36C26118B0192-005.pdf

COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED

An Independent Federal Agency

U.S. ABILITYONE COMMISSION

703-603-7740 1401 S. Clark Street, Suite 10800 FAX 703-603-0655 Arlington, Virginia 22202

MEMORANDUM FOR THE RECORD

DATE: November 16, 2017

SUBJECT: Purchasing Mandatory Source Products for Use in Construction and Architect – Engineer Contracts

References.

a. 41 U.S.C. Chapter 85

b. 41 CFR Chapter 51

c. FAR Subpart 8.7

d. FAR Subparts 8.002 and 8.7

e. FAR Clause 52.208-9, Contractor Use of Mandatory Sources of Supply or Services

f. 41 CFR 51-5.3

g. Commission Policy 51.541

h. FAR 8.706

i. 41 CFR 51-5.4

The purpose of this document is to communicate the statutory requirements for federal agencies to purchase AbilityOne® Program products within the framework of FAR Part 36 Construction and Architect-Engineer Contracts.

The AbilityOne Program generates employment opportunities for people who are blind or have significant disabilities through the delivery of products and services to the Federal Government.

Administered by the U.S. AbilityOne Commission (Commission), the AbilityOne Program is authorized by 41 U.S.C. Chapter 85 and is implemented through 41 CFR Chapter 51 and FAR Subpart 8.7.

The Commission maintains a Procurement List (PL) of products and services that have been placed in the AbilityOne Program, as referenced in FAR Subparts 8.002 and 8.7. Once a product or service is on the PL and, the government has a requirement for the product or service, the Government must buy it from the nonprofit agency designated by the Commission until the government no longer has requirements for the item, or until the nonprofit agency can no longer furnish that product or service.

The AbilityOne Program and PL applies to any requirement for which the product or service is on the PL, including Construction and Architect – Engineer Contracts. Products identified as AbilityOne are mandatory for purchase by Federal agencies when appropriated funds are used in the procurement of construction and architect-engineer services and projects. Inserting FAR Clause 52.208-9, Contractor Use of Mandatory Sources of Supply or Services, should be considered for Construction and Architectural/Engineering contracts. When FAR Clause 52.208-9 is included, contractors are required to purchase AbilityOne items for use in performance of the contract.

When the Basis of Design is developed by the architect/engineer early in the design stage, specifications should consider AbilityOne products that meet federal specifications and requirements.

In accordance with 41 CFR 51-5.3, “…the mandatory source requirement covers the National Stock Number or item designation listed and commodities that are essentially the same as the listed item.”

Essentially the Same (ETS) is further defined and discussed in Commission Policy 51.541, which can be found on the Commission’s website at www.abilityone.gov under Laws, Regulations, and Policy. If the required AbilityOne product is not available, the contractor must notify the Contracting Officer if no AbilityOne authorized source is able to provide the supplies needed within the time required, or if the quality of supplies provided is unsatisfactory. Contractors should not provide or use equivalent or similar supplies from non-AbilityOne sources until the Contracting Officer has notified the Contractor that the Commission or an AbilityOne central nonprofit agency has issued a Purchase Exception (PE). The PE regulation can be found at FAR 8.706 and 41 CFR 51-5.4.

The AbilityOne PL offers a wide range of products to support your contract in the architectural design, and construction of federal facilities. The program continues to add products to the PL to meet the requirements of the federal customer. Products include, but are not limited to:

Product CSI Master Specification

Architectural Door Hardware (08 71 00) Lighting Fixtures (26 51 00)

Exit and Emergency Lighting (26 52 00) Signage (10 14 00)

Entrance and Floor Mats (12 48 12)

National Industries for the Blind (NIB) and SourceAmerica are central nonprofit agencies designated by the Commission to represent producing nonprofit agencies before the Commission. NIB employs its own brand, SKILCRAFT Established in 1952, the SKILCRAFT brand is found on numerous AbilityOne products.

Where to Find AbilityOne Products and Authorized Sources AbilityOne products and technical assistance are widely available through multiple requisition channels including:

http://abilityone.gov/procurement_list/product_contractors.html AbilityOne Authorized Wholesalers and Distributors Directly from Manufacturers AbilityOne Customer Care at 877-428-5863

For product-specific technical assistance, please contact inquiries@nib.org.

For more information about the AbilityOne Program, visit www.abilityone.gov. The point of contact for the AbilityOne Program and applicability of the mandatory source products within your acquisition is Mike Jurkowski at mjurkowski@abilityone.gov or 703-603-2117.

Amy B. Jensen Director, Business Operations