48 C.F.R. § 9.107

9.107 Surveys of nonprofit agencies participating in the AbilityOne Program.

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(a) The Committee for Purchase From People Who Are Blind or Severely Disabled (Committee), as authorized by 41 U.S.C. chapter 85, determines what supplies and services Federal agencies are required to purchase from AbilityOne participating nonprofit agencies serving people who are blind or have other severe disabilities (see Subpart 8.7). The Committee is required to find an AbilityOne participating nonprofit agency capable of furnishing the supplies or services before the nonprofit agency can be designated as a mandatory source under the AbilityOne Program. The Committee may request a contracting office to assist in assessing the capabilities of a nonprofit agency.

(b) The contracting office, upon request from the Committee, shall request a capability survey from the activity responsible for performing preaward surveys, or notify the Committee that the AbilityOne participating nonprofit agency is capable, with supporting rationale, and that the survey is waived. The capability survey will focus on the technical and production capabilities and applicable preaward survey elements to furnish specific supplies or services being considered for addition to the Procurement List.

(c) The contracting office shall use the Standard Form 1403 to request a capability survey of organizations employing people who are blind or have other severe disabilities.

(d) The contracting office shall furnish a copy of the completed survey, or notice that the AbilityOne participating nonprofit agency is capable and the survey is waived, to the Executive Director, Committee for Purchase From People Who Are Blind or Severely Disabled.

[59 FR 67029, Dec. 28, 1994, as amended at 73 FR 53995, Sept. 17, 2008; 79 FR 24199, Apr. 29, 2014; 84 FR 19844, May 6, 2019]

Notes of Decisions

Cited in 1 case, 2012–2012 · leading case: Sys. Application & Tech., Inc. v. United States, 107 Fed. Cl. 795 (Fed. Cl. 2012).

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Sys. Application & Tech., Inc. v. United States, 107 Fed. Cl. 795 (Fed. Cl. 2012). · cites it 2× “” 48 C.F.R. § 9.107 (a) (2012). The contracting office may then produce a capability survey or “notify the Committee that the AbilityOne participating nonprofit agency is capable, with supporting rationale, and that the survey is waived.”

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