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  • Question

    Can we remove that task from the contract and have civilian government employees perform the task?


    Answer

    Number one; you already have placed this requirement under contract with AbilityOne.  Number two; there is still a need to have this task performed, just with the procedures modified.  FAR 8.712(c), Specification Changes, requires the contracting activity to provide at least a 90 day notification period prior to any change in scope or other conditions. 

    While I did not find anything that would specifically preclude you from transferring this task back to the government, you could not then give this work to a commercial contractor.  I have limited information, but I am also not sure that just because a procedure changed that removing it from the contract would be the best business decision both politically and financially.  Removing this work from the contract would be in essence a termination for convenience and there still would be a requirement for a minimum of a 90 notification period.  You would have to reach a settlement on costs.


    I have provided FAR references below for your convenience:

    8.002 Priorities for Use of Mandatory Sources.
    (a) Except as required by 8.003, or as otherwise provided by law, agencies shall satisfy requirements for supplies and services from or through the mandatory Government sources and publications listed below in descending order of priority:
    (2) Services. Services that are on the Procurement List maintained by the Committee for Purchase From People Who Are Blind or Severely Disabled (see subpart 8.7).
    8.704 -- Purchase Priorities.
     
    (a)  41 U.S.C. chapter 85 requires the Government to purchase supplies or services on the Procurement List, at prices established by the Committee, from AbilityOne participating nonprofit agencies if they are available within the period required…
     
    (b)  No other provision of the FAR shall be construed as permitting an exception to the mandatory purchase of items on the Procurement List.
    8.712 -- Specification Changes.
    (c)  For services, the contracting activity shall notify the AbilityOne participating nonprofit agency and central nonprofit agency concerned at least 90 days prior to the date that any changes in the scope of work or other conditions will be required.
     

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