DFARS 208.602-70 Acquisition of items for which FPI has a significant market share
Subsection Defense Federal Acquisition Regulation Supplement
Facts
- Citation
- DFARS 208.602-70
- Type
- Subsection
- Supplements
- FAR 8.602 Policy
- Last amended
- 87 FR 76988 Effective Dec 30, 2022
- Text as of
- DFARS Change May 7, 2026
- Official text
- acquisition.gov
Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this subsection.
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.
Federal Register history
Quick answers
What is DFARS 208.602-70?
DFARS 208.602-70 is a subsection of the Defense Federal Acquisition Regulation Supplement, titled "Acquisition of items for which FPI has a significant market share".
When was DFARS 208.602-70 last changed?
The most recent final rule on record is "Defense Federal Acquisition Regulation Supplement: Reorganization of Defense Acquisition Statutes (DFARS Case 2022-D018)" (87 FR 76988), published Dec 16, 2022 and effective Dec 30, 2022.
Are changes to DFARS 208.602-70 proposed?
No proposed rule from the last 3 years is waiting on a final rule.
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