{"data":{"id":"us/48-cfr-208.602-70","jurisdiction":"us","citation":"48 CFR 208.602-70","heading":"208.602-70 Acquisition of items for which FPI has a significant market share.","body":"(a) Scope. This section implements 10 U.S.C. 3905.\n(b) Definition. Item for which FPI has a significant market share, as used in this subsection, means an item for which FPI's share of the DoD market for the federal supply class including that item is greater than 5 percent, as determined by DoD in consultation with the Office of Federal Procurement Policy. A list of the federal supply classes of items for which FPI has a significant market share is maintained at https://www.acq.osd.mil/asda/dpc/cp/policy/other-policy-areas.html#fpi.\n(c) Policy. (1) When acquiring an item for which FPI has a significant market share—\n(i) Acquire the item using—\n(A) Competitive procedures (e.g., the procedures in FAR 6.102, the set-aside procedures in FAR Subpart 19.5, or competition conducted in accordance with FAR Part 13); or\n(B) The fair opportunity procedures in FAR 16.505, if placing an order under a multiple award delivery-order contract; and\n(ii) Include FPI in the solicitation process, consider a timely offer from FPI, and make an award in accordance with the policy at FAR 8.602(a)(4)(ii) through (v).\n(2) When acquiring an item for which FPI does not have a significant market share, acquire the item in accordance with the policy at FAR 8.602.","path":["Title 48—Federal Acquisition Regulations System","CHAPTER 2—DEFENSE ACQUISITION REGULATIONS SYSTEM, DEPARTMENT OF DEFENSE","SUBCHAPTER B—ACQUISITION PLANNING","PART 208—REQUIRED SOURCES OF SUPPLIES AND SERVICES","Subpart 208.6—Acquisition From Federal Prison Industries, Inc."],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-48.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:29Z","sha256":"fb5560ac42c370efeae9aad9a650b78411a89a4e70b196ac624503df5ec61148","source_id":"us-cfr","stale":true,"prev":"us/48-cfr-208.406-1","next":"us/48-cfr-208.705"},"notice":"GroundRules: Original legal text. Not legal advice."}