Note From FPI

The Federal Prison Industries (FPI) Board, effective June 26, 2003, adopted a resolution which ended the application of mandatory source for those products where FPI's share of the Federal market exceeds 20 percent. As a point of clarification, customers that rely upon FPI to meet their product needs in these FSC's may continue to utilize FPI under the Board's resolution.

Qualifications:

• The Federal Supply Classification (FSC) code will be used as the principal determinant to calculate FPI’s market share.
• Under this resolution, the market share acquired by FPI, from sales obtained without the benefit of mandatory source, will be considered a “reasonable share.”
• For those FSCs where FPI’s mandatory source is waived, FPI must be given full visibility of the requirement (to include being provided the same information and specifications as are provided to all private sector offerers) and a fair and equitable opportunity to submit its offer.
• Consistent with the provisions of the Interim Rule (Federal Acquisition Circular 2005-03; 4/11/05), such procurements must not be set aside for other programs (e.g., small business set-aside), nor may FPI be precluded from submitting its offer.
• Updates will be made, as appropriate, to UNICOR’s website to reflect all product additions/deletions under this category of waiver exceptions. See PURCHASING EXCEPTIONS and click on Products Where Market Share is 20% or Greater, for a current listing of administratively-waived FSC codes/items authorized by the Board.