C.F.R. » Title 48 » CHAPTER 1—FEDERAL ACQUISITION REGULATION › SUBCHAPTER B—ACQUISITION PLANNING › PART 8—REQUIRED SOURCES OF SUPPLIES AND SERVICES › Subpart 8.7—Acquisition From Nonprofit Agencies Employing People Who Are Blind or Severely Disabled

48 C.F.R. § 8.704

8.704 Purchase priorities.

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(a) 41 U.S.C. chapter 85 requires the Government to purchase supplies or services on the Procurement List, at prices established by the Committee, from AbilityOne participating nonprofit agencies if they are available within the period required. When identical supplies or services are on the Procurement List and the Schedule of Products issued by Federal Prison Industries, Inc., ordering offices shall purchase supplies and services in the following priorities:

(1) Supplies:

(i) Federal Prison Industries, Inc. (41 U.S.C. 8504).

(ii) AbilityOne participating nonprofit agencies.

(iii) Commercial sources.

(2) Services:

(i) AbilityOne participating nonprofit agencies.

(ii) Federal Prison Industries, Inc., or commercial sources.

(b) No other provision of the FAR shall be construed as permitting an exception to the mandatory purchase of items on the Procurement List.

(c) The Procurement List identifies those supplies for which the ordering office must obtain a formal waiver (8.604) from Federal Prison Industries, Inc., before making any purchases from AbilityOne participating nonprofit agencies.

[48 FR 42129, Sept. 19, 1983, as amended at 51 FR 19713, May 30, 1986; 56 FR 15149, Apr. 15, 1991; 59 FR 67028, Dec. 28, 1994; 69 FR 16150, Mar. 26, 2004; 73 FR 53995, Sept. 17, 2008; 79 FR 24199, Apr. 29, 2014]
Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2022–2023 · leading case: Goodwill Industries of South Florida, Inc. v. United States
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Goodwill Industries of South Florida, Inc. v. United States (2022) Fed. Cl. · cites it 3× “48 C.F.R. § 8.704 (2021). 15 The FAR also provides procedures for when the federal government’s needs may exceed nonprofit production capability.”
Sekri, Inc. v. United States (2023) Fed. Cl. “See 48 C.F.R. § 8.704 . Regardless, the scope limitation would then apply only if FPI were involved in the procurement.”
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