48 CFR §208.602-70

1. (a)Scope. This section implements 10 U.S.C. 3905.
2. (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.
3. (c)Policy.
   1. (1)When acquiring an item for which FPI has a significant market share—
      1. (i)Acquire the item using—
         1. (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
         2. (B)The fair opportunity procedures in FAR 16.505, if placing an order under a multiple award delivery-order contract; and
      2. (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. (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.