Follow the procedures at PGI 208.406-1 when ordering from schedules. [71 FR 14107, Mar. 21, 2006]
Subpart 208.6_Acquisition From Federal Prison Industries, Inc.SECTION> 208.602-70 Acquisition of items for which FPI has a significant market
share.
(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 http:// www.acq.osd.mil/ dpap/ cpic/ cp/ specific-- policy-- areas.htmlfederal-- prison.
(c) Policy. (1) When acquiring an item for which FPI has a significant market share--
(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]
Subpart 208.7_Acquisition From Nonprofit Agencies Employing People Who
Are Blind or Severely Disabled