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COMMERCE BUSINESS DAILY ISSUE OF JULY 23,1998 PSA#2143GOOD FAITH ANNOUNCEMENT FEDERAL PRISON INDUSTRIES, INC. (FPI) Under the
terms of FPI's expansion guidelines, published March 12, 1997, in the
Federal Register, FPI submits the following "good faith announcement"
for public notice and comment. FPI proposes to manufacture grilles for
windows in Bureau of Prisons (BOP) correctional facilities. On June
13, 1996, FPI's Board of Directors granted approval for FPI to initiate
production of steel doors and frames for sale to the BOP. Many of the
doors purchased by the BOP include grilles. In the effort to vertically
integrate its production, FPI manufactures such grilles and includes
them with the completed doors. The grilles are included in the price of
the door, and all of FPI's grille sales count toward the $5 million
annual sales cap imposed by FPI's Board. FPI has been asked by the BOP
to provide similar grilles for some of the windows within BOP
correctional facilities. Such grilles would be manufactured in the same
manner as those already made by FPI, and would function in essentially
the same manner; the only difference being they will be located in a
window rather than a door. FPI believes that window grilles do not
constitute a separate specific product from the grilles FPI already
produces. FPI's expansion guidelines use an item's FSC code as the
primary determinant of whether it is a separate specific product. The
FSC for grilles is 5670 -- Prefabricated Building Components. This FSC
code includes door frames. This FSC code was also specifically cited
in FPI's impact study as one of the two FSC codes which include steel
doors and frames. It is FPI's belief that grilles for windows in BOP
correctional facilities are not substantially different in function
than those for doors in BOP correctional facilities. For this reason,
FPI believes that grilles for windows in BOP correctional facilities do
not meet the definition of "new product" as set forth by FPI's
expansion guidelines. FPI believes it should be allowed to supply the
BOP with grilles for windows, with all sales counting toward the annual
sales cap for steel doors and frames set by FPI's Board of Directors.
However, FPI recognizes that a reasonable person may construe grilles
for windows to be a new product for FPI. Under the terms of FPI's
expansion guidelines, interested parties may submit comments regarding
the proposed production by FPI. In submitting comments to FPI, the
following guidelines will apply: 1) Comments will be due within 21 days
of the date of this notice; 2) Relevant comments will focus on and
address why the item(s) should be considered a new product, separate
and distinct from a similar item currently produced by FPI; 3) While
the primary purpose of the comments will be to determine if the item
should be defined as a new product, comments related to market share
and/or the impact resulting from such a production decision may also be
considered relevant. All comments received in response to this
announcement will be considered by FPI. All commenters will be advised
whether FPI decides to initiate the public involvement guidelines
process. Any interested party has a right to raise any question at any
time with FPI's Board of Directors. All comments should be addressed
to: Manager, Planning, Research and Activation, Federal Prison
Industries, Inc., 320 First Street, NW, Washington, D.C. 20534. Posted
07/21/98 (W-SN226495). Loren Data Corp. http://www.ld.com (SYN# 0618 19980723\SP-0009.MSC)
SP - Special Notices Index Page
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