(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 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]