WASHINGTON -- The days of federal prison
inmates getting a leg up on small and large companies to
produce clothing, electronics or office furniture for the
federal government are over.
Federal Prison Industries Inc.'s 70-year
monopoly on federal procurement contracts ended Wednesday when
President Bush signed into law the $388 billion omnibus
spending package, which includes a provision changing federal
contracting policies.
"The enactment of this provision is the
culmination of a 10-year effort to ensure that private-sector
companies have a fair opportunity to sell their products to
their own government," said U.S. Sen. Carl Levin, Michigan's
senior senator, in a written statement. "If Federal Prison
Industries said that it wanted a contract, it got that
contract, regardless of whether a company in the private
sector may offer to provide the product better, cheaper or
faster."
Under the new regulation, no federal monies
can be spent to purchase products or services from FPI if they
can be made at a cheaper price by a private company.
FPI operates 100 factories around the
country, using about 20,000 inmates to produce 90 different
products. The U.S. Department of Justice manages the program
through the Bureau of Prisons.
FPI was created in 1934 as a way to keep
prisoners busy during the day while providing them with job
skills they could use once they were released from prison.
The language enacted into law Wednesday
extends to all federal agencies the same procurement rules
that ended FPI's monopoly on Defense Department contracts in
2001. That provision was offered by Levin as well.
FPI data show that the agency employed
20,274 inmates and generated $667 million in net sales in
2003. FPI also spent $497 million that year purchasing goods
from the private sector to make its products.
FPI, which had no comment Wednesday, has
been resistant to changes in procurement rules, fearing they
would result in fewer federal contracts and leave prisoners
dangerously idle.
Some lawmakers have suggested that FPI
instead provide products and services to nonprofit agencies
that might not be able to afford private companies. In the
past, FPI has said it would consider such an option.
FPI's so-called "mandatory source rule,"
which requires federal agencies to go to FPI first before
seeking bids from private companies, has raised the ire of
small and large businesses that have been closed out of the
federal market.
"Steelcase is thrilled to see this made
permanent by President Bush," said Jeanine Hill, a spokeswoman
for Grand Rapids-based Steelcase Inc., the international
furniture maker that lost federal contracts to FPI. "We feel
that passage of this is well overdue for our industry. During
a time when the office furniture industry was declining, FPI
was growing into a multimillion-dollar company."
While the new rule allows for a more
competitive bidding process, it doesn't reform FPI's entire
contracting system -- something many lawmakers think is
needed. They hope to pass an FPI overhaul bill in early 2005.
"This will create a better environment for
us to get our reform done," said U.S. Rep. Pete Hoekstra,
R-Holland, who sponsored a comprehensive reform bill that
passed the House, but wasn't taken up by the Senate. "For the
longest time, the alternative (to major reform) was if we do
nothing, the current system would be in place. Now we'll have
some protections for the private companies."
Hoekstra said it's also important to pass a
reform bill to ensure that this new provision won't be changed
next year when Congress approves the 2006 budget bill.