COMMERCE BUSINESS DAILY ISSUE OF AUGUST 29,2000 PSA#2674 FEDERAL PRISON INDUSTRIES, INC (FPI) "GOOD FAITH" ANNOUNCEMENT FOR
WINDOW FRAMES Under the provisions of FPI's guidelines process,
published March 12, 1997, in the Federal Register and March 25, 1997,
in the Commerce Business Daily, FPI submits the following "good faith"
announcement for public notice and comment. FPI proposes to
manufacture window frames for sale to the Federal Bureau of Prisons
(BOP). 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. FPI's Board authorized FPI to produce steel doors and frames as
defined in an impact study prepared by FPI. The Board established a
ceiling on FPI's steel door and frame sales of $5 million annually.
When FPI completed the impact study on doors and frames, FPI did not
expect to produce window frames. As a result, the impact study did not
explicitly include window frames in its definition of "steel doors and
frames." FPI has received approval from its Board of Directors to
reexamine this issue. FPI wishes to encompass window frames within
"steel doors and frames" as defined by its product guidelines. There
are two primary reasons for FPI's request: 1) The impact study on steel
doors and frames was completed in 1996, prior to the revision of FPI's
expansion guidelines. Under the revised guidelines, the primary
determinant of a "specific product" is an item's Federal Supply
Classification (FSC) code, rather than an item's seven-digit Standard
Industrial Classification (SIC) code. While window frames have a
different seven-digit SIC code from steel doors and frames, both items
are included within FSC 5670 -- Building Components, Prefabricated; 2)
Under FPI's revised expansion guidelines, the secondary determinant of
a "specific product" is an item's four-digit SIC code. Both window
frames and steel doors and frames are included within SIC 3442 -- Metal
Doors, Sash, Frames, Molding, and Trim. Since window frames share both
the same FSC code and the same four-digit SIC code with steel doors
and frames, FPI believes window frames do not meet the definition of a
"new product" as set forth in its product guidelines. FPI believes it
should be authorized to produce window frames for the BOP, with all
sales counting toward the annual sales ceiling for steel doors and
frames previously established by FPI's Board of Directors. However, FPI
recognizes that a reasonable person may construe window frames to be a
product separate and distinct from any other item supplied by 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 window frames 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 when FPI makes a final determination.
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 08/25/00
(W-SN490418). Loren Data Corp. http://www.ld.com (SYN# 0505 20000829\SP-0003.MSC)
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