Action Alert: Federal Prison Industries

In July, members of the Federal Prison Industries Competition in Contracting Coalition expressed strong support for Section 824 (Modification of Competition Requirements for Purchases from Federal Prison Industries) of the Senate's version of the National Defense Authorization Act for Fiscal Year 2008 (S.1547). Additionally, they urged Senators to vote against any amendment to strike or weaken Section 824 but the legislation was not acted upon at that time.

The Senate has now resumed consideration of non-Iraq amendments to the Senate's version of the National Defense Authorization Act for Fiscal Year 2008. If you believe that private business and prison industries should compete on a level playing field, now is the time to let your elected representatives know. The Business and Institutional Furniture Manufacturer’s Association (BIFMA), is spearheading the latest campaign, and suggests the following:

• Communicate to the entire Senate your support of Section 824;
• Express opposition to the Feinstein amendment to strike Section 824;
• Support for the Grassley-Harkin amendment that eliminates any ambiguity that Government-wide application through the Federal Acquisition Regulation should be given to 10 USC 2410n, as strengthened by Section 824.

The Competition in Contracting Coalition continues to strongly support the enactment of legislation that would fundamentally and comprehensively reform FPI and such legislation has passed the House in both the 108th and 109th Congress.

Career management staff of the Federal Bureau of Prisons and FPI are again making predictions of catastrophic reductions in prisoner work opportunities. This did not come to pass after previous reforms were implemented within DOD or subsequently when its procedures were given Government-wide application. On the contrary, the number of inmates participating in the FPI program actually increased to 21,205 in FY 2006 from 19.720 in FY 2005, according to FPI's own annual reports.

Similarly, the protests of the firms that are suppliers to FPI are overblown. These firms will still be free to supply FPI, but they will also be free to sell directly to the Federal agencies or to sell indirectly as a subcontractor or supplier to another private sector firm. They will not, however, have a lock on a portion of the Federal market through FPI. Suppliers will have to participate on a competitive basis, like they do every day in the commercial market.

Telephone numbers and e-mail forms for your elected representatives in the Senate are easily located at the following website:

http://www.senate.gov/general/contact_information/senators_cfm.cfm

You can also reach all Senators by calling the Capitol switchboard at (202) 224-3121.

To obtain a copy of the pending legislation and background information on Section 824, send an email to jackie@uniformmarket.com