Advocacy
The Federal Prison Industries (FPI)
The Federal Prison Industries (FPI) was created in 1934 to employ Federal prisoners to manufacture products exclusively for all Federal agencies. But as a mandatory source of supply, FPI has a virtual lock on the Federal market – even when price and quality comparisons demonstrate that the private sector is a better supplier. This ultimately translates into a loss of business for those companies that are traditional government suppliers.
How does this mandatory source status work? Current law and regulation obligates a Federal agency to look first to FPI to fulfill its requirements for a product – and to negotiate a contract with FPI on a sole source basis. The final determination of the price to be paid for its products is left to FPI – not to the Federal manager. This is completely contrary to normal procurement practices where the private sector, when selling to the Federal government, is required by statute to sell at a fair and reasonable price established through a competitive bidding process. It is also contrary to the bi-partisan efforts of the last several years to encourage greater commercial practices in how the Federal government conducts its business.
Contrary to FPI’s assertions, GAO reported in April 1998 that the Federal Prison Industries cannot back-up its frequent claims about being a quality supplier to Federal agencies, furnishing products that meet their needs in terms of quality, price, and timeliness of delivery. Once FPI commandeers a product, it erodes, displaces, or eliminates private sector competition and opens the door for it to raise its future prices. So far, these comments have focused on FPI’s mandatory source in the manufacturing arena. However, FPI sees services as ripe for aggressive expansion.
While the authorizing statute is silent with respect to services, FPI is already involved in numerous service-related activities including laundry services, distribution and mailing services, data services, and telephone support services.
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Need more information about CSA's position on issues?
Contact Colleen Preston, CSA SVP for Public Policy
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