8.706 Purchase exceptions
Source: FAR 8.706 on acquisition.gov
Purchase exceptions allow agencies to buy from commercial sources only when AbilityOne nonprofits cannot meet delivery or quantity needs, and strict procedures must be followed.
Overview
FAR 8.706 outlines the circumstances and procedures under which government ordering offices may acquire supplies or services from commercial sources instead of AbilityOne participating nonprofit agencies. Purchase exceptions are only allowed when authorized by the designated central nonprofit agency or the Committee, typically due to the nonprofit's inability to meet required delivery times or quantities economically. The regulation details the process for requesting and granting exceptions, as well as the responsibilities of contracting officers once an exception is granted.
Key Rules
- Authorization Requirement
- Supplies or services on the Procurement List may only be purchased from commercial sources if a purchase exception is granted by the central nonprofit agency or the Committee.
- Conditions for Granting Exceptions
- Exceptions are granted if AbilityOne agencies cannot meet required delivery times or quantities, or cannot provide the items economically.
- Scope of Exception
- The exception must specify the quantity and delivery/performance period covered.
- Contracting Officer Actions
- Upon receiving an exception, the contracting officer must initiate purchase action within 15 days and provide a copy of the solicitation to the central nonprofit agency.
- Committee Authority
- The Committee may grant exceptions under any circumstances it deems appropriate.
Responsibilities
- Contracting Officers: Must request and act on purchase exceptions, initiate purchase actions within 15 days, and provide solicitations to the central nonprofit agency.
- Contractors: Must comply with the terms of the exception and any related solicitation requirements.
- Agencies: Central nonprofit agencies must promptly process exception requests and specify the scope; the Committee oversees and may grant exceptions as needed.
Practical Implications
- This section ensures AbilityOne agencies have priority but allows flexibility when they cannot meet government needs. Contracting officers must follow strict procedures and timelines when exceptions are granted. Failure to comply can delay acquisitions or result in noncompliance with procurement regulations.
(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.