Clarification_on_Question_80c_(4-17).docx

GSA is clarifying its response to Question Number 80(1)(c) as previously posted on March 13, 2014 in Federal Business Opportunities (FBO.gov) website:

https://www.fbo.gov/index?s=opportunity&mode=form&id=f19e022a90763d78343e8e0efab3cfd9&tab=core&_cview=1

The original question was the following:

80. 1.c.

c. The requirement of AbilityOne and Essentially the Same ("ETS") cannot be complied with in Contractors stores. Please confirm this is a requirement relative to CLIN0004. Below are various AbilityOne and ETS requirements cited throughout the RFP and SOW. The application of these requirements to in-store purchases would unnecessarily restrict competition.

Original response:

c. The AbilityOne requirements for the OS3 Purchasing channel do not apply to commercial brick and mortar stores however it the government encourages AbilityOne items to be in commercial brick and mortar stores. ETS items must not be sold within the contractors’ Government designated portals. OS3 Government discounts will not apply to ETS items sold in commercial brick and mortar stores.

GSA clarifies its previous answer herein, replacing the previous answer with the following:

Contractors operating brick and mortar stores must be AbilityOne certified and must comply with all AbilityOne requirements. However, the Government recognizes that not all items in a commercial vendor’s brick and mortar store will be AbilityOne items.

Federal purchasers utilizing the OS3 Contract vehicle must adhere to Federal statutes, Acquisition Regulations and Agency Guidance at the end user purchasing level, including instructions to purchasers issued pursuant to this solicitation and in GSA-led end user trainings.

Specifically, the Javits-Wagner-O’Day (“JWOD”) Act, 41 U.S.C. §§ 8501-8506, 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.

Pursuant to FAR 8.704, when identical supplies or services are on the Procurement List and the Schedule of Products issued by Federal Prison Industries, Inc., ordering offices shall purchase supplies and services in the following priorities:

(1) Supplies:

(i) Federal Prison Industries, Inc. (41 U.S.C.48).

(ii) AbilityOne participating nonprofit agencies.

(iii) Commercial sources.

The addition of the brick and mortar and/or same day delivery requirement does not alter the mandatory character of the JWOD Procurement List items.

If you have questions regarding the above clarification concerning CLIN 0004, please contact Nelson.Duncan@gsa.gov by April 24, 2014.