Do the Limitations in Far 6.302-5 (c) apply to Source America or to contracts awarded to Source America? Does Source America qualify as a Federal Government Entity in respect to this FAR Part?
If you are not following FAR 8.7
in your procurement, then FAR 6.302-5(c
) does not apply to Source America.
"The JWOD Act directs the Commission to designate one or more "central nonprofit agencies" to assist community-based nonprofit agencies serving persons who are blind or have other severe disabilities. These community-based organizations are participants in the AbilityOne Program. The Commission designated NIB and SourceAmerica (formerly NISH) to fulfill responsibilities as listed in 41 CFR Part 51-3."
If you are doing a small business set-aside, then you are not following FR 9.7 procedures and Source America would not be eligible to compete. See FAR 19.502-1
It is also unclear as to your procurement strategy of first doing a set-aside on GSA and then on FBO. You must pick the acquisition strategy you want and not do both. See FAR 8.404 – Use of Federal Supply Schedules. "(a) General. Parts 13 (except 13.303-2(c)(3)), 14, 15, and 19 (except for the requirement at 19.202-1(e)(1)(iii)) do not apply to BPAs or orders placed against Federal Supply Schedules contracts (but see 8.405-5). BPAs and orders placed against a MAS, using the procedures in this subpart, are considered to be issued using full and open competition (see 6.102(d)(3)). Therefore, when establishing a BPA (as authorized by 13.303-2(c)(3)), or placing orders under Federal Supply Schedule contracts using the procedures of 8.405, ordering activities shall not seek competition outside of the Federal Supply Schedules or synopsize the requirement; but see paragraph (g) of this section."