# 48 CFR § 208.602-70: 208.602-70 Acquisition of items for which FPI has a significant market share

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-48-208.602-70

## Section

- **Citation:** 48 CFR § 208.602-70
- **Heading:** 208.602-70 Acquisition of items for which FPI has a significant market share
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** 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.

## Text

(a) Scope. This section implements 10 U.S.C. 3905.
(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.
(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.
[73 FR 46817, Aug. 12, 2008, as amended at 87 FR 15817, Mar. 18, 2022; 87 FR 76990, Dec. 16, 2022]

## Nearby sections

- [48 CFR § 208.404 208.404 Use of Federal Supply Schedules.](https://www.frixlaw.com/law-library/statutes/ecfr-48-208.404.md)
- [48 CFR § 208.405 208.405 Ordering procedures for Federal Supply Schedules.](https://www.frixlaw.com/law-library/statutes/ecfr-48-208.405.md)
- [48 CFR § 208.405-6 208.405-6 Limiting sources.](https://www.frixlaw.com/law-library/statutes/ecfr-48-208.405-6.md)
- [48 CFR § 208.406-1 § 208.406-1 Order placement.](https://www.frixlaw.com/law-library/statutes/ecfr-48-208.406-1.md)
- [48 CFR § 208.602-70 208.602-70 Acquisition of items for which FPI has a significant market share.](https://www.frixlaw.com/law-library/statutes/ecfr-48-208.602-70.md)
- [48 CFR § 208.705 208.705 Procedures.](https://www.frixlaw.com/law-library/statutes/ecfr-48-208.705.md)
- [48 CFR § 208.7000 208.7000 Scope of subpart.](https://www.frixlaw.com/law-library/statutes/ecfr-48-208.7000.md)
- [48 CFR § 208.7001 208.7001 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-48-208.7001.md)
- [48 CFR § 208.7002 208.7002 Assignment authority.](https://www.frixlaw.com/law-library/statutes/ecfr-48-208.7002.md)
- [48 CFR § 208.7002-1 208.7002-1 Acquiring department responsibilities.](https://www.frixlaw.com/law-library/statutes/ecfr-48-208.7002-1.md)
- [48 CFR § 208.7002-2 208.7002-2 Requiring department responsibilities.](https://www.frixlaw.com/law-library/statutes/ecfr-48-208.7002-2.md)
- [48 CFR § 208.7003-1 208.7003-1 Assignments under integrated materiel management (IMM).](https://www.frixlaw.com/law-library/statutes/ecfr-48-208.7003-1.md)
- [48 CFR § 208.7003-2 208.7003-2 Assignments under coordinated acquisition.](https://www.frixlaw.com/law-library/statutes/ecfr-48-208.7003-2.md)
- [48 CFR § 208.7004 208.7004 Procedures.](https://www.frixlaw.com/law-library/statutes/ecfr-48-208.7004.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-48-208.602-70. Check the current official text before relying on it. Not legal advice.