IAW 8.002, agencies shall satisfy requirements for supplies and services through mandatory sources. AbilityOne is a mandatory source that has all the required products, but requester has found the products cheaper on GSA Advantage (no AbilityOne logo or NSN number) or even Amazon. There is no where in the FAR that authorizes agencies to go to the non-mandatory source in FAR 8.004 due to being cheaper over using the mandatory source in FAR 8.002, correct? The request is currently under $10K through commercial source and plan is to use GPC, but since items are found on AbilityOne, it puts the request over $10K. Should GPC be authorized to the non-mandatory source?
This response is based on the information provided. We suggest you discuss with your contracting and finance team, program manager and/or legal department as appropriate.
You are correct. Less expensive pricing is not a justification to bypass the Procurement List.
"FAR 8.703. The Committee maintains a Procurement List of all supplies and services required to be purchased from AbilityOne participating nonprofit agencies."
"FAR 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."
Unless AbilityOne is unable to meet the legitimate schedule or quality requirements, your team is to use the Procurement List (AbilityOne).