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. § 8.706

8.706 Purchase exceptions.

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(a) Ordering offices may acquire supplies or services on the Procurement List from commercial sources only if the acquisition is specifically authorized in a purchase exception granted by the designated central nonprofit agency.

(b) The central nonprofit agency shall promptly grant purchase exceptions when—

(1) The AbilityOne participating nonprofit agencies cannot provide the supplies or services within the time required, and commercial sources can provide them significantly sooner in the quantities required; or

(2) The quantity required cannot be produced or provided economically by the AbilityOne participating nonprofit agencies.

(c) The central nonprofit agency granting the exception shall specify the quantity and delivery or performance period covered by the exception.

(d) When a purchase exception is granted, the contracting officer shall—

(1) Initiate purchase action within 15 days following the date of the exception or any extension granted by the central nonprofit agency; and

(2) Provide a copy of the solicitation to the central nonprofit agency when it is issued.

(e) The Committee may also grant a purchase exception, under any circumstances it considers appropriate.

[48 FR 42129, Sept. 19, 1983, as amended at 59 FR 67028, 67029, Dec. 28, 1994; 73 FR 53995, Sept. 17, 2008]
Notes of Decisions
Cited in 5 cases (4 in the last 5 years), 2006–2023 · leading case: Sekri, Inc. v. United States, 34 F.4th 1063 (Fed. Cir. 2022).
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Sekri, Inc. v. United States, 34 F.4th 1063 (Fed. Cir. 2022). · cites it 2× “4 (providing for purchase exceptions); 48 C.F.R. § 8.706 (same). In the context of competitive bidding, we have held that a bidder may “cease[] to be a prospective bidder” where it does not “pursue its rights in a diligent fashion.”
Magic Brite Janitorial v. United States, 69 Fed. Cl. 319 (Fed. Cl. 2006). · cites it 3× “4 (authorizing the nonprofit agency to issue a purchase exception if the nonprofit agency cannot furnish the service within the specified period and the service is available commercially); 48 C.F.R. § 8.706 (a) (authorizing the purchase from commercial sources if authorized by a…”
Goodwill Indus. of South Florida, Inc. v. United States (Fed. Cl. 2022). · cites it 13× “The regulation at 48 C.F.R. § 8.706 states: (a) Ordering offices may acquire supplies or services on the Procurement List from commercial sources only if the acquisition is specifically authorized in a purchase exception granted by the designated central nonprofit agency.”
Sekri, Inc. v. United States (Fed. Cir. 2022). · cites it 2× “4 (providing for purchase exceptions); 48 C.F.R. § 8.706 (same). In the context of competitive bidding, we have held that a bidder may “cease[] to be a prospective bidder” where it does not “pursue its rights in a diligent fashion.”
Sekri, Inc. v. United States (Fed. Cl. 2023). “” 48 C.F.R. § 8.706 (a). Although 41 C.F.R.”
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