52.208-9 Contractor Use of Mandatory Sources of Supply or Services
Source: FAR 52.208-9 on acquisition.gov
Contractors must use specified mandatory sources for certain government supplies or services and cannot use alternatives without Contracting Officer approval.
Overview
FAR 52.208-9 requires contractors to use mandatory sources of supply or services, such as nonprofit agencies under the AbilityOne Program, DLA, GSA, or VA, when providing certain supplies or services for government use. The clause ensures compliance with federal laws mandating the use of these sources and outlines procedures for contractors if these sources cannot meet requirements.
Key Rules
- Use of Mandatory Sources
- Contractors must obtain specified supplies or services from the sources listed in the contract schedule, including AbilityOne agencies, DLA, GSA, or VA.
- Notification Requirement
- If a mandatory source cannot meet delivery or quality requirements, contractors must immediately notify the Contracting Officer and cannot use alternative sources without authorization.
- Price and Delivery Information
- Contractors can obtain price and delivery details from the Contracting Officer or the relevant nonprofit agency, and must pay the source directly.
Responsibilities
- Contracting Officers: Ensure contract schedules specify mandatory sources, provide price/delivery info, and authorize alternative sourcing if needed.
- Contractors: Obtain supplies/services from mandatory sources, notify the CO of issues, and await authorization before using alternatives.
- Agencies: Oversee compliance and facilitate communication between contractors and mandatory sources.
Practical Implications
- This clause ensures federal priorities for supporting nonprofit agencies and centralized supply chains are met.
- Contractors must be diligent in sourcing and communication to avoid unauthorized purchases.
- Delays or quality issues require prompt action and coordination with the Contracting Officer to remain compliant.
As prescribed in 8.005 , insert the following clause:
Contractor Use of Mandatory Sources of Supply or Services (May 2014)
(a) Certain supplies or services to be provided under this contract for use by the Government are required by law to be obtained from nonprofit agencies participating in the program operated by the Committee for Purchase From People Who Are Blind or Severely Disabled (the Committee) under http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section8504&num=0&edition=prelim" target="_blank">41 U.S.C. 8504. Additionally, certain of these supplies are available from the Defense Logistics Agency (DLA), the General Services Administration (GSA), or the Department of Veterans Affairs (VA). The Contractor shall obtain mandatory supplies or services to be provided for Government use under this contract from the specific sources indicated in the contract schedule.
(b) The Contractor shall immediately notify the Contracting Officer if a mandatory source is unable to provide the supplies or services by the time required, or if the quality of supplies or services provided by the mandatory source is unsatisfactory. The Contractor shall not purchase the supplies or services from other sources until the Contracting Officer has notified the Contractor that the Committee or an AbilityOne central nonprofit agency has authorized purchase from other sources.
(c) Price and delivery information for the mandatory supplies is available from the Contracting Officer for the supplies obtained through the DLA/GSA/VA distribution facilities. For mandatory supplies or services that are not available from DLA/GSA/VA, price and delivery information is available from the appropriate central nonprofit agency. Payments shall be made directly to the source making delivery. Points of contact for AbilityOne central nonprofit agencies are:
(1) National Industries for the Blind 1310 Braddock Place Alexandria, VA 22314-1691 (703) 310-0500; and
(2) NISH 8401 Old Courthouse Road Vienna, VA 22182 (571) 226-4660.
(End of clause)