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.