§208.602-70. Acquisition of items for which FPI has a significant market share.
48 C.F.R. § 208.602-70
Scope. This section implements 10 U.S.C. 3905.
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.
Policy.
When acquiring an item for which FPI has a significant market share—
Acquire the item using—
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
The fair opportunity procedures in FAR 16.505, if placing an order under a multiple award delivery-order contract; and
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).
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.
Notes, amendments, and revision history
Amendments
[73 FR 46817, Aug. 12, 2008, as amended at 87 FR 15817, Mar. 18, 2022; 87 FR 76990, Dec. 16, 2022]
Authority
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
Source
Source: 56 FR 36306, July 31, 1991, unless otherwise noted.
Amendments
[73 FR 46817, Aug. 12, 2008, as amended at 87 FR 15817, Mar. 18, 2022; 87 FR 76990, Dec. 16, 2022]