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?
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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.