75 -- FSC 7510 - FPI Plastic File Folders Follow-up

On September 28, 2005, Federal Prison Industries, Inc (FPI) posted a - good faith notice in the Federal Business Opportunities (FedBizOpps) in response to an inquiry from the Department of Homeland Security (DHS). In this notice, FPI proposed to manufacture plastic file folders for sale competitively to DHS, without mandatory source. The notice indicated that under FPI's guidelines covering the production of new products and significant expansion of existing products, the primary determinant of what constitutes a "specific product" is an item's Federal Supply Classification (FSC) code. Plastic file folders fall within Federal Supply Classification (FSC) code 7510 - Office Supplies. FPI has recorded sales in this category every year since FY 1989. The most appropriate SIC codes for plastic file folders is SIC 3089 - Plastic Products, Not Elsewhere Classified. The notice also highlighted that FPI had a history of making similar items in the FSC code for plastic file folders. Previously, FPI had produced items in the relevant SIC code as well. For that reason, FPI believed plastic file folders did not meet the definition of "new product" set forth by FPI's guidelines. However, FPI recognized that a reasonable person may construe this item to be a product separate and distinct from any other made by FPI. FPI received no comments from interested parties regarding this proposed production within the 21 days allowed as stated in the September 28, 2005 FedBizOpps notice. Therefore, FPI will provide plastic folders competitively to DHS, without mandatory source. 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: RACS Branch.