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

---
identifier: "/us/cfr/t48/s208.602-70"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "48 CFR § 208.602-70 - 208.602-70   Acquisition of items for which FPI has a significant market share."
title_number: 48
title_name: "Federal Acquisition Regulations System"
section_number: "208.602-70"
section_name: "208.602-70   Acquisition of items for which FPI has a significant market share."
chapter_number: 2
chapter_name: "DEFENSE ACQUISITION REGULATIONS SYSTEM, DEPARTMENT OF DEFENSE"
subchapter_number: "B"
subchapter_name: "ACQUISITION PLANNING"
part_number: "208"
part_name: "REQUIRED SOURCES OF SUPPLIES AND SERVICES"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "41 U.S.C. 1303 and 48 CFR chapter 1."
regulatory_source: "56 FR 36306, July 31, 1991, unless otherwise noted."
cfr_part: "208"
---


# 208.602-70 208.602-70   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.

[73 FR 46817, Aug. 12, 2008, as amended at 87 FR 15817, Mar. 18, 2022; 87 FR 76990, Dec. 16, 2022]