Subpart 208.6--ACQUISITION FROM FEDERAL PRISON
INDUSTRIES, INC.
(Added
August 12, 2008)
208.602-70 Acquisition of items for
which FPI has a significant market share.
208.602-70 Acquisition of items for
which FPI has a significant market share.
(a) Scope. This subsection
implements Section 827 of the National Defense Authorization Act for Fiscal
Year 2008 (Pub. L. 110-181).
(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 http://www.acq.osd.mil/dpap/cpic/cp/specific_policy_areas.html#federal_prison.
(c) Policy.
(1) When acquiring an item for which FPI has a
significant market share—
(i) Acquire the item using—
(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
(B) The fair opportunity procedures in FAR
16.505, if placing an order under a multiple award delivery-order contract; and
(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).
(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.