APPEALING A WAIVER DENIAL TO THE CONSTITUENT RELATIONS/OMBUDSMAN

In the event your waiver request is denied, you may appeal this decision by completing the On-Line Appeal Request Form or by writing/faxing FPI’s Constituent Relations/Ombudsman, as follows:

FPI Constituent Relations/Ombudsman,
Federal Prison Industries, Inc.
320 First Street, NW
400 First Street Building; Room 8007
Washington, D.C. 20534

FAX: (202) 305-7340

The following information should be included in the appeal request:

• Name, title, phone, fax, e-mail information and complete mailing address of the point of contact;
• The waiver identification number (found in the upper right corner of FPI waiver decision letter);
• A detailed explanation as to why your agency is unable to support FPI’s proposal, suggested products, and ultimate decision.

APPEALING A CONSTITUENT RELATIONS/OMBUDSMAN DENIAL TO THE WAIVER REVIEW PANEL

The FPI Constituent Relations/Ombudsman issues the final decision, on behalf FPI, for waivers disputed through the appeal process. However, pursuant to FPI’s enabling statute, codified at 18 U.S.C. Section 4124(b), disputes as to the price, quality, character, or suitability of products shall be arbitrated by a Board consisting of the Attorney General of the United States, the Administrator of the General Services Administration, and the President, or their designated representatives. Their decision shall be final and binding upon all parties.

For clarity, we reiterate that the comparability determination is made at the sole discretion of the contracting officer. The Waiver Review Panel has no jurisdiction over comparability issues.

To avoid confusion with FPI’s Board of Directors, the arbitration board refers to itself as the FPI Waiver Review Panel.

In the event the Constituent Relations/Ombudsman denies an appeal, the contracting activity may seek a final decision on any dispute based upon the suitability of FPI products through the Waiver Review Panel.

The following information should be included in the Panel request:

• Name, title, phone, fax, e-mail information and complete mailing address of the point of contact;
• The appeal identification number (found in the reference line of the Constituent Relations/Ombudsman’s decision letter);
• A detailed justification, together with any supplemental information, as to why the Constituent Relations/Ombudsman’s decision should be reversed.
• Three copies of the Waiver Review Panel request should be directed to:

FPI WAIVER REVIEW PANEL
320 FIRST STREET, NW
400 FIRST STREET BUILDING
WASHINGTON, D.C. 20534

The Waiver Review Panel will review your request, together with information received from FPI’s Constituent Relations/Ombudsman in support of FPI’s decision, and reach its decision based upon a majority vote. The Waiver Review Panel’s written decision will be sent to the agency’s point of contact, with a copy to FPI.

By law, the Waiver Review Panel’s decision is final and binding upon all parties.