8.713
Optional acquisition of supplies and services
Agencies may, but are not required to, acquire non-Procurement List items from AbilityOne nonprofits if they are the lowest responsive, responsible offeror, and should include them in relevant solicitations.
Overview
FAR 8.713 allows ordering offices to acquire supplies and services not listed on the Procurement List from AbilityOne participating nonprofit agencies, provided these agencies are the lowest responsive and responsible offeror under a competitive solicitation. This section encourages, but does not require, agencies to include AbilityOne nonprofits in solicitations for goods and services outside the mandatory Procurement List, promoting broader participation of these agencies in federal contracting.
Key Rules
- Optional Acquisition from AbilityOne Nonprofits
- Agencies may purchase supplies and services not on the Procurement List from AbilityOne nonprofits if they win a competitive solicitation.
- Forwarding Solicitations
- Agencies are encouraged to send solicitations to qualified AbilityOne nonprofits to ensure they have the opportunity to compete.
Responsibilities
- Contracting Officers: May consider AbilityOne nonprofits for non-Procurement List items and should forward relevant solicitations to them.
- Contractors: AbilityOne nonprofits must respond competitively and be the lowest responsive, responsible offeror to win awards.
- Agencies: Should promote competition and inclusion by notifying qualified AbilityOne nonprofits of relevant opportunities.
Practical Implications
- This section provides flexibility for agencies to support AbilityOne nonprofits beyond mandatory purchases, fostering inclusion and competition.
- It impacts daily contracting by encouraging outreach to AbilityOne agencies for broader procurement needs.
- Common pitfalls include failing to notify qualified nonprofits or misunderstanding the optional nature of these acquisitions.