Subpart 208.6--ACQUISITION FROM FEDERAL PRISON
INDUSTRIES, INC.
(Revised December 30, 2022)
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 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.
208.606 Evaluating FPI performance.
See DoD Class Deviation 2013-O0018, Past Performance Evaluation Requirements, issued on September 24, 2013. This class deviation requires past performance reporting for contracts awarded under FAR 8.6, Acquisition from Federal Prison Industries, Inc., when the thresholds in this deviation are exceeded. This deviation is effective until incorporated in the DFARS or rescinded.