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  • Question

    Are all follow on NIB/NISH service contracts non competitive direct awards? Once a contract has been awarded as an Ability One are all follow on contracts to be awarded to same contractor as direct award? Are there exceptions?


    Answer

    Ability One is a preference/priority program under the Federal Acquisition Regulation (FAR) Part 8 (paragraph 8.002(a)(2).  Since Ability One enjoys this preference by law, follow-on contracts are expected.  The FAR allows that there may be instances where continuation of an order (contract) may not be prudent (reference FAR 8.705-4(c)).  In those cases where the performance issues cannot be resolved, the Committee for Purchase must approve transfer to a commercial source (reference FAR 8.705-4(d)).  If we combine the information above, we must conclude that once the Ability One provider is in place and performing satisfactorily his contract should continue as a direct award for the follow-on. 

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