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  • Question

    For open market purchase, is clause 52.208-9 a mandatory clause to include in the solicitation? As prescribed in 8.004 Contract Clause it asks to insert clause 52.208-9 however, FAR 8.004 is part of FAR Part 8 RequiredSources of Supplies and Services. If I'm not using FAR 8 as my procurement method and will be using either FAR 13, 14 or 15, will clause 52.208-9 be a mandatory clause to include in the solicitation?


    Answer

    Technically you are using FAR Part 8 for your procurement, as most procurement actions are subject to the priority listing at FAR 8.002. If the prime contractor will be providing supplies or services that are on the AbilityOne Procurement List (ref. FAR 8.703), then the clause at FAR 52.208-9 is a mandatory clause. If not, then the clause is not mandatory. It does not matter if this is a set aside for SDVOSB. A recent GAO ruling affirmed the precedence of the AbilityOne Procurement List over SDVOSB set asides.

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