Purchase from FPI is not mandatory and a waiver is not required if—
(a)(1) The contracting officer makes a determination that the FPI item of supply is not comparable to supplies available from the private sector that best meet the Government's needs in terms of price, quality, and time of delivery; and
(2) The item is acquired in accordance with 8.602(a)(4);
(b) Public exigency requires immediate delivery or performance;
(c) Suitable used or excess supplies are available;
(d) The supplies are acquired and used outside the United States;
(e) Acquiring listed items totaling $3,500 or less;
(f) Acquiring items that FPI offers exclusively on a competitive (non-mandatory) basis, as identified in the FPI Schedule; or
(g) Acquiring services.
[69 FR 16149, Mar. 26, 2004, as amended at 70 FR 18958, Apr. 11, 2005; 71 FR 223, Jan. 3, 2006; 73 FR 53994, Sept. 17, 2008; 81 FR 45855, July 14, 2016]
Notes of Decisions
Coalition for Gov't Procurement v. Fed. Prison Indus., Inc., 365 F.3d 435 (6th Cir. 2004).
· cites it 2× “See 48 C.F.R. § 8.605 ; (J.A., 165). In the event this appeal is denied, the federal agency or department may appeal to decision to the dispute resolution board pursuant to section 4124(b).”
Coalition Govt Proc v. Fed Prison Indust (6th Cir. 2004).
· cites it 2× “See 48 C.F.R. § 8.605 . Where principles” derived from an independent source, such as state, UNICOR grants the waiver request, the federal agency or federal, or common law, define the dimensions of the department may purchase the product from a private sector requisite property…”
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