FAR and DFARS › DFARS Part 208: Required Sources of Supplies and Services › Subpart 208.6
DFARS 208.602-70 Acquisition of items for which FPI has a significant market share.
The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.
In plain English
This section tells DoD contracting officers how to buy items where Federal Prison Industries (FPI) has a significant share of the DoD market. For those items, the contractor must be selected through competitive procedures or fair opportunity ordering, and FPI must be included in the solicitation process and its timely offer considered. For items where FPI does not have a significant market share, normal FAR 8.602 rules apply.
Applies to: DoD acquisitions of items where FPI has a significant market share
What it requires
- Acquire the item using competitive procedures or fair opportunity procedures under a multiple award delivery-order contract
- Include FPI in the solicitation process
- Consider a timely offer from FPI
- Make an award in accordance with FAR 8.602(a)(4)(ii) through (v)
Key terms: FPI · significant market share · federal supply class · competitive procedures · fair opportunity procedures
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The 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.
← § 208.406-1 208.406-1 Order placement. · 208.705 Procedures. →
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.