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FedBizOpps: "National Exigency" for T-Shirts

This notice announces a decision by the Board of Directors for Federal Prison Industries, Inc. (FPI) regarding FPI’s production in Federal Supply Classification (FSC) codes 8415 - Clothing, Special Purpose and 8420, Underwear and Nightwear, Men’s.

A provision of the guidelines allows for FPI to exceed a specific product’s expansion threshold in cases of public exigency, such as a national defense emergency. The guidelines require that FPI receive a specific order or request from the Department of Defense (DoD) or Executive Branch officials for this provision to be invoked. Upon invoking this provision, the guidelines allow that “increased sales resulting from national exigencies will not be considered a violation of the guidelines ceiling in the year in which they occur.”

On January 3, 2007, FPI received an official request from the Defense Supply Center Philadelphia (DSCP). The correspondence requested FPI to fulfill DoD’s need for t-shirts, grey, olive green and brown in FSC codes 8415 and 8420. FPI’s FY 2007 sales ceiling for tshirts is $19.2 million and 3.9 million units. Based on year-to-date sales, the additional work represented by the DoD request would cause FPI to exceed the sales ceilings for t-shirts.

The DoD request states that “FPI’s flexibility to meet our ever changing customer demand is important to DSCP’s ability to support the war fighter.”

FPI presented its Board of Directors with a request to invoke the guidelines’ “national exigency” provision. In light of the military’s critical need for this item, FPI staff requested its Board to invoke the “national exigency” provision for t-shirts. On January 24, 2007, FPI's Board of Directors officially approved this request. Accordingly, FPI’s sales in t-shirts may temporarily exceed the guidelines ceiling without constituting a guidelines violation.

It should be noted that the national exigency provision of FPI’s guidelines is temporary. It does not authorize FPI to utilize the higher sales level as a future production baseline. FPI is not certain how long the current exigency will last due to the ongoing military operations. While the requested production levels are deemed to be on a temporary basis, at this time, DoD does not know how long the requirement for additional production in t-shirts will last. At a minimum, however, it is expected that increased production levels as a result of DoD’s expanded needs will continue as long as the Army is involved in overseas conflicts.

Interested parties have a right to raise questions at any time with FPI’s Board of Directors. Any correspondence should be addressed to: Chief, Strategic Business Development and Marketing Branch, Federal Prison Industries, Inc., 320 First Street, NW, Washington, DC 20534. Attention: FPI Board of Directors.