48 C.F.R. § 8.002

8.002 Priorities for use of mandatory Government sources.

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(a) Except as required by 8.003, or as otherwise provided by law, agencies shall satisfy requirements for supplies and services from or through the mandatory Government sources and publications listed below in descending order of priority:

(1) Supplies. (i) Inventories of the requiring agency.

(ii) Excess from other agencies (see subpart 8.1).

(iii) Federal Prison Industries, Inc. (see subpart 8.6).

(iv) Supplies that are on the Procurement List maintained by the Committee for Purchase From People Who Are Blind or Severely Disabled (see Subpart 8.7).

(v) Wholesale supply sources, such as stock programs of the General Services Administration (GSA) (see 41 CFR 101-26.3), the Defense Logistics Agency (see 41 CFR 101-26.6), the Department of Veterans Affairs (see 41 CFR 101-26.704), and military inventory control points.

(2) Services. Services that are on the Procurement List maintained by the Committee for Purchase From People Who Are Blind or Severely Disabled (see subpart 8.7).

(b) Sources other than those listed in paragraph (a) of this section may be used as prescribed in 41 CFR 101-26.301 and in an unusual and compelling urgency as prescribed in 6.302-2 and in 41 CFR 101-25.101-5.

(c) The statutory obligation for Government agencies to satisfy their requirements for supplies or services available from the Committee for Purchase From People Who Are Blind or Severely Disabled also applies when contractors purchase the supplies or services for Government use.

[78 FR 80378, Dec. 30, 2013]

Notes of Decisions

Cited in 4 cases, 2004–2020 · leading case: Pds Consultants, Inc. v. United States, 907 F.3d 1345 (Fed. Cir. 2018).

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Pds Consultants, Inc. v. United States, 907 F.3d 1345 (Fed. Cir. 2018). · cites it 2× “" 48 C.F.R. § 8.002 (a) (2002). This regulation explains that procurement of "[s]upplies which are on the [AbilityOne List]" takes priority over the procurement of supplies listed in Federal Supply Schedules or government acquisition contracts.”

Coalition for Gov't Procurement v. Fed. Prison Indus., Inc., 365 F.3d 435 (6th Cir. 2004). “, 48 C.F.R. § 8.002 (a)(l)(iii) (2003) (“[A]gencies shall satisfy requirements for supplies or services from .”

Top Gun Servs., LLC v. United States (Fed. Cl. 2020). “¶ 5)); see also 48 C.F.R. §§ 8.002 , 8.004). 2. Framework of AbilityOne and CICA The ten contracts at issue in this case are awarded under the AbilityOne Program.”

Bayaud Enter., Inc. v. US Dep't of Vets. Affairs (D. Colo. 2020). “) Certainly, nothing in the record establishes that the VA does not currently enforce 48 C.F.R. § 8.002 (c), nor indicate that it will refuse to do so via the 2019 Class Deviation.”

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