasons for the decision, will be published
in the CBD within 10 days of the date of the Board's decision. 15.
Modification of these rules will be granted by the Board only in
compelling circumstances. Requests should be addressed to Chairman,
Board of Directors, Federal Prison Industries, Inc., 320 First Street,
N.W., Washington, D.C. 20534, Attn: Ombudsmun. Loren Data Corp. http://www.ld.com (SYN# 0706 19950517\SP-0001.MSC)
SP - Special Notices Index Page
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