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  • Question

    Is it appropriate to include FAR 52.208-9 (Contractor Use of Mandatory Sources of Supply or Services) in facility support service contracts?


    Answer

    FAR Clause 52.208-9 is required when applicable as prescribed in FAR 8.004 which states, "Insert the clause at 52.208–9, Contractor Use of Mandatory Sources of Supply and Services, in solicitations and contracts that require a contractor to provide supplies or services for Government use that are on the Procurement List maintained by the Committee for Purchase from People Who Are Blind or Severely Disabled. The contracting officer shall identify in the contract schedule the supplies or services that must be purchased from a mandatory source and the specific source." 

    If your organization is required to buy the items in support of your services requirement from ability one, then you are required to put in FAR 52.208-9 in the contract.  If not, then it is your choice to add the clause into the contract.  You may want to view the AbilityOne Procurement List, http://www.abilityone.org/work_with_us/procurement.html, to see if DHS is required to buy the products from AbilityOne.  You may want to ask NIB/NISH the authority that requires you to put the clause in your solicitation.  In researching FEDBIZOPPS solicititations for facility support services requirements, not all solicitations had FAR 52.208-9 in them.


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